Air Producers, Inc.

National Labor Relations Board - Board Decisions

May 5, 1945

61 N.L.R.B. 943 (N.L.R.B. 1945)

In the Matter of AIR PRODUCTS, INC. and INTERNATIONAL ASSOCIATION
OF MACHINISTS (A. F. OF L.)
In the Matter of AIR PRODUCTS, INC. and INTERNATIONAL ASSOCIATION
OF MACHINISTS (A. F. OF L.) ; INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL UNION NO. 910 ; UNITED BROTHERHOOD OF CAR-
PENTERS & JOINERS OF AMERICA, LOCAL UNION No. 74
Cases Nos. 10-R-1248 and 10-RE-13, respectively.Decided
May 5,1045
Messrs. Charles A. Noone, R. C. McEwan, and Donald C. MacCloud,
of Chattanooga, Tenn., for the Company.
Mr. Paul Chipman, of Atlanta, Ga., Mr. J. C. McGlou, of Birming-
ham, Ala., and Messrs. 0. H. Dye and F. E. Seeley, of Chattanooga,
Tenn., for the Machinists.
Messrs. John At. Greene and F. E. Slayton, of Chattanooga, Tenn.,
for the Operating Engineers.
Mr. J. C. Barrett, of Birmingham, Ala., and Mr. J. B. Henderson,
of Chattanooga, Tenn., for the Carpenters.
Mr. Gordon Freeman, of Chattanooga, Tenn., for the IBEW.
Mr. Sidney Grossman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Association
of Machinists (A. F. of L.), herein called the Machinists, alleging
that a question affecting commerce had arisen concerning the represen-
tation of employees of Air Products, Inc., Chattanooga, Tennessee,
herein called the Company,' the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Mortimer
H. Freeman, Trial Examiner. Said hearing was held at Chattanooga,
Tennessee, on November 14,.1944. The Company, the Machinists, the
International Union of Operating Engineers, Local Union No. 910,
herein called the Operating Engineers, and the United Brotherhood
1 At the hearing the name of the Company was amended as designated above
61 N. L. R. B, No. 155.
0 943
944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Carpenters and Joiners of America, Local Union No. 74, herein
called the Carpenters, appeared and participated. All parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, to introduce evidence bearing on the issues, and to file briefs
with the Board. The Trial Examiner's rulings made at the hearings
are free from prejudicial error and are hereby affirmed. Thereafter,
on December 4, 1944, while the petition of the Machinists was still
pending before the Board, the Company filed a petition alleging that
a question affecting commerce had arisen concerning the representation
of its employees.. On January 20, 1945, pursuant to a motion filed by
the Company, the Board issued an order reopening the record, consol-
idating the Company's case with that of the Machinists, remanding the
proceedings to the Regional Director, and authorizing the Regional
Director to issue notice of further hearing. Said further consolidated
hearing was held upon due notice at Chattanooga, Tennessee, on Feb-
ruary 15, 1945, before Arthur C. Joy, Trial Examiner. The Company,
the Machinists, the Carpenters, the Operating Engineers, and the
International Brotherhood of Electrical Workers, Local Union No.
B-1396, herein called the IBEW, appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded an opportunity to
file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Air Products, Inc., a Michigan corporation, with its principal of ice
and place of business at Chattanooga, Tennessee, is engaged in the
manufacture of equipment for the production of oxygen, hydrogen,
nitrogen, and other gases. During the past 12 months the Company
purchased raw materials consisting of copper sheet and tubing, steel
plates and shapes, gasoline engines, air compressors, electric motors,
and other materials valued in excess of $1,000,000, of which more than
95 percent was secured from sources outside the State of Tennessee.-
During the same period the Company sold and delivered equipment in
excess of $3,000,000 in value, all of which was shipped to points outside
the State of Tennessee.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
AIR PRODUCTS, INC.
