Aluminum Co. of America

National Labor Relations Board - Board Decisions

Feb 3, 1944

54 N.L.R.B. 1043 (N.L.R.B. 1944)

In the Matter of ALUMINUM COMPANY OF AMERICA , CHICAGO WORKS
and DISTRICT 8, INTERNATIONAL ASSOCIATION OF MACHINISTS
In the Matter of ALUMINUM COMPANY OF AMERICA , CHICAGO WORSE-
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL-
No. B-134, A. F. OF L.
In the Matter of ALUMINUM COMPANY OF AMERICA , CHICAGO WORKS-
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
B-713 , A. F. OF L.
In the Matter of ALUMINUM COMPANY OF AMERICA, CHICAGO WORKS
and THE PIPEFITTERS ASSOCIATION , LOCAL UNION 597, UNITED Asso-
CIATION OF JOURNEYMEN PLUMBERS AND STEAMFITTERS , A. F. OF L.
In the Matter of ALUMINUM COMPANY OF AMERICA , CHICAGO WORKS
and INTERNATIONAL UNION , ALUMINUM WORKERS OF AMERICA, LOCAL
42, C. 1. 0.
Cases Nos. 13-R-1930, 13-R-0012, 13-R-2026, 13-R-2047, and
13 R-2133, respectively.Decided February 3, 1944
Mr. Harry S. Flynn, of Pittsburgh, Pa., Mr. J. L. Patterson and'
Mr. Malcolm H. Freeman, of Brookfield, Ill., for the Company.
Messrs. P. L. Siemiller and F. M. McAuliffe, of Chicago, Ill., for
the Machinists.
Messrs. Emory J. Smith and Tom J. Murray, of Chicago, Ill., for
Local B-134.
Messrs. Emory J.• Smith and William Taylor, of Chicago, Ill., for
Local B-713.
Messrs. Emory J. Smith, Earl Oliver and M. J. Sexton, of Chicago,.
Ill., for the Carpenters.
Mr. Daniel D. Carmell, by Messrs. Leo Segall and John F. Hogan,
of Chicago, Ill., for the Pipefitters.
Messrs. James Dickerson and Harry D. Williams, of Chicago, Ill.,
for the C. 1. 0.
Mr. Joseph L. Ozanic, of Brookfield, Ill., Messrs. Harry E. O'Rielly,
and Patrick J. Gallagher, of Chicago, Ill., for the A. F. L.
Mr. Charles W. Schneider, of counsel to the Board.
54 N. L . R. B., No. 154.
1043-
1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by District 8, International Association of
Machinists, herein called the Machinists; International Brotherhood
of Electrical Workers, Local No. B-134, A. F. L., herein called Local
B-134; International Brotherhood of Electrical Workers, Local B-
713, A. F. L., herein called Local B-713; The Pipefitters Association,
Local Union 597, United Association of Journeymen Plumbers and
Steamfitters, A. F. L.,1 herein called the Pipefitters; and Interna-
tional Union, Aluminum Workers of America, Local 42, C. I. O.,
herein called the C. I. 0., alleging that questions affecting commerce
had arisen concerning the representation of employees of Aluminum
Company of America, Chicago Works, herein called the Company,
the National Labor Relations Board consolidated the cases and pro-,
vided for an appropriate hearing upon due notice before Earl S. Bell-
man, Trial Examiner. Said hearing was held at Chicago, Illinois,
on December 13, 14, and • 15, 1943. The Company, the Machinists,
Local B-134, Local B-713, the Pipefitters, the C. I. 0., International
Council of Aluminum Workers, affiliated with the American Federa-
tion of Labor, herein called the A. F. L., and Chicago District Coun-
cil, United Brotherhood of Carpenters and Joiners of America, herein
called the Carpenters, 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 Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Aluminum Company of America is a Pennsylvania corporation
engaged in the production, of aluminum and aluminum products.
The Company operates approximately 40 plants, located in 17 differ-
ent states of the United States. The present proceedings involve
only the Chicago Works of the Company.
'As amended at the hearing.
ALUMINUM COMPANY OF AMERICA 1045
The Chicago Works, which is located at Brookfield, Illinois, is one
of 11 plants comprising the Company's fabricating division. It is a
rolling mill devoted solely to the production of aluminum sheet and
plate. The Chicago Works is owned by Defense Plant Corporation,
a subsidiary of the Reconstruction Finance Corporation. The plant
is operated by the Company under lease from Defense Plant
Corporation.
The Chicago Works uses annually raw materials valued in excess
of 5 million dollars, 90 percent of which is secured from sources out-
side the State of Illinois. It produces annually finished products
valued in excess of 10 million dollars, approximately 75 percent of
which is shipped to points outside the State of Illinois.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
District 8, International Association of Machinists, International
Brotherhood of Electrical Workers, Locals Nos. B-134 and B-713,
The Pipefitters Association, Local Union 597, United Association of
Journeymen Plumbers and Steamfitters, Chicago District Council,
United Brotherhood of Carpenters and Joiners of America, and In-
ternational Council of Aluminum Workers, are all labor organiza-
tions affiliated with the American Federation of Labor, and admitting
to membership employees of the Company.
