Aluminum Co. of America

National Labor Relations Board - Board Decisions

Apr 6, 1938

6 N.L.R.B. 444 (N.L.R.B. 1938)

In the Matter of ALUMINUM COMPANY OF AMERICA AND ITS WHOLLY
OWNED SUBSIDIARIES, THE ALUMINUM COOKING UTENSIL COMPANY
AND THE ALUMINUM SEAL COMPANY and INTERNATIONAL UNION
ALUMINUM WORKERS OF AMERICA
In 'the Matter of ALUMINUM COMPANY OF AMERICA and INTERNA-
TIONAL UNION ALUMINUM WORKERS OF AMERICA
Cases Nos. R-617 and R-618-Decided April 6, 1938
Aluminum Mining and Manufacturing Industry-Investigation of Representa-
tives: controversy concerning representation of employees: employer desires
certification by Board of bargaining representative before entering into any
negotiations-Unit Appropriate for Collective Bargaining: production and main-
tenance employees of five plants, excluding supervisors and clerks ; no contro-
versy as to-Representatives: waiver by all parties of opportunity to compare
union membership cards and company pay roll at hearing- Certification of
Representatives: upon tacit agreement by all parties of majority representation.
Mr. Robert Kleeb, for the Board.
Smith, Buchanan d Ingersoll, by Mr.. W. K. Kyle, Jr. of Pitts-
burgh, Pa., for the Company.
Mr. J. Alfred Wilner, of Pittsburgh, Pa., for the Union.
Mr. Richard Meigs, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On December 30, 1937, International Union Aluminum Workers of
America, herein called the Union, filed with the Regional Director
for the Sixth Region (Pittsburgh, Pennsylvania) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees in all plants of Aluminum Company of Amer-
ica and its subsidiaries. Permission to withdraw this petition was
requested on January 22, 1938, and was subsequently granted by the
Board. On January 25, 1938, the Union filed with the Regional
Director for the Sixth Region (Pittsburgh, Pennsylvania) two peti-
tions, one alleging that a question affecting commerce had arisen con-
444
DECISIONS AND ORDERS 445
cerning the representation of employees of the Aluminum Company
at its plant in Logans Ferry, Pennsylvania, and the other alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of the Aluminum Company at its plants in
New Kensington, Pennsylvania, and Arnold, Pennsylvania, and em-
ployees of the Aluminum Company's two wholly owned subsidiaries,
Aluminum Cooking Utensil Company, New,Kensington, Pennsyl-
vania, herein called the Utensil Company, and Aluminum Seal Com-
pany, Arnold, Pennsylvania, herein called the Seal Company. Each
petition requested an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act., On February 19, 1938, the Na-
tional Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act and Article II, Section 3, of Na-
tional Labor Relations Board Rules and Regulations-Series -1, as
amended, ordered investigations and authorized 'the Regional Direc-
tor to conduct them and to provide for appropriate hearings upon due
notice. On February 23, 1938, the Board, acting pursuant to Article
III, Section 10 (c) (2), of National Labor Relations Board Rules and
Regulations-Series 1, as amended, ordered a consolidation of the
two cases for the purpose of hearing.
On February 25, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Aluminum Com-
pany, upon the Union, a labor organization claiming to represent
employees directly affected by the investigation, and upon the Amer-
ican Federation of Labor, herein called the A. F. L. Pursuant to the
notice, a hearing was held on March 7, 1938, at Pittsburgh, Pennsyl-
vania, before John T. Lindsay, the Trial Examiner duly designated
by the Board. The Board, the Aluminum Company, and the Union
were represented by counsel and participated in the hearing. The
A. F. L. did not appear or participate in the hearing. Full oppor-
tunity to be heard, to examine and to cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
At the beginning of the hearing, counsel for the Union requested
that the two petitions filed by the Union be consolidated and amended
so as to allege that all the production and maintenance employees
of the Aluminum Company at its Arnold, New Kensington, and
Logans Ferry plants, all such employees of the Utensil Company, and
all such employees of the Seal Company constitute a single appro-
priate bargaining unit. No objection was raised to the request, and
it was granted by the Trial Examiner. During the course- of the
hearing the Trial Examiner made several rulings on motions. The
Board has reviewed the rulings of the. Trial Examiner and finds
that no prejudicial errors were committed. The rulings are h ereb y
affirmed. -
446 NATIONAL LABOR RELATIONS BOARD
Upon the entire record of the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Aluminum Company of America, a Pennsylvania corporation, is
engaged, together with approximately 17 subsidiaries, in the mining,
reduction, refining, manufacturing, and fabricating of aluminum. It
owns and operates 13 plants throughout the United States. The pres-
ent proceeding involves only the plants of the Aluminum Company
located at New Kensington, Arnold, and Logans Ferry, in Pennsyl-
vania, the plant of the Seal Company at Arnold, Pennsylvania, and
the plant of the Utensil Company at New Kensington, Pennsylvania.
