Aluminum Co. of America

National Labor Relations Board - Board Decisions

Jun 10, 1943

50 N.L.R.B. 380 (N.L.R.B. 1943)

In the Matter of ALUMINUM • COMPANY OF AMERICA, and LOCAL
UNION No. 3, INTERNATIONAL, BROTHERHOOD, OF ELECTRICAL
WORKERS
In the Matter of ALUMINUM ,COMPANY OF AMERICA and ALUMINUM
WORKERS UNION, #23370, AMERICAN FEDERATION OF LABOR
In, the Matter of ALUMINUM COMPANY OF AMERICA and ALUMINUM
WORKERS UNION #23370, AMERICAN FEDERATION OF LABOR
Cases Nos. R-5353 to R-5355, inclusive, respectively. Decided
June 10, 1943
Mr. Richard J. Hickey, for the Board.
Mr. Paul G. Rodewald, of Pittsburgh, Pa., for the Company.
Mr. Harold Stern, of New York City, for the I. B. E. W.
Mr. Charles Hasenmeyer, of Maspeth, L. I., for the A. F. of L.
Local.
Mr. Samuel L. Rothbard, of Newark, N. J., for the C. I. O.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon amended petition duly filed by Local Union No. 3, Inter-
national Brotherhood of Electrical Workers, herein called the
I. B. E. W., and' amended petitions duly filed by Aluminum Work-
ers Union #23370, American Federation of Labor, herein called the
A. F. of L. Local, alleging that questions affedting commerce had
arisen concerning the_ representation of employees of Aluminum
Company of America, Maspeth, Long Island, New York, herein called
the Company, the National Labor Relations Board provided for' an
appropriate consolidated hearing upon due notice before Will Mas-
low, Trial Examiner. Said hearing was held at New York City, on,
May 6, 1943, at which time a continuance was granted. The con-
tinued hearing was held at New York City, on May 11 and 12, 1943,
50 N. L. R. B., No. 56.
380
ALUMINUM COMPANY OF AMERICA 381
before James C. Batten, Trial Examiner, duly designated to act in -
,placeof Will Maslow. The Company,, the I. B. E. W., the A. F.,
of L. Local, and International Union of Aluminum Workers of
America, C. I. 0., herein called the C. I. 0., 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 Examiners' rulings made at the hearing are free
from prejudicial error and are hereby affirmed. The, Company and
the I. B. E. W. submitted briefs which the Board has considered.
Upon, the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. TIIE BUSINESS OF THE COMPANY
Aluminum Company of America, a Pennsylvania corporation, has
its principal office and place of business at Pittsburgh, Pennsylvania.
The Company is engaged in the manufacture, sale, and distribution
of aluminum. -It owns various plants in several States of the United
States and operates other plants fof- the Defense Plants Corporation.
We are here primarily concerned with the Maspeth, Long Island, plant,
which the Company operates for the Defense Plants Corporation. The
Maspeth plant, where the Company is engaged in the reduction of
aluminum ore from aluminum-oxide, has been in operation since March
1943, although at the time of the hearing it had not yet reached full
production. The principal raw materials purchased by the Company
are cryolite, aluminum-oxide, soda ash, carbon, and bituminous coal.
Since March 1943 the Company has expanded-over $500,000 for ;the
purchase of such raw materials for the Maspeth plant, of which approx-
imately 75.percent was shipped from points outside the State of New
York. During the same period aluminum amounting in value to over
$500,000, was reduced at the Maspeth plant, of which 75 percent was
shipped to points outside the State of New York.
The Company -concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local Union No. 3, International Brotherhood of Electrical Workers
is a labor organization affiliated with the American Federation of La-
bor, admitting to membership employees of the Company.
Aluminum Workers Union #23370 is a labor organization affiliated
with the American Federation of Labor,• admitting to membership
employees of the Company.
382 D 'ECI'SIIO'NS OF NATIONAL LABOR. RELATIONS BOARD
International Union of Aluminum Workers of America is-a labor
organization affiliated with the Congress of Industrial' Organizations,
admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
Early in February 1943, and again in March 1943, the I. B. E. W.
communicated to the Company its desire for recognition and requested
a conference for the purposes of collective bargaining. In a letter
dated April 8, 1943, the A. F. of L. Local asserted its claim to represent
'a majority of the Company's employees at Maspeth, Long Island,'and
also requested a conference. The Company refused to recognize either
organization unless and until the Board duly certifies it as exclusive
bargaining agent..
