Aluminum Co. of America

National Labor Relations Board - Board Decisions

Apr 19, 1941

31 N.L.R.B. 90 (N.L.R.B. 1941)

In the Matter of ALUMINUM COMPANY OF AMERICA and INTERNA-
TIONAt UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, ALCOA
UNIT No. 808, C. I. O.
Case No. B-2443.-Decided April 19, 1941
Jurisdiction : aluminum products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
'l:usal to accord recognition to any organization until certified by the Board;
elections necessary.
Units Appropriate for Collective Bargaining : industrial or several craft units :
determining factor desires of employees ; determination of, dependent upon
elections.
Latham c Watkins, by Mr. Paul R. Watkins, of Los Angeles,
Calif., for the Company.
Gallagher, Wirin d Johnson, by Mr. Grover Johnson, of Los
Angeles, Calif., for the U. A. W.
Mr. 'William F. Jebe, of Los Angeles, Calif., for the Pattern
Makers.
Mr.' Robert Black and Mr. E. A. Bird, of Los Angeles, Calif., for
the Molders. -
Mr. J. G. Meiners of Euclid, Ohio, for the Die Sinkers.
Mr. James G. Russell, of Los Angeles, Calif., for the I. A. M.
Mr. Raymond J. Compton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On January 28, 1941, International Union, United Automobile
Workers of America, Alcoa Unit No. 808, C. I. 0., herein called the
U. A' W.,1 filed with the Regional Director for the Twenty-first
Region (Los Angeles, California) a petition, and on March 17,
1941, an amended petition, alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Aluminum Company of America, Los Angeles, California, herein
'At the hearing the petitions were amended correctly to designate the U. A. W. as set
- forth above.
31 N. L. R. B., No. 18.
90
ALUMINUM COMPANY OF AMERICA 91
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On March 24,
1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section
3, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. On March 24, 1941, the Regional Director
issued a notice of hearing, copies of which were duly served upon
the Company, upon the U. A. W., and upon Pattern Makers Asso-
ciation of Los Angeles and vicinity, herein called the Pattern Makers,
upon International Molders and Foundry Workers Union of North
America, Local 374, herein called the Molders, and upon Interna-
tional Die Sinkers Conference, Los Angeles Local 220, herein called
the Die Sinkers, labor organizations claiming to represent employees
directly affected by the investigation. -
Pursuant to notice, a hearing was held on April 1, 1941, at Los
Angeles, California, before William R. Walsh, the Trial Examiner
duly designated by the Chief Trial Examiner. During the hearing,
the I. A. M. moved to intervene in the proceeding and requested that
it be named on any ballot submitted to employees of the Company in
connection with this investigation. The Trial Examiner reserved
ruling on the motion for the Board. The motion is hereby granted.
The Company and the U. A. W. were represented by counsel and the
Pattern Makers, the Molders, the Die Sinkers, and the I. A. M. by
their representatives . All parties participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing, the Trial Examiner made rulings
on various motions and on objections to the admission of evidence."'
The Board has reviewed the rulings of the Trial Examiner and
finds that no prejudicial errors -were committed. The rulings are`
hereby- affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS or FACT
1. THE BUSINESS OF THE COMPANY
Aluminum Company of America, a Pennsylvania corporation, has
its principal office and place of business at Pittsburgh, Pennsylvania,
and is engaged in the mining,, reduction, refining, manufacturing,
and fabricating of aluminum . It owns and operates 13 plants
throughout the United States. The present proceeding involves
92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
only the plant of the Company at Los Angeles, California, which is
•engaged in the manufacture of aluminum and aluminum alloy cast-
ings, forgings, and fabricated products., Substantially all the metal
used in the manufacturing processes, consisting of aluminum, alumi-
num alloys, pig, ingot, rod and bar forms, is shipped from points
outside the State of California. A substantial' portion of the fin-
ished products are shipped to States other than California. The
Company employs approximately 1,600 production and maintenance
employees at its Los Angeles plant.
The Company admits that it is subject to the jurisdiction of the
Board.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile Workers of America,
Alcoa Unit-No. 808, is a labor organization affiliated with the Con-
gress of Industrial Organizations, admitting to its membership em-
ployees at the Los Angeles plant of the Company.
International Association of Machinists, Lodge No. 311, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to its membership employees at the Los Angeles plant of the
Company.
