Aluminum Co. of America

National Labor Relations Board - Board Decisions

Aug 9, 1944

57 N.L.R.B. 1216 (N.L.R.B. 1944)

I
-In the Matter Of ALUMINUM COMPANY OF AMERICA and UNITED
STEELWORKERS OF AMERICA, CIO
Case No. 2-R-4786.-Decided August 9,1944
Mr. O. V. Peterson, of Edgewater, N. J., and Messrs. H. `Flynn and
N. F. Humaes, of Pittsburgh, Pa., for the Company.
Mr. Philip M. Curran, of Pittsburgh, Pa., and Mr. Harold Bernard,
of Cliffside, N. J., for the Union.,
. Miss Ruth Rusch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America, CIO,
herein called the Union,' alleging that .a question affecting commerce
had arisen concerning the representation of employees of Aluminum
Company of America, Edgewater, New Jersey, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Richard J. Hickey, Trial Ex-
aminer. Said hearing was held at Edgewater, New Jersey, on July
6, 1944. The Company and the Union appeared and participated.
All parties 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 an opportunity to file briefs with the Board.
' The record discloses that, since the petition and amended petition were filed , there has
been an amalgamation of,International Aluminum Workers of America , Local 16, CIO, in
whose name the petitions were. filed , with United Steelworkers of America , CIO. The
Trial Examiner granted a motion , to which there were no objections, permitting the Union
to amend the petition and all formal documents herein by changing the name of Interna-
tional Aluminum Workers of America, Local 16, CIO, to United Steelworkers of America,
CIO.
57 N. L R. B., No. 182.
1216
I
ALUMINUM COMPANY OF AMERICA 1217
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 with
one of its plants located at Edgewater, New Jersey, where it is engaged
in the manufacture, sale, and distribution of aluminum sheet, press
forgings, screw machine products, and foil. During the past year, the
Company has purchased aluminum, which is the principal raw mate-
rial used, amounting to more than $1,000,000 in value, of which 90'
percent was obtained from sources outside the State of New Jersey.
For the same period, the Company's products sold for .more than
$1,000,000, of which 90 percent was shipped outside the State of New
Jersey.
The Company admits, and we find, that it is engaged in commerce-
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated`
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its militarized plant-protec--
tion employees until the Union is certified by the Board in an,
appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce had 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.
I
IV. THE APPROPRIATE UNIT
The Union at present represents the Company' s production and'
maintenance employees at the plant herein involved in a unit estab-
2 The Field Examiner reported that the Union submitted 30 application cards, 27 of
which bore the names of persons listed on the Company's pay roll The pay roll listed the,
names of 48 employees in the appropriate unit. There were 15 cards dated May 1944, L
dated April 1944, 2 dated January 1944, 6 dated October 1943, and 6 were'undated.
601248-45-vol. 57-78
1218 DECISIONS OF NATIONAL LABOR -RELATIONS .BOARD
lished as the, result of a consent election held in May 1939. That unit
excludes watchmen and guards. In this proceeding, the Union seeks
to represent all militarized plant-protection employees at the Com-
pany's Edgewater plant, including corporals and excluding lieuten-
ants and sergeants, in a separate unit.
- The Company raises no objection to-the composition of the proposed
unit, but, contends that representation of its plant-protection' em-
ployees for the purposes of collective bargaining, especially by the
labor organization which represents its production and maintenance
employees, is incompatible with the status of plant-protection em-
ployees as an arm of management. We have considered and rejected
such contentions in numerous cases,3 and we find here no reason to
depart from our usual policy.
The Company employs 48 guards including corporals, in addition to
1 lieutenant and 3 sergeants, all of whom are armed auxiliary police.
The corporals perform the same duties as the guards except that they
may relieve the sergeants on their, day off. The corporals receive a
slightly higher wage per week than the guards. The record shows
without dispute that they have no authority to hire, promote, discharge,
discipline, or otherwise effect changes, in the status of employees, or
•effectively,recommend such action. , -
We find, in accordance with our well established policy and the stipu-
lation of the parties and the record, that all militarized plant-protec-
tion employees, including corporals, employed by the Company at' its
Edgewater,- New Jersey, plant, but excluding lieutenants, sergeants,
and 'all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
.of Section 9 (b) of the Act. , ,
V. THE DETERMINATION OF REPRESENTATIVES
, We shall direct that the question concerning representation which,
-has'arisen be resolved by an election by secret ballot among the em-
ployees in the appropirate 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 Direc-
tion.
2 Matter of Chrysler Corporation , Highland Park Plant, 44 N L. R B 881 ; Matter of„
Aluminum Company of America, 50• N. L.• R B. 380; Matter of~Dravo Corporation; 52
N. L. It. B. 322; and Matter of Bohn Aluminum and Brass Corporation , 53 N. L R. B. 231.
ALUMINUM COMPANY OF AMERICA 1219
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 3, as amended, it is hereby
DIRECTED that; as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Aluminum Com-
pany of America, Edgewater, New Jersey, 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 Second 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 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 those
employees who have since quit or been discharged for cause and have
not been'rehired or reinstated prior to the date of the election,'to de-,
termine - whether or not they desire to be represented by United Steel;
workers of America, CIO, for the purposes of collective bargaining.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election.