The principal raw material used at the Arnold, New Kensington,
and Logans Ferry plants of the Aluminum Company is aluminum
pig, substantially all of which is obtained from plants of the Com-
pany located. outside the State of Pennsylvania. The three plants
also use mill supplies, steel, copper, and various other materials, of
which approximately 38 per cent are obtained outside Pennsylvania.,
The principal products manufactured at the Arnold and New Ken-
sington plants are sheet, plate, foil tubing, and ingot, approximately
60 per cent of such products being shipped outside Pennsylvania.
The principal products of the Logans Ferry plant are aluminum
powder and paste, of which over 80 per cent are shipped outside
Pennsylvania.
The Utensil Company uses at its New Kensington plant principally
semi-fabricated aluminum, substantially all of which is obtained from
the Aluminum Company's New Kensington and Arnold plants, but
it also uses cartons, buffs, cleaner, and other materials, of which
approximately 60 per cent are obtained outside Pennsylvania. It
manufactures cooking utensils and miscellaneous products, of which
90 per cent are shipped outside Pennsylvania.
The Seal Company uses at its Arnold plant principally aluminum
sheet, most of which is obtained from the Aluminum Company's
Arnold and New Kensington plants, but it also uses some other raw
materials, approximately 65 per cent of which are obtained outside
Pennsylvania. It ships approximately 85 per cent of its finished
products outside Pennsylvania.
H. THE ORGANIZATIONS INVOLVED
On June 15, 1937, International Union Aluminum Workers of
America, affiliated with the Committee for Industrial Organization,
granted charters to Local No. 2, which admits to its membership all
1 The percentage figures used throughout this section are based upon value.
DECISIONS AND ORDERS, 447
production and maintenance employees, exclusive of supervisory and
office employees, of the Aluminum Company, the Utensil Company,
and the Seal Company at their Arnold and New Kensington plants,
and to Local No. 8, which admits to its membership all such employees
at the Aluminum Company's Logans Ferry plant. Prior to June •15,
1937, the employees at the aforesaid plants were members of local
unions affiliated with the American Federation of Labor.
III. THE QUESTION CONCERNING REPRESENTATION
On December-2, 1936, the Aluminum Company entered into an
agreement with various Aluminum Workers' organizations affiliated
with the American Federation of Labor, acting jointly, in cooperation
with the National Council of Aluminum Workers and Local Unions
of the International Association of Machinists. The agreeient cov-
ered six plants of the Aluminum Company, including the Logans
Ferry and New Kensington plants, and by its terms was to remain in
effect "until November 1, 1937, and thereafter until modified after at
least thirty (30) days notice."
On September 30, 1937, the Union advised the Aluminum Company
that the employees covered by the agreement of December 2 had
transferred their affiliation from the A. F. L. to the Union and that
a proposed revised agreement would be presented by the Union to
the Aluminum Company. On December 30, 1937, the Union sent to
the vice president of the Aluminum Company a letter stating that the
Union represented a majority of the production employees at all the
plants of the Aluminum Company and its subsidiaries and enclosing
a proposed revised agreement covering all such employees. The Com-
pany, by a letter dated January 7, 1938, replied that it could not
negotiate any agreement until after certification by the Board of
bargaining representatives, but that after such certification it would
be willing to enter into negotiations with the Union.
At the hearing, the Union claimed to represent a majority of the
employees within the unit it alleged to be appropriate.