International Union, Aluminum Workers of America, Local 42,
C. I. 0., is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the
Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On various dates in July and August, 1943, the Machinists, Local
B-134, Local B-713, and the Pipefitters requested recognition from the
Company in the units presently urged by those organizations to be
appropriate. The Company, in substance, referred each of the or-
ganizations to the Board. The Carpenters, the A. F. L., and the
C. 1. 0. did not formally request recognition. However, the Company
stated at the hearing that its policy was not to recognize any labor
organization until certified by the Board, and further stated that
had requests been made by the Carpenters, the A. F. of L., and the C.
I. 0., they would have been referred to the Board.
Statements of the Regional Director and the Trial Examiner, in-
troduced at the hearing, indicate that each of the petitioning organ-
1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
izations and the Carpenters represents a substantial number of em-
ployees in the unit which each contends is appropriate.2
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 UNIT; THE DETERMINATION OF REPRESENTATIVES
The positions of the various parties with respect to the appropriate
unit or units may be summarized substantially as follows : The Com-
pany and the C. I. 0. contend that there should be one appropriate
unit-plant-wide in scope. The A. F. L. seeks a plant-wide unit exclu-
sive of the groups sought by the A. F. L. craft unions. The employees
in the groups sought by the crafts are classified as maintenance. The
Machinists requests a unit of machine-shop, forge-shop, and roll-grind
room employees; Local B-134 a unit of electrical workers; Local B-713
a unit of electric truck and electric crane operators; the Pipefitters a
unit of pipefitters, helpers, and pipefitter laborers; the Carpenters
a unit of millwrights. or mill mechanics and carpenters. In addition,
there is dispute as to certain categories of employees whom the Com-
pany and the C. I. 0. would exclude as supervisors, but whom most of
the other parties would include. '
The plant is a rolling mill producing only aluminum sheet and
plate. Production flows in a continuous process, to which the main-
tenance employees contribute directly. An interruption of operations
in any department would eventually result in the cessation of all pro-
duction 'operations. The plant having been opened only within the'
past year, there is no history of collective bargaining at the Chicago
Works. However, in other plants of the Company similarly engaged,
bargaining has been almost uniformly on an industrial basis. The
integrated nature of operations at this plant and the history of bar-
2 The statements disclose that all the labor organizations submitted evidence of repre-
sentation in the form of signed applications for membership or designations of bargaining
agency. The cards bore apparently genuine original signatures , and most bore dates in
the latter part of 1943 The showing made by the cards may be summarized as follows :
Labor organization No of cardssubmitted
No. of
names on
cards found
on pay roll
No. of em-
ployees in
unit
No. of
C.I O.des-
ignations in
such unit
Machinists-------- ------------------------------ 95 70 101
LocalB-134---------------------- ------------ 74 65 107
Local B-713---- ----------------- -------------- 83 52 124
Pipefitters -------------------------------------- 31 15 20
Carpenters ------------------------------------- 81 63 96
A F L----------------------------------------- 110 50 1,081
,C 1 0--------------- --------------------------- 719 502 1, 576
None
4
52
None
13
------------
------------
ALUMINUM COMPANY OF AMERICA 1047
gaining at the other plants indicate the feasibility of the plant-wide
unit urged by the Company and the C. 1. 0.
On the other hand, detailed evidence in the record indicates the
propriety of the bargaining units sought by the Machinists, the Pipe-,
fitters, Local B-134, and the Carpenters. Without discussing the evi-
dence in detail, these considerations may be 'summarized as follows :
The employment of craft skills commonly associated with the interests
of the respective organizations, and substantial homogeneity within
each group with respect to departmental or craft association, supervi-
sion , place of work, headquarters, working conditions, or type of work
performed . In addition, those unions have demonstrated a substan-
tial interest in the groups which they seek, while the C. I. O. has shown
little or none therein, with the exception of the Carpenters unit.3
Under the circumstances , we are of the opinion that the employees
in the units sought by the Machinists, Local B-134, the Pipefitters,
and the Carpenters, could function effectively either as part of a plant-
wide bargaining unit, or as separate units.
However, we discern no similar considerations applicable with
respect to the unit sought by Local B-713. The electric truck and
electric crane operators are engaged in moving material in various
parts of the plant as it proceeds through successive stages of fabrica-
tion. They possess no electrical or mechanical skill beyond a certain
facility in the maneuvering of their vehicles. They do not repair or
maintain their equipment. They are assigned on a substantially per-
manent basis to specific production areas, and although nominally
under the jurisdiction of maintenance department supervisors, receive
their working instructions from production supervisors in the areas
where they are stationed. Unlike the employees in the remainder of
the units requested by the craft unions, their working conditions and
rates of pay are similar to those of the production employees. Under
such circumstances, we perceive no persuasive factors warranting the
separation of the electric truck and electric crane operators from the
production employees, and are of the opinion that their interests will
be best served by including them within the industrial unit. We
shall, therefore, dismiss the petition of Local B-713.
