Aluminum Co. of America

National Labor Relations Board - Board Decisions

Oct 13, 1942

44 N.L.R.B. 1111 (N.L.R.B. 1942)

In the Matter of ALUMINUM COMPANY OF AMERICA and INTERNATIONAL
UNION, ALUMINUM WORKERS OF AMERICA, AFFILIATED ' WITH- THE
CONGRESS OF INDUSTRIAL ORGANIZATIONS
In, the Matter Of. ALUMINUM COMPANY OF AMERICA and ALUMINUM
TRADES COUNCIL, AFFILIATED WITH THE • AMERICAN FEDERATION OF
LABOR - -
Case Nos. R-4190, R-4191, and R-4192, respecti2vely. Decided
October 13, 1942
Jurisdiction : aluminum manufacturing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives; contract held no bar . where it had,been
opened for negotiations prior to automatic renewal date and where notice of
rival claim of representation had been given prior to that date; election
necessary.
Unit=Appro riate" for 'Collective--Bargaining : all production --workers, mainte-
nance employees , and equipment mechanics at one of Company 's plants , exclud-
ing building construction workers , supervisory , technical , laboratory , office,
clerical , police, fire protection, . and janitor and custodial employees, and
watchmen.
Practice and Procedure : petition dismissed as to plant where showing by peti-
tioning union and intervening unions was insufficient to raise question con-
cerning representation.
Mr. Vern-Countryman, for the Board.
Mr. Joseph E. Hall, of Vancouver, Wash., and Hart, Spencer, Mc-
Culloch d Rockwood, by Mr. David L. Davies, of Portland, Oreg., for
the Company.
Mr. Harry George and Mr. Al Hartung, of Portland, Oreg., and
Mr. John Glenn, of Vancouver, Wash., for the Aluminum Workers.
Mr. Edwin D. Hicks, of Portland,,Oreg.,-for the Trades - Council:
Mr. Louis A. Pontello, Jr., of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER,
STATEMENT OF THE CASE
Upon two petitions duly filed by International Union, Aluminum
Workers of America, afllliated with the Congress of Industrial Organ-
izations , herein called the Aluminum Workers, and a petition filed by
44 N. L. R. B., No. 216.
1111
1112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Aluminum Trades Council,' affiliated with the American Federation of
Labor, herein called the Trades Council, each alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of the Aluminum Company of America, herein called .the com-
pany, the National Labor Relations Board ordered that the cases be
consolidated and provided for an appropriate hearing upon due notice.-
before
,
Walter Wilbur, Trial Examiner. Said hearing was held at
Portland, Oregon, on August 14, 15, and 17, 1942: The Company, the
Aluminum Workers, and the Trades Council appeared, participated,
and were afforded full opportunity to be heard, to examine and cross;
examine witnesses, and to introduce evidence on the issues., ' During
the course of the hearing, the Trial Examiner granted motions of the
Aluminum Workers to amend its petitions in order to set forth cor-
rectly its name and in order to set forth correctly the desired units.
The Trial Examiner's rulings made at the hearing are free from prej-
udicial error and are hereby affirmed. The unions involved filed briefs
which the Board has considered.
Upon the-entire record in the case, the Board makes. the following.:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Aluminum Company of America is a Pennsylvania corporation
engaged in the,mining, reduction, refining, manufacturing, and fabri-
cating of aluminum. It owns and/or operates plants throughout the
United States. The present proceeding involves a plant owned and
operated by the Company at Vancouver, Washington, and a plant
located at Troutdale, Oregon, which is-owned by the Defense Plants
Corporation but is leased to and operated by the Company. The Van-
couver plant is engaged in the manufacture of pig aluminum: Sub-
stantially all the raw materials used, consisting of aluminum oxide,
carbon electrodes, petroleum, coke, pitch, and cryolite, are shipped to
the plant from outside the State of Washington. All of the pig alumi-
num manufactured,by the plant is shipped to points outside the State
of Washington. The Company employs approximately 600 production
and maintenance employees at its Vancouver plant.