We find that a question has arisen concerning the representation of
employees of the Aluminum Company, the Seal Company, and the
Utensil Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Aluminum
Company and its subsidiaries described in Section I above, has a
close, intimate, and substantial relation to trade, traffic, and commerce
44S NATIONAL LABOR RELATIONS BOARD
among the several States, and tends to lead to labor disputes burden-
ing and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union alleged in its petitions ' as amended at the hearing that
all the production and maintenance employees , excluding super-
visory and office employees , of the Aluminum Company at its New
Kensington , Arnold, and Logans Ferry plants , of the Seal Company
at its Arnold plant , and of the Utensil Company at its New Ken-
sington plant constitute a single appropriate bargaining unit. The
Union stated that timekeepers and clerical employees whose duties
were- confined wholly to a factory were deemed to be included in
the unit which it claimed to be appropriate . No objection to the
requested unit was made by any party at the hearing.
The evidence shows that all employees at the plants here involved
are hired through one central employment office; that all the plants,
except the Logans Ferry plant , adjoin one another; that the Logans
Ferry plant is only 1 mile away from the other plants mentioned
above ; that employees are at times transferred among the various
plants; that there is one general superintendent over all the plants;
and that one vice president has final responsibility with respect to
the handling of grievances at all of said plants.
We find that the production and maintenance employees of the
Aluminum Company at its Arnold , New Kensington , and Logans
Ferry plants , of the Utensil Company at New Kensington , and of the
Seal Company at Arnold, exclusive of supervisory and clerical em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining , and that said unit will insure to the employees of the
Aluminum Company, the Utensil Company, and the Seal Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The general superintendent of the Aluminum Company testified
that 4,473 employees within the unit we have found to be appro-
priate were on the pay rolls of the 5 plants here involved during the
pay-roll period ending January 29, 1937. He also testified that the
names - of many employees who had been laid off were not included
on the pay rolls.
The president of Local No..2 testified that 5,920 employees within
the unit we have found appropriate had signed applications for
membership in No. 2, designating the Union as their bargaining
representative . The financial secretary of Local No . 8 testified that
139 employees within the unit which we have found appropriate had
DECISIONS AND ORDERS 449
signed membership cards of No. 8 which designated the Union as
their bargaining representative. The. membership cards of the two
locals included the names of some employees who had been laid off.
The pay rolls and the membership cards were not introduced in
evidence, but were available for inspection at the hearing. The
Trial Examiner stated that adequate opportunity. would be given
the parties to inspect the pay roll and the membership cards. The
parties, however, stated that they would waive such inspection.
The Aluminum Company and its subsidiaries did not contest the
claim of the Union that it had been designated as bargaining repre-
sentative by all, or practically all, the employees of the five plants
within the appropriate unit.
We find that the Union has been designated and selected by a
majority of the employees in the appropriate unit as their repre-
sentative for the purposes of collective bargaining. It is, therefore,
the exclusive representative of all the employees in such unit for
the purpose of collective bargaining, and we will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAw
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of the Aluminum Company of America
and its two wholly ,owned subsidiaries, Aluminum Cooking Utensil
Company and Aluminum Seal Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations
Act.
2. The production and maintenance employees of the Aluminum
Company at its Arnold, New Kensington, and Logans Ferry plants,
of the Utensil Company at New Kensington, and of the Seal Com-
pany at Arnold, exclusive of supervisory and clerical employees, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. International Union Aluminum Workers of America is the ex-
clusive representative of all the employees in such unit for the
purposes of collective bargaining, within the meaning of Section
9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
450 NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY CERTIFIED that International Union Aluminum Work-
ers of America has been designated and selected by a majority of the
production and maintenance employees of the plants of the Alumi-
num Company of America located at New Kensington, Arnold, and
Logans Ferry, in Pennsylvania, and of its subsidiaries, the Aluminum
Seal Company, Arnold, Pennsylvania, and the Aluminum Cooking
Utensil Company, New Kensington, Pennsylvania, excluding super-
visory and office employees, as their representative for the purposes
of collective bargaining, and that, pursuant to the provisions of Sec-
tion 9 (a) of the Act, International Union Aluminum Workers of
America is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.