II. THE ORGANIZATIONS INVOLVED
945
International Association of Machinists, United Brotherhood of
Carpenters & Joiners of America, Local Union No. 74, International
Union of Operating Engineers, Local Union No. 910, and Interna-
tional Brotherhood of Electrical Workers, Local Union No. B-1396,
are labor organizations affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 3, 1944, the Machinists addressed a letter to the Com-
pany requesting therein recognition as the bargaining representative
of the Company's employees. The Company responded by letter
dated August 4, 1944, in which it refused to grant recognition until
the Machinists had been certified by the Board in an appropriate unit.
Requests for recognition by the remaining parties herein were met
with similar refusal by the Company.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Machinists, the Carpenters, the Operating En-
gineers, and the IBEW represent a substantial number of employees
in the respective units hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Machinists seeks a unit' consisting of all employees of the Com-
pany, at its Chattanooga, Tennessee, plant, including inspectors, jan-
itors, stockroom employees, and leadermen, but excluding general
office employees, factory clerical employees, guards, nurses, professional
and technical employees, outside truck drivers, maids, foremen, assist-
2 The Field Examiner reported that the Machinists submitted 141 designations of which
134 bore dates between June and September 1944, and 7 were undated ; the names of 105
persons appearing thereon were listed on the Company ' s pay roll of November 1, 1944, in an
alleged appropriate unit consisting of 226 employees ; 26 additional cards were submitted
at the hearing but were not checked against the pay roll.
The Carpenters submitted 21 designations of which 3 bore dates in June 1944, 3 in
November 1944, and 15 were undated , the names of 12 persons appearing thereon were
listed on the pay roll above referred to, in an alleged apVropriate unit consisting of 75
employees.
The IBEW submitted 8 designations of which 1 was dated in November 1944, 6 in
December 1944, and 1 was undated ; the names of 5 persons appearing thereon were listed
on the above -mentioned pay roll in an alleged appropriate unit consisting of 8 employees
The Operating Engineers submitted 17 designations of which 14 bore dates in November
1944 , 2 in December 1944 , and 1 was undated ; the names of 9 persons appearing thereon
were listed on the pay roll of November 1, 1944 , in an alleged appropriate unit of 28
employees.
946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ant foremen , the storekeeper in the stockroom , and all other supervisory
employees . The Company is in agreement with the general composi-
tion of the foregoing unit, but would also include therein the outside
truck drivers and maids. In the main , the I . B. E. W., the Carpenters,
and the Operating Engineers , seek units coextensive with their re-
spective craft jurisdictions.
The Company's manufacturing operations are conducted in numer-
ous departments located on a single floor of the premises that it occu-
pies. Although these departments are not separated from each other
by any physical barrier, each is comprised of a separate group of em-
ployees devoted to work characteristic of their department . However,
the record discloses frequent intermingling among the employees of
the various departments , utilization of common plant facilities by all
employees , and a high degree of interdependency in the production
process. Thus , it is clear that a plant-wide unit, as proposed by the
Machinists, and concurred in by the Company, would be appropriate
for the purposes of collective bargaining . On the other hand, counter-
balancing considerations tend to indicate that the groups sought by
the remaining unions herein consists of employees who perform duties
characteristic of skilled crafts and therefore could appropriately con-
stitute separate units for collective bargaining purposes . In this sit-
uation, we shall permit the scope of the bargaining unit or units to
be,determined , in part, by the results of separate elections which we
shall hereinafter direct. There remains for consideration the specific
composition of the several voting groups.
The IBEW would include electrical overhead crane operators in its
unit. These employees are disassociated , from the electrical workers in
that they work under separate supervision in the maintenance depart-
ment. At times other maintenance employees also operate the overhead
cranes. We have previously expressed our opinion that crane opera-
tors do not constitute such a skilled craft 3 as would warrant their
inclusion in a unit of electrical workers such as is here sought. We
shall , therefore , exclude the electrical overhead crane operators from
the voting group of electrical workers. We shall also exclude the
assistant foreman in the electrical department , whom the IBEW
would also include, since he possesses supervisory authority within
our customary definition.
