Aluminum Co. of America

National Labor Relations Board - Board Decisions

May 31, 1943

49 N.L.R.B. 1431 (N.L.R.B. 1943)

In the Matter of ALUMINUM COMPANY OF AMERICA, MEAD ALUMINUM
PLANT and LOCAL 29, ALUMINUM WORKERS OF AaMERTCA, C. I. O.
Case No. RLJ206.-Decided May 31,1943
Messrs. E. G. Schoeffel and A. A. Morrison, of Spokane, Wash., for
the Company.
Mr. James Dickerson, of Spokane, Wash., for'the C. I. O.
Mr. Ray R. Atkinson, of Spokane, Wash., for the A. F. of L.
Mr: Wallace E. Royster, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 29, Aluminum' Workers. of
America, C. I. 0., herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Aluminum Company of America, Spokane, Washington,
herein called the Company, the National Labor Relations Board pro-
vided for' an' appropriate hearing upon due notice before John E.
Hedrick, Trial Examiner. Said hearing was held at Spokane, Wash-
ington, on April 21, 1943. The' Company, the C. I. 0., and Spokane
Aluminum Trades Council, A. F. L., herein called the A. F. of L.,
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine' witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby, affirmed.
All the parties have filed briefs which the Board has considered.
Upon all the evidence in the case, the Board makes the following :
4 FINDINGS OF, FACT
I. TIIE BUSINESS OF' THE COMPANY
Aluminum Company of America is a corporation engaged in the,'
production-of aluminum. We are here concerned with the employees
49 N. L R B, No. 201. '
1431
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1432 DEIC'ISrO\ S OF 'NATIONAL LABOR RELATIONS BIOIARD
of the Company at Mead Aluminum Plant near Spokane, Washing-
ton. This plant is owned by Defense Plant Corporation, an agency
of the Federal Government, but is operated by the Company. The
principal raw materials used at the Mead plant are alumina , carbon,
and electrical energy. More than half of the alumina so used is
received at the plant from points outside Washington and varying
percentages of the aluminum produced is shipped from the plant to
points outside Washington. The Company does not contest the juris-
diction of the Board and we find that the Company is engaged in
commerce within the meaning of the, National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
Local 29, Aluminum Workers of America, affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
Spokane Aluminum Trades Council, A. F. L., is a labor organiza-
tion affiliated with the American Federation of Labor, and is com-
-posed of representatives'of 10 labor organizations' also affiliated with
the American Federation of Labor. It admits to membership em-
ployees of the Company. It was stipulated at the hearing that the
Trades Council is a labor organization within the meaning of the
Act.
III. THE QUESTION CONCERNING REPRESENTATION',
Mead Aluminum Plant was completed in May, 1942, and shortly
thereafter started production. On July 9, 1942, the A. F. of L., the
C. I. 0., and the Company entered into a consent election agreement
to determine the bargaining representative of the Company's em-
ployees. This agreement described the appropriate unit and recited
under Article XI, the following special provision-:
That the National Labor Relations Board ' niay entertain a
new petition for an investigation and certification of represent-
atives at any time following issuance of the Election Report
of the Regional Director or the report on run-off election, pro-
vided the Board or the Regional Director 'is satisfied under the
circumstances, then shown (including proof that there has been'
a substantial increase in the number of employees at the plant
of the Company near Mead, Washington, and that the petitioner
represents a substantial number of 'employees ), that a question
concerning representation affecting commerce has arisen.
Subsequent to this agreement , on' August 13, 1942, ah election was
held under the direction and supervision of the Regional Director
which resulted in a choice of the A. F. of L. by a majority of the
ALUMINUM COMPANY OF AMERICA 1433
employees. OIi_November 24, 1942, the, A. F. of L. and the Company
entered into a collective bargaining contract covering the employees
at the 112'ad plant, to be effective for' a term of 18 months, and there-
after until modified after at least 30 days' notice in writing. The
A. F. of L. relies upon the contract as a bar fo•this proceeding.
We do not encourage the filing of a petition for investigation of
representatives when the employees 'in' the claimed unit are covered
by a valid collective bargaining contract which has a substantial
period to run. HoRever, Article XIof the consent election agree-
ment, set forth above, clearly reserves to the Board the right to
permit the present proceeding in the event certain conditions exist.
In August 1942,' at the time of the consent election, the Company
had 347 persons in its' eliijiloy. At the time of the hearing this number
had increased to'510 and we note that the Company proposes to hire'
new employees at the rate of 130 each month. Even if this objective
is being attained at a slower rate than desired, it is probable that
the employees within the unit now will exceed 600. It was testified
at the hearing that the Company expects to have 900 employees by
the end of 19,43 and'that under present plans, this number is the
maximum to be employed. Clearly there has been 'a substantial in-
crease in employment since the consent election. In the light of