International Die Sinkers Conference, -Los Angeles Local 220 is
an unaffiliated labor organization, admitting to its membership em-
ployees at-the Los Angeles plant of the Company.
Pattern Makers Association of Los Angeles and Vicinity is a
labor organization affiliated with the American Federation of Labor,
admitting ,to its membership employees at the Los Angeles plant
of the Company.
International Molders and Foundry Workers Union of North
America, Local 374, is a labor organization affiliated with the Amer-
ican Federation of Labor, admitting to its membership employees
at the Los Angeles plant of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The U. A. W. commenced organizing the employees of the Com-
pany in the latter part of December 1940, and on or about March
15, 1941, requested that the Company recognize it as the exclusive
bargaining representative of its production and maintenance em-
ployees. The Company refused to accord such recognition, stating
that because of the various labor organizationsi having membership
among its employees it would not recognize any particular group
until certified by the Board.
At the hearing there was introduced in evidence a• statement by
the Regional Director showing that the U. A: W., the Pattern
ALUMINUM COMPANY OF AMERICA 93
Makers, the Die Sinkers, and the Molders, represent a' substantial
number of employees within the respective units each claims to be
appropriate.2 From a statement made by the Trial Examiner at
the hearing, following his examinatioli of membership application
cards and records submitted by the I. A. M., it appears that the
I. A. M. also represents a substantial number of employees within
the unit it contends is appropriate.3 -
We find that a question has arisen concerning the representation of
employees of the 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 Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The U. A. W. contends that all production and maintenance em-
ployees, including inspectors, shipping clerks, and timekeepel's, and
excluding office workers, guards, time-cost employees; temporary con-
struction workers, and supervisory employees having authority to
hire and discharge or to recommend hiring and discharge, such as
superintendents, foremen, and subforemen, constitute a unit appro-
z The statement showed that the U. A W. had submitted to the Regional Director 768
membership application cards , of which 83 were signed between January and December
1940, 345 in January, 186 in February , and 9 in March 1941 ; 145 were undated. All ap-
peared to bear genuine signatures Of the foregoing employees , 699 are listed on the Com-
pany's pay roll of March 8 , 1941 . At the hearing the U. A. W. submitted additional
membership cards in support of its claim that it now represents approximately 900 em-
ployees There are approximately f,400 employees in the unit claimed to be appropriate.
The Pattern Makers submitted an authorization petition signed by 40 employees, 36 of
whom are listed on the Company ' s pay roll of March 8 , 1941 All signatures appeared to
be genuine . There are approximately 45 employees in the unit claimed to be appropriate.
The Die Sinkers submitted an authorization petition signed by 101 employees , 96 of whom
are listed on the Company 's pay roll of March 8, 1941 . At the hearing the Die Sinkers
stated that the foregoing petition was erroneously signed by employees i n the forging plant
who had expressed a desire that the Die Sinkers represent them. Since the forging plant
employees are not eligible to its membership , however, the Die Sinkers makes no claim to
represent them. The Die Sinkers thereafter submitted a list of 28 employees in the die
sinking department who are members of that organization and who comprise the unit which
it claims to be appropriate . The Molders submitted an authorization petition signed by 17
employees , 16 of whom are listed on the pay roll of March 8, 1941. All signatures appeared
to be genuine At the hearing the Molders submitted additional membership cards in sup-
port of its claim that it now represents approximately 60 employees . There are over 500
employees in the unit which the Molders claims to be appropriate
' The I. A. M submitted to the Trial Examiner nine membership application cards signed
between January and March 1941 , and four names taken from its membership records as of
June 1940 . There are approximately 50 employees in the unit which the I. A. M. claims
to be appropriate.
94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
_priate for the purposes of collective bargaining. The Company and
the Molders likewise contend that an industrial unit is appropriate.
However, the Company would include subforemen, and the Molders
desire to include working subforemen and lead men and to exclude
pattern makers, die sinkers, and maintenance mechanics and machin-
ists. The Pattern Makers claims that all wood, metal, tamistone
plaster and tamistone pattern makers constitute a separate unit
appropriate for collective bargaining purposes. The Die Sinkers
contends that the die sinking employees should be considered a sepa-
rate bargaining unit. The I. A. M. maintains that all maintenance
'mechanics and" machinists, including journeyman machinists, en-
gaged in setting and repairing machines, motors, and appurtenances,
thereto, operating boring machines, engine lathes, turret lathes,
grinders, and welding in connection with machine work, constitute
an appropriate unit.