A statement of the Regional Director introduced in evidence at the
hearing indicates that the I. B. E. W., the A. F. of L. Local, and the
C. I. 0., each represents ;a substantial number of employees in the unit'
each claims to be be appropriate.'
We find that questions' affecting commerce'have 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 UNITS
The I. B. E. W.-claims as appropriate a unit composed of specified
electrical 'department employees of the Company. The A. F. of L.
Local desires two units, one composed of.the Company's production and
maintenance employees, excluding the electrical department employees
claimed by the I. B. E. W., and the other composed of the Company's
guards. The C. I. O. urges that all production and maintenance em-
ployees of the Company, including employees of the electrical depart-
ment, but excluding guards, constitute an appropriate bargaining
unit, with which position the Company is in accord. The Company
further contends that guards should not constitute a bargaining unit
on the ground that conflicting loyalties make such a unit unsuitable.
' The Regional Director reported that the I . B E. W. submitted 50 designations of which
45, bearing apparently genuine original signatures correspond with names on the Com-
pany's pay roll of April 3, 1943 , containing 50 names in the unit the I. B. E. W. claims
as appropriate.
The Regional Director reported that the A F. of L Local submitted 378 cards of which
220, bearing apparently genuine original signatures , correspond , with 'names on the Com-
pany's pay ' roll of April 3, 1943, containing 470 names in the production unit which it
claims to be appropriate. The Regional Director also reported that the C. I 0. submitted
136 designations of which 71 , bearing apparently genuine original signatures , correspond
with names on the above pay roll. The C. I. 0. submitted 106 additional cards and the
A F of L Local offered to submit additional cards . However , no check was made of them.
The Regional Director reported, that the A. F of L Local submitted 64 designations
bearing apparently genuine original signatures which correspond with names on the Com-
pany's pay roll of April 3, 1943 , containing 119 names in the guard unit which the A. F.'
of L. Local claims as appropriate
ALUMINUM COMPANY OF AMERICA 383
These conflicting claims will be discussed below in connection with the
composition of various units.
Guard unit. The A. F. of L. Local, in its original petition, claimed
a production and maintenance unit including guards. Subsequently,
it withdrew that petition and filed two amended petitions requesting,'
respectively, a production and maintenance unit and a guard unit.
It has been the Board's settled policy to deny the inclusion' of guards
in a production unit, 'where, as in the instant case, they are sworn
members of the Auxiliary Military Police. However, there is no merit
in the Company's contention that such status renders inappropriate
a separate unit composed exclusively of guards. We have frequently
found that plant guards hired and paid by employers are employees
within the meaning of the Act and may designate a representative for
purposes of collective bargaining even though they are members of the
Auxiliary Military Police.2 We see no reason to depart from this
position.
The 'A. F. of L. Local desires the inclusion of the Company's eight
fire guards within the unit composed of guards. The Company has
taken no position in regard to this claim. Although not armed, the fire
guards are under oath, in uniform, and work under the same conditions
as the police guards. There is no fire sergeant and all parties agree
the fire captain should be excluded:
The .A. F. of L. Local requests the exclusion of the captain and
lieutenants, and the inclusion of sergeants on the ground that their
supervisory duties are not extensive. There is no dispute concerning
the exclusion of the captain. The Company employs no lieutenants
and it urges the exclusion of the sergeants as'supervisory. Thus the
'sole controversy concerns the sergeants. There are nine sergeants, each
of whom supervises a "tour of duty" (about 18 guards). , They have
the authority to hire and discharge. We find that the sergeants are
supervisory employees and we shall exclude them from theIuiiit.
We find that the fire and police guards of the Company, employed
at its Maspeth, Long Island, plant, excluding the captains, lieutenants
(if any), sergeants and supervisory guards having the power to hire
and' discharge or to recommend such action constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of -
Section 9 (b) 9f the Act.3
Electrical department. The I. B. E. W. contends that various cate-
gories of employees of the electrical department, whom the Company
2 Matter of Chrysler Corporation , Highland Park Plant and Local 114, United Automobile,
Aircraft and Agricultural Implement Workers of America affiltiated-wtith the C. 1 0., 44
N. L. R B 881 ; • Curte •ss-TVright Corporation and American Federation of 'Labor, 45
N L R B 592.