Supervisors: Certain of the A. F. L. affiliates request the inclusion
in the units of foremen, assistant foremen, subforemen, working fore-
men, and crew leaders. The evidence discloses that these employees
are supervisors with authority to make recommendations respecting
changes in status of employees under them. In view of their author-
ity, foremen, assistant foremen, subforemen, working foremen, and
a Although the Company and the C. I. O. urged particularly that there is no community
of interest between carpenters and the so-called millwrights or mill mechanics, who are
included in the unit requested by the Carpenters, we are persuaded, upon the peculiar facts
here present, that those employees may'appropriately be included in such a unit.
1048 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
crew leaders will be excluded, as supervisors, from the voting groups
hereinafter designated.
There is also a category of employees known as leadmen. These
men work along with, and direct, a small crew .of employees. They
have no authority to affect the status of employees under them, or to
make recommendations respecting their tenure. All parties agreed
to the inclusion of leadmen. Since they exercise no supervisory au- -
thority, we shall include them in the voting groups.
We shall make no final determination at this time with respect to
the appropriate unit or units. However, in accordance with the fore-
going, we shall direct that separate elections by secret ballot be held
among the employees in each of the voting groups set forth below,
who were employed during the pay-roll period immediately preceding
the date of the Direction of Election herein, excluding supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, and subject to the limitations and additions
set forth in the Direction : 4
(1) All machine-shop, forge-shop, and roll-grind room employees
classified as follows : first and second class electricians, first and second
machinists, first and second shop repairmen, welders, shop helpers,
shop laborers, and toolroom attendants, to determine whether, they
desire to be represented by the Machinists, by the C. I. 0., or by
neither ;
(2) All employees of the electrical and pyrometric departments
classified as follows : first and second class electricians, first and second
class repairmen, helpers, and laborers, to determine whether they de-
sire to be represented by Local B-134, by the C. I. 0., or by neither;
(3) First and second class maintenance pipefitters, including main-
tenance men in the pump houses, first and second class repairmen,,
helpers, and laborers, to determine whether they desire to be repre-
sented by the Pipefitters, by the C. I. 0., or by neither;
(4) Carpenters, carpenter maintenance men, first and second class
mill mechanics, first and second class mill repairmen , and maintenance
helpers, to determine whether they desire to be represented by the
Carpenters, by the C. 1. 0., or by neither;
(5) All remaining production and maintenance employees of the
Company, including timekeepers, dispatchers , scale clerks , receiving
clerks, janitors, and leadmen, but excluding general office clerical em-
4 Most of the labor organizations did not state their unit contentions in terms of the
Company's pay roll classifications . In our description of the voting groups we have adopted
the pay-roll classifications as given by the Company at the hearing ., However , there is no
difference , other than of terminology , between the voting groups as we have described
them and the unit contentions of the A. F. L. unions, except that, as has been indicated
heretofore, we have excluded certain supervisory categories whom some of the unions would
have included.
ALUMINUM COMPANY OF, AMERICA 1049
ployees, administrative employees, plant guards, and technical and
laboratory employees,5 to determine whether they desire to be repre-
sented by the C. I. 0., the A. F. L., or by, neither.
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
Dn ECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Aluminum Com-
pany of America, Chicago Works, Brookfield, Illinois, elections by
secret ballot shall be conducted as early as possible, but not later than
thirty (30) days from the date of this Direction of Elections, under
the direction and supervision of the Regional Director for the Thir-
teenth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the groups of gmployees described in
Section IV, above, who were employed by the Company 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 in-
cluding employees in the armed forces of the United States who present
themselves in person at the polls, but excluding those employees who
have since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the elections, to determine whether :
(1) The employees in the Machinists' group desire to be represented
by District 8, International Association of Machinists, A. F. L., or
by International Union, Aluminum Workers of America, Local 42,
C. I. 0., for the purposes of collective bargaining, or by neither;
(2) The employees in the Electricians' group desire to be repre-
sented by International Brotherhood of Electrical Workers, Local No.
B-134, A. F. L., or by International Union, Aluminum Workers of
America, Local 42, C. I. 0., for the purposes of collective bargaining,
or by neither;
(3) The employees in the Pipefitters' group desire to be repre-
-sented by the Pipefitters Association, Local Union 597, United Asso-
ciation of Journeymen Plumbers and Steamfitters, A. F. L., or by
International Union, Aluminum Workers of America, Local 42,
C. I. 0., for the purposes of collective bargaining, or by neither;
(4) The employees in the Carpenters' group desire to be repre-
sented by Chicago District Council, United Brotherhood of Carpen-
5 The Company, the C . I. 0., and the A. F. L. agreed that the above inclusions and exclu-
sions were appropriate.
1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD0
ters and Joiners of America, A. F. L., of by International Union,
Aluminum Workers of America, Local 42, C. I. 0., for the purposes
of collective bargaining, or by neither;
(5) The employees in the residual group desire to be represented
by International Union, Aluminum Workers of America, Local 42,
C. I. 0., or by International Council of Aluminum Workers, Al. F. L.,
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 investigation and
certification of representatives of employees of Aluminum Company
of America, Chicago Works, filed by International Brotherhood of,
Electrical Workers, Local B-713, be, and it hereby is, dismissed.