The die sinkers are a separate and highly skilled craft which
requires the serving of an 8 to 10 year apprenticeship. Evidence
was introduced showing that the die sinkers work solely on drop
forge dies and that they comprise a- department separate and apart
from the other, production divisions in the plant,4 The pattern
makers and the machinists, respectively, also form definite and rec-
ognized crafts, and like the die sinkers, constitute separate operat-
ing departments. On the other hand, evidence was introduced to
show the integrated character of the Company's operations and the
appropriateness of an industrial unit including 'the die sinkers, the
pattern makers, and the machinists. Under these circumstances -we
are of the opinion that the pattern makers, the die sinkers, and the
machinists, respectively, might properly constitute separate bargain-
ing units, or they might function as part of a single industrial unit.
In this situation' we find that the determining factor should be the
desires of the employees in these groups themselves.5
There remains for determination the conflict between the U. A. W.
and the Molders with respect to the inclusion of subforemen. As
stated above, the Molders would include working subforemen,
whereas the U.-A. W. would exclude them. While it appears that
subforemen use the tools of their trade when training new employees,
they do so only to a limited extent. Moreover, they ^ have authority
4 While the Company has not accorded the Die Sinkers formal recognition as the collec-
tive bargaining representative of the employees in the die sinking department, the superin-
tendent of the forge plant and the die sinking department has met with the shop committee
of the Die Sinkers on numerous occasions for the purpose of discussing grievances , wages,
hours , and other working conditions . It appears that as a result of these discussions the
employees in the die sinking department obtained certain wage increases together with
other beneficial changes in the conditions of their employment.
5 Matter of Globe Machine and Stamping Co. and Metal Polishers Union Local No. 3;
International Association of Machinists , District No 54; Federal Labor Union 18788, and
United Automobile Workers of America, 3 N. L. R. B 294 , and subsequent cases.
ALUMINUM COMPANY OF AMERICA 95
to make recommendations to their foremen with respect to the dis-
charge of employees under their supervision. In view of the fore-
going, we shall exclude subforemen from the bargaining unit.6
The Molders also would include working lead men. The U. A. W.
stated that it desired the inclusion of one unidentified lead man in
the trim department, but did not make its position clear with respect
to lead men generally. Since there is no showing that lead men
have authority to recommend hiring or-discharge or perform the
same duties as subforemen, we shall include them within the unit.
We shall, therefore, order elections among the employees of the
Company at its Los Angeles plant within the groups described below
(a) All wood, metal, tamistone plaster and tamistone pattern
makers, to determine whether they desire to be represented by the
Pattern Makers or the U. A. W. for the purposes of collective bar-
gaining, or by neither. ,
(b) All die sinkers and apprentices to determine whether they
desire to be represented by the Die Sinkers or the U. A. W. for the
purposes of collective bargaining, or by neither.
(c) All maintenance mechanics and machinists, including journey-
man machinists, engaged in setting and repairing machines, motors,
and appurtenances thereto, operating boring machines, engine lathes,
turret lathes, grinders, and welding in connection with machine work,
to determine whether they desire to be represented by the I. A. M. or
the U. A. W. for the purposes of collective bargaining, or by neither.
(d) All the remaining production and maintenance employees, in-
cluding inspectors, shipping clerks, timekeepers, and lead men, but
excluding office workers, guards, time-cost employees, temporary con-
struction workers, and supervisory employees having authority to hire
and discharge or to recommend hiring and discharge, such as super-
intendents, foremen, and subforemen, to determine whether they desire
to be represented by the U.-A. W. or the Molders for the purposes of
collective bargaining, or by neither.
As stated above, there will be no final determination of the appro-
priate unit or units pending the results of the elections. Such of
the groups as do not choose the U. A. W. will constitute separate and
distinct appropriate units, and such as do choose the U. A. W. will
together constitute a single appropriate unit.
VI. THE DETERMINATION OF REPRESENTATIVES
The U. A. W. requested that the pay roll for the period 30 days
prior to the date of the election be used to determine eligibility to
,vote. We do not believe that the positon taken by the U. A. W. should
6 See Matte) of Todd-Johnson Dry Docks, Inc. and Industrial Union of Marine and Ship-
building 117wkers of Arnc,ica, Local No 29, 18 N L R B 973, and subsequent cases.