8 The C. I. 0 made no claim to representation in this unit and states that guards are not
eligible to membership in its organization. We shall not place the C. I 0. on the ballot
for the guard unit. -
384 * DECISIONS 1OF NATIONAL LABOR RELATIONS BOARD
classifies as lead electricians,' first- and second=class electricians, elec=
trical helpers, and oilers or apprentices, constitute an appropriate
bargaining unit.4 The sole pontroversy relating to' the composition
"of an electrical unit concerns the exclusion of lead electricians, also
called, shift foremen and rectifier maintenance foremen, whom the
Company - contends should be 'excluded as supervisory employees:
These lead electricians are in charge of shifts of electrical employees
working about the plant or in rectifier buildings. The lead electri-'
cians only work with tools on special occasions, and then for a very
small proportion of their time. They ,have the authority to recommend
hire `and discharge. We shall' exclude them since they are clearly
supervisory employees.
These employees of the electrical department are members of a well-
defined craft which we find may properly constitute a separate bar-
gaining unit, or function with equal effectiveliess as a part of an
industrial -unit.
Production and Maintenance' Employees. There remains for con-
sideration the composition of the production and 'maintenance unit.
All parties are agreed on the exclusion of clerical employees working
in the general office or in the various departments of the plant. The
parties also desire the exclusion of supervisory, employees. We shall
exclude foremen, assistant foremen, and all supervisory employees
having the authority to hire or discharge, or recommend such action.5
With respect to electrical department employees and production and
maintenance employees, we shall make no final determination of the
appropriate unit or units at this time. In'accordance with our finding
that the electrical department employees may function either as a
separate unit or as part of a single industrial unit, we shall direct that
the question concerning representation which has arisen be resolved
by separate elections by secret ballot among the employees in the units
described below, who were employed' during the, pay-roll period im-
mediately preceding the date of 'our Direction of Elections, subject to
the limitations and additions set 'forth therein.
Group 1. All fire and police guards of the Company employed at its
Maspeth, Long Island, plant, excluding the'captains, lieutenants (if
any), and sergeants, and all supervisory guards having the authority
to hire and discharge, or to recommend such action.
Group 2. All employees of the Company's' electrical department at
its Maspeth, Long'Island, plant, excluding lead electricians, _clerical
employees, and supervisory employees having the authority to hire
and discharge or to recommend such action.
4 The I B. E. W amended its petition at the hearing to exclude cranemen.
/, Certain employees of the Company who have received special training to fit them for
supervisory positions with the Company are listed on the pay roll as trainers we shall
exclude them as supervisory employees.
ALUMINUM COMPANY OF AMERICA 385
,Group 3. All-production and maintenance employees employed at
the,Company's Maspeth; Long Island, plant, excluding electrical de-
partment employees,, guards, office and clerical employees, foremen,
and 'assistant foremen, and all supervisory employees having the au-
thority..to hire and discharge, or to recommend such'action.s
Upon; the results of these elections, will depend in part our deter-
mination of the appropriate unit or units. If a majority-of the em-
ployees of the electrical department select the I. B. E. W. as their
representative they, will constitute a separate unit. If a majority in
both electrical and lproduction,,units choose they C. I. O. the groups
^villtogether,constitute a-single unit. .
TI' ELN OEC`'. ' ' ONSECFTIO,DIR
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 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, Maspeth, Long Island, New York, separate 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 Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 10, of said Rules and
Regulations, among the following groups ,of employees of the Com-
pany, 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 :
(1) to determine whether or not the employees in the guard unit
described in Group 1 of Section IV desire to be represented by Alu-
minum Workers Union #23370 American Federation of Labor, for
the purposes of collective bargaining;
a Employees of certain other plants of the Company have been receiving training at the
Maspeth , Long Island , plant, and have been listed on the pay roll as trainees If they
have not already returned to the plants where they were employed , they will soon do so.
Since they are not employees of the Maspeth, Long Island,, plant, we find that they do not
have a substantial interest in the selection of a bargaining representative in this proceeding,
and are therefore ineligible to vote.
386 D'ECISION'S OF NAT'ION'AL LABOR RELATIONS BOARD
(2) to determine ;whether The employees in the electrical depart-
ment described in Group 2 of Section IV 'de'sire to be represented by
Local No. 3,'International Brotherhood of Electrical Workers, affili-
ated with the' American' Federation of Labor, or by International
Union of Aluminum Workers of America, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargain-
ing, or by, neither; -
<(3) to determine-whether the production and maintenance employ-
ees described in Group 3 of Section 'IV desire to be represented by
Aluminum Workers Union #23370, affiliated with the American Fed-'
eration of Labor, or by International Union of Aluminum' Workers
of America,' affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining, or by neither.
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