The Carpenters requests the inclusion of millwrights and the assist-
ant foreman in the carpentry department . The Company does not have
employees classified as "millwrights " in its employ . However, the Car-
penters desires to include within its proposed unit those employees en-
gaged in "assembling and installing machinery ." The Company em-
ploys approximately 63 employees in its jacket assembly department
3 Matter of Bethlehem-Hingham Shipyard, Inc, 54 N. L. R. B. 631.
AIR PRODUCTS, INC. 947
who assemble component parts of the equipment produced by the Com
pany, and about 6 employees in the final assembly department who gen-
erally complete the final installation and assembly of the finished
products prior to testing and shipping. Although carpenters may work
in these departments, as well as in other departments of the plant, they
do not ordinarily perform the work of assembly men. Moreover, as-
sembly men work under separate supervision in their respective de-
partments, and while they possess mechanical ability, their employ-
ment is not predicated upon any skills characteristic of the carpenter
craft. The above facts afford no basis for including assembly men
with the carpenters in a separate craft unit. We shall, therefore, ex-
clude "millwrights" and assembly men from the voting group of car-
penters. We shall also exclude the assistant foreman in the carpentry
department who it appears possesses supervisory authority within our
usual definition.
As indicated above, the Company would include, and the Machinists
would exclude, from the residual production and maintenance unit,
outside truck drivers and maids. The maids' duties are similar to
those of the janitors whom the Machinists would include. , Since no
cogent reason appears for their exclusion, we shall include the outside
truck drivers and the maids in the residual production and mainte-
nance group.
We shall order elections among the employees of the Company at its
Chattanooga, Tennessee, plant, within each of the groups listed below,
excluding therefrom foremen, assistant foremen, and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action.
1. All employees engaged in performing electrical, work, including
journeymen and apprentice electricians, but excluding overhead crane
operators.
2. All carpenters, excluding "millwrights" and assembly men.
3. All employees in the testing department, including mechanics,
leaderman, and compressor operators, and the firemen in the mainte-
nance department.
4. All remaining employees of the Company, including inspectors,
janitors, maids, stockroom employees, outside truck drivers, overhead
crane operators, assembly men, and leadermen, but excluding general
office employees, factory clerical employees, the storekeeper in the
stockroom, guards, nurses, and professional and technical employees.
As indicated above, upon the results of the elections in said groups
will depend, in part, our determination of the appropriate unit or
units.
948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Air Products, Inc.,
Chattanooga, Tennessee, elections'by secret ballot shall be conducted as
early as possible, but not later than thirty (30) days from the date
of this Direction of Elections, under the direction and supervision of
the Regional Director for the Tenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the
employees who were employed by the Company during the pay-roll
period immediately preceding the date of this Direction of Elections,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing employees in the armed forces of the United States who present
themselves in person at the polls, but excluding any who have since
quit or been discharged for cause, and have not been rehired or rein-
stated prior to the date of the elections.4
1. The employees in the first voting group described in Section IV,
above, to determine whether they desire to be represented by Local
Union B-1396, International Brotherhood of Electrical Workers, or
by Lodge 56, International Association of Machinists, for the purposes
of collective bargaining, or by neither ;
2. All employees in the second voting group described in Section IV,
above, to determine whether they desire to be represented by United
Brotherhood of Carpenters & Joiners, Local No. 74, or by Lodge 56,
International Association of Machinists, for the purposes of collective
bargaining, or by neither;
3. All employees iii the third voting group described in Section IV,
above, to determine whether they desire to be represented by Local
Union No. 910, International Union of Operating Engineers, or by
Lodge 56, International Association of Machinists, for the purposes
of collective bargaining, or by neither;
4. All employees in the fourth voting group described in Section IV,
above, to determine whether or not they desire to be represented by
Lodge 56, International. Association of Machinists, for the purposes
of collective bargaining.
The several unions expressed their preference at the hearing that their respective names
appear on the ballot as set forth in the Direction of Elections