the consent election agreement and the substantial increase in em'
ploynient, we find the contract not to be a bar to a . present
investigation of representatives.
The Company and the A. F. of L. object to an election, at this time
for the reason that a substantial, number of persons are still to be
employed and that the prospective employees should not be denied
the opportunity to - make their own choice of representatives. This
contention would deserve greater consideration if the date when full
employment will be attained was imminent and certain. The Com-
pany asserts that the rate of expansion is necessarily dependent upon
the availability of workers and is not certain that all needed em-
ployees can be secured for several months. Since those now employed
appear to be representative in skills and duties and since it is prob-
able that less-than one-third of the eventual total of employees
remains to be hired, we are of the opinion that an election at this
time will reflect', the wishes of the employees accurately and
conclusively.
A statement of the Field Examiner, introduced into evidence at
the hearing, indicates the membership of the C. I. O. and the A. F.
of L. in the unit hereinafter found appropriate.
'The 1 icld Examiner stated- that the C I 0 submitted 369 authorization cards bearing
apparently genuine original signatures Sevent} saver cards were dated in May and June
1942 , 291 were dated from January to April 1043 , and 1 was undated. Two hundred fifty-six
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1434 DE.C•ISJON'S OF NATIONAL LABOR RELATIONSi BOARD
- 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 C. I. 0. requests a unit embracing all production and main-
tenance employees of the Company, excluding supervisory employees,
office. employees, clerical employees, guards, chemists, technical em-
ployees, construction employees, and office building janitors. This
is substantially the unit outlined in the consent election agreement
and covered by the A. F. of L. contract. The A. F. of, L. . would ex-
pand the unit to include warehouse clerks, guards, and construction
employees. The Company's position on the unit coincides with that
of the-C. I. 0. The disputed categories are described in the record
as follows :
• (a) Warehouse clerks: The Company employs four warehouse
clerks who supply materials to employees, upon proper requisition.
It appears that their work is exclusively clerical and that they'-are
not included in the unit covered by the A. F. of L. contract. Since
we see no reason to differentiate between warehouse clerks and other
clerical employees, we shall exclude them from the unit.
(b) G-uards: The Company employs plant guards who are uni-
formed, armed, and under the supervision of the military authorities.
In conformity with our usual policy as to such employees, we shall
exclude the guards from the unit.
(c) Construction employees: The number of construction employ-
ees does not appear in the record, but they are engaged exclusively in
constructing buildings at the plant which, when completed, will be used
for the processing of alumina. Since all construction work will be
completed in 1943 and their employment will then cease, we shall
exclude them from the unit.
We find that all production and maintenance employees of the
Company Working at Mead Aluminum Plant, excluding supervisory
.,employees, office employees, clerical employees, guards, chemists, tech-
nical employees, construction employees, and office building janitors,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
cards bore the names of persons/whose names ppear on the Company's pay roll of April IO
1943 Said pay roll contains the names of 512 employees within the appropriate unit At
the hearing the C. 1 0 submitted 34 additional cards of recent date purporting to bear the
names of persons within the appropriate unit -
The Field Examiner further reported that the-A F of L submitted 390 authorization cards,
hearing apparently genuine original signatures and dated chiefly In May and June 1942.
Sixty-four cai ds bore the names of persons whose names appear on the Company ' s pay roll
of April 10 , 1943 The A . F. of L . relies also upon its contract to esta 'ulish its interest.
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ALUMINUM COMPANT OF AMERICA 1435
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
leas arisen be resolved by means of an election by secret ballot among,
the employees'in the appropriate unit who were employed during the
_pay-roll period immediately preceding 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
'Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as,part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Aluminum Com-
pany of America, Mead Aluminum Plant, Spokane, 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 supervision 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 10, of said Rules and Regula-
tions, 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, including employees who did not
work'during said pay-roll period because they were ill or on vacation or
temporarily laid off, and including 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, to
determine whether they desire to be represented by Local 29, Alumi-
num Workers of America, affiliated with the Congress of Industrial
Organizations, or by Spokane Aluminum Trades Council, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining, or by neither.
Decision and Direction of Election.