The Troutdale plant is engaged in the manufacturing of pig alumi-
num by the reduction of alumina. The principal raw materials used
by this plant are alumina and carbon which are shipped in from points
outside the State of Oregon. All of the finished product of this plant
It was the stated intention of the Aluminum Trades Council of Vancouver, Washington,
and the Aluminum Trades Council of Oregon, who jointly filed- the petition for investiga-
tion and certification of representatives in Case No. R-4192 to be styled in the proceeding
as the "Aluminum Trades Council "
;._ALUMINUM COMPANY; OF AMERICA 1113
is shipped to the various plants of the Company outside the State of
Oregon. There were approximately 320 production and maintenance
men employed at the Troutdale plant at the time of this hearing.
The Company admits that at both plants it is engaged in commerce
within the meaning of the National Labor,Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Union, Aluminum, Workers of America, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Aluminum Trades Council of Vancouver, Washington, and of Trout-
dale, Oregon, are labor organizations affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENT' TTON
A. Vancouver plant
In December 1941, the Aluminum Trades Council of Vancouver,
Washington, entered into a contract with the Company after it had
been designated by a majority of the employees of the Vancouver
plant as their collective bargaining agent. This contract was to be
effective from December 3, 1941, until June 1, 1942, and from year to'
year thereafter unless 60 days' written notice prior to the expiration
date be given by either party. In March 1942, the Vancouver Trades
Council notified the Company of its desire to change some of the terms
of the agreement. The Company and the Vancouver Trades Council
entered into negotiations, but no agreement has been reached. The
Company does not take a position as to whether the contract is still
in effect, but the Vancouver Trades Council contends that it is. On
April 1, 1942, the Aluminum Workers notified the Company that it
represented a majority of the employees of the Company and that it
did not want the Company to renew its contract with the Vancouver
Trades Council or to enter into a new contract with any other organi-
zation. Inasmuch as the Aluminum Workers notified the Company of
its claim of majority prior to the date the contract would automati-
cally renew itself and inasmuch as the Vancouver Trades Council
notified the Company of its desire to change the terms of the con-
tract, we find that the contract between the Company and the Van-
couver Trades Council does not constitute a bar to a present investiga-
tion and determination of representatives.'
2 Matter of Mitchell Battery Company and United Electrical, Radtio and Machine Work.
ers of America, Local 1140, 35 N. L. R. B. 198; Matter of Tennessee Electric Powee1
Company and International Brotherhood of Electrical Workers, 7 N. L. R B 24.
1114 , DECISIONS -OF-NATIONAL LABOR ,;RELATIONS „ rBOARD ,
^A_statement by. an attorney for the Board introduced into evidence
indicates,that the Aluminum Trades Council of Vancouver, Wash-
ington, represents a substantial number of the Company's Vancouver
employees in the unit hereinafter found to be appropriate.'
- 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.
B. Troutdale plant
The Aluminum, Workers notified the Company by letter, dated May
5, 1942, that it represented a sufficient number of employees at the
Troutdale plant to bargain for them, and it requested the Company
to enter into negotiations with it for a contract. The Company re--
fuse , d to bargain with the Aluminum Workers until it had established
its claim through the Board. A statement of an attorney for the
Board indicates that the Aluminum Workers represents approximately,
17.02 percent of the Company's Troutdale employees, while the show-
ing of -the Aluminum' Trades Council of Oregon for that plant was
not over 13 percent.4 We are of the opinion that neither the Alu-
minum Workers nor the Aluminum Trades Council of Oregon has
made a sufficient showing of present representation of employees at
the Troutdale plant to raise a question concerning the separate repre-
sentation of those employees.
We accordingly find that no question concerning,the representation
of employees of the Company at its Troutdale plant has arisen.