96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cause us to depart from our usual practice of using a. current pay-roll
date. Accordingly, we shall direct that the employees of the Com-
pany eligible to vote in the elections shall be those within the alleged
appropriate units who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Elections herein,
subject to such 'limitations and additions as are set forth in' the
Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSION OF LAW
A question affecting commerce has arisen concerning the repre-
sentation of employees of Aluminum Company of America, Los
Angeles, California, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III,.Section 8, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DIRECID that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Aluminum Company of America, Los Angeles, California, elec-
tions by secret ballot shall be conducted as early as possible but not
later than thirty '(30) days from the date of this Direction, under the
direction and supervision of the Regional Director for the Twenty-
first Region, acting in this matter as agent for the National Labor
Relations Board and subject to Article III, Section 9, of said-Rules and
Regulations, among those employees who fall within the groups indi-
cated belo«„ who were eniployed'by the Company at its Los Angeles
plant during the pay-roll period immediately preceding the date of
this Direction of Elections, including employees who did not work
during such pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tem-
porarily laid off, and excluding employees who have since quit or
been discharged for cause :
(a) All wood, metal, tamistone plaster and tamistone pattern
makers, to determine whether they desire to be represented by Pattern
Makers Association of Los Angeles and Vicinity or by International
Union, United Automobile Workers of America, Alcoa Unit No. 808,
C. I. O., for the purposes of collective bargaining, or by neither;
ALUMINUM COMPANY OF AMERICA 97
(b) All die sinkers and apprentices to determine whether they de-
sire to be represented by International Die Sinkers Conference, Los
Angeles Local 220, or by International Union, United Automobile
Workers of America, Alcoa Unit No. 808, C. I. 0., for the purposes
of collective bargaining, or by neither ;
(c) All maintenance mechanics and machinists, including journey-
man machinists, engaged in setting and repairing machines, motors,
and appurtenances thereto, operating boring machines, engine lathes,
turret lathes, grinders, and welding in connection with machine work,
to determine whether they desire to be represented by International
Association of Machinists, Lodge No. 311, or by International Union,
United Automobile Workers of America, Alcoa Unit No. 808, C. I. 0.,
for the purposes of collective bargaining, or by neither;
(d) All the remaining production and maintenance employees, in-
cluding inspectors, shipping clerks, timekeepers, and lead men, and
excluding office workers, guards, time ,cost employees, temporary con-
struction workers, and supervisory employees having authority to hire
and discharge or to recommend hiring and discharge, such as super-
intendents, foremen, and subforemen, to determine whether they desire
to be represented by International Union, United Automobile Work-
ers of America, Alcoa Unit No. 808, C. I. 0., or by International
Molders and Foundry Workers Union of North America, Local 374,
for the purposes of collective bargaining, or by neither.
MR. EDWIN S. SMITH, concurring in part and dissenting in part:
Since there is a substantial history of'collective bargaining between
the Die Sinkers and the Company on behalf of the employees in the
die sinking department, I.agree that these employees should be af-
forded an opportunity to express themselves on the question of
whether they will constitute a separate unit or be included within the
broader industrial unit. I see no justification, however, for granting
employees in the units urged by the Pattern Makers and the I. A. M.
the privilege of splitting themselves off from the industrial unit.
There is a complete absence of any bargaining history between the
Pattern Makers or the I. A. M. and the Company on behalf of,these
employees. Moreover, I think the reasons expressed in my dissenting
opinions in the Allis-Chalmers 7 and subsequent cases are here
applicable. _
Since I would not consider the unit claims of the Molders, I would
include subforemen in the industrial unit at the request of the U. A. W.
7 Hatter of Allis-Chalmers Manufacturing Company and International Union, United
Automobile Workers of Amettca, Local 248, 4 N L R. B. 159, 175.
98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
[SAME TITLE]
AMENDMENT TO DIRECTION OF ELECTIONS
April 28, 1941 '
On April 19, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in
the above-entitled proceeding. Thereafter International Union,
United Automobile Workers of America, Alcoa Unit No. 808, C. I. 0.,
advised the Regional Director that it desired to have its name with-
drawn from the ballot in the election to be conducted among the
die sinkers and apprentices. The Board hereby amends its Direc-
tion of Elections issued on April 19, 1941, by striking from' Section
(b) thereof the words "or by International Union, United Automo-
bile Workers of America, Alcoa Unit No. 808, C. I. 0." and the
words "or by neither," and by inserting after the word "whether"
in Section (b) the words "or noL."
31 N. L. R . B., No. 18a.