IV. THE APPROPRIATE UNIT
The parties stipulate and agree and we And that the appropriate
unit, insofar as functional classifications of the employees is concerned,
shall be composed of all production and maintenance employees, and
equipment-mechanics, excluding building construction workers; sttpei'=
visory, technical, laboratory, office, clerical, police, fire protection, jani-
tor and custodial employees, and %vatchmen.5
The Board 's attorney repotted that the Trades Council had presented prima facie
evidence that 200 persons whose names appeared on the Company 's pay roll of August 8,
1942 , containing 576 names within the alleged unit , had designated that organization.
The report further indicated that the Aluminum workers had presented prima facie evi-
dence that 33 persons whose names appeared on that pay roll had designated it
4 The attorney for the Board reported that Aluminum workers had presented prima facie
evidence that 54 persons whose names appeared on the Company's pay roll of August S,
1942,' containing 313 names within the alleged unit , had designated that organization as
their representative; that the Oregon Trades Council had presented prinia facie evidence
that 32 persons whose names appeared on that pay roll had designated it
It was stipulated by the parties that the functional classifications in the unit are the
same as set out in the written agreement between the Company and the Aluminum Trades
Council of Vancouver It was further stipulated that all classifications shown on the
pay-roll listing of the Vancouver plant for the week ending August S. 1042 , under the
,ALUMINUM_ COMPANY . OF -AMERICA : 2 - - - - 1115
The parties are not in agreement as to whether the appropriate
unit,consists of the Vancouver employees alone or of the employees
in both plants. The Company and the Aluminum Workers desire
separate units for the above-nleutioiied employees at the Vancouver
and Troutdale plants. The Trades Council contends that such em-
ployees at the;two plants.constit-ute a.single appropriate unit.
The two plants are located in adjacent States, approximately 25
miles apart. Although they are operated by the same Company and
have a similarity of operations and employees, the record indicates that
each plant is set up as a separate and distinct business organization
under a separate management. Thus, each plant has its own seniority
system, its own transportation systems and housing projects, and its own
medical organizations. As the two plants are located in separate States,
their employees are drawn from different communities and are subject
to different State regulatory laws. Under all these circumstances we
are of the opinion, and find, that the Vancouver plant, alone, consti-
tutes an appropriate unit. Having found that no question has arisen
concerning the separate representation of employees of the Troutdale
plant we make no unit finding as to employees of that plant.
We find that all production workers, maintenance employees, and
equipment mechanics of the Company at its Vancouver plant, exclud-
ing building construction workers, supervisory, technical, laboratory,
office, clerical, police, fire protection, and janitor and custodial em-
ployees, and watchmelf, constitute, a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
Act.
V. THE DETERMINATION OF REPRESENTATI%ES'
We shall direct that the question concerning the representation of
the Company's Vancouver employees which has arisen be resoh ed by
an election by secret ballot. among the employees in the appropriate
unit who were employed during the pay-roll period immediately pre-
ceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
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 111, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
pay-roll heading of (1) watchmen and guards and janitois , and (2 ) all classifications
listed on that pay ioll under weekly paid employees should be excluded from the unit,
and that all other classifications on said pay roll would constitute the employees com-
prising the unit We find in accordance with the stipulations of the parties. c
1116 ,x; DECISIONS,'.=OFFNATIONAL^LABOR' RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Aluminum Com-
pany of America, Vancouver, Washington, an election 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 super-
vision of the Regional Director for the Nineteenth 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
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction of Election, 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 temporarily laid off, but excluding employees who have
since quit or been discharged for cause, to determine whether they
desire to be represented by International U lion, Aluminum Workers
of America, affiliated with the Congress of Industrial Organizations,
or by Aluminum Trades Council of Vancouver, Washington, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining, or by neither.
ORDER
Upon 'the basis of the foregoing findings of fact, the National
Labor Relations Board hereby orders that the'petition for investiga-
tion and certification of representatives of employees of the Com-
pany's Troutdale, Oregon, plant, filed by the International Union,
Aluminum Workers of America, C. I. O.; be, and it hereby is, dis-
missed.
.- MR. WM. M: LEIS] nsoN took-no part in the- consideration of the above
Decision, Direction of Election and Order.