Aluminum Co. of America

National Labor Relations Board - Board Decisions

May 6, 1949

83 N.L.R.B. 398 (N.L.R.B. 1949)

In the Matter of ALUMINUM COMPANY OF AMERICA, EMPLOYER and
INTERNATIONAL ASSOCIATION OF MACHINISTS, DIE AND TOOL MAKERS
LODGE No . 113, PETITIONER
In the Matter of ALUMINUM COMPANY OF AMERICA, EMPLOYER and
AMERICAN FEDERATION OF LABOR , PETITIONER
Cases Nos. 13-RC-282 and 13-RC--366, respectively .Decided
May 6,1949
DECISION
AND
DIRECTION OF ELECTIONS
Upon petitions duly filed, a consolidated hearing in this matter was
held before Irving Friedman, hearing officer of the National Labor
Relations Board. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in these cases, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner in Case No. 13-RC-282, herein called the IAM;
the Petitioner in Case No. 13-RC-366, herein called the AFL; Inter-
national Brotherhood of Electrical Workers, Local 134, an intervenor,
herein called the IBEW; and International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America, an
intervenor, herein called the UAW, are labor organizations claiming
to represent employees of the Employer.
3. Questions affecting commerce exist concerning the representation
of employees of the Employer, within the meaning of Section 9 (c) (1)
and Section 2 (6) and (7) of the Act.
4. The appropriate units :
The Employer is engaged in the refining and reduction of alumina,
and the manufacture of aluminum and aluminum products. At its
Hillside plant, the only plant directly involved in this proceeding, the
Employer manufactures die castings and uses these die castings in its
plant production processes. The parties disagree with respect to the
unit or units appropriate for employees at the Hillside plant.
The IAM seeks a separate unit of all tool and die makers and die
83 N. L. R. B., No. 59.
398
ALUMINUM COMPANY OF AMERICA 399
machinists and their apprentices, excluding all other plant employees
and supervisors. The IBEW seeks a separate unit of maintenance
electricians, excluding all other plant employees and supervisors. The
Employer, the AFL, and the UAW urge that a single plant-wide unit
is the only appropriate unit for production and maintenance employees
at the plant, alleging that the high degree of integration of operations
at the plant and the historical over-all bargaining pattern on a non-
craft basis in the die casting industry, as distinct from the die manu-
facturing industry, render a single-plant unit appropriate.
The Hillside plant is a one-story structure with a common passage-
way between two wings known as the South Wing and the North Wing.
The melting, casting, finishing, and shipping departments are located
in the South Wing; the maintenance, stores, heat treating, and die
departments are located in the North Wing. There is no history of
collective bargaining at this plant.
Tool and die makers: All new dies and major repairs on dies used in
the plant production processes are made in the die department at the
plant. The tool and die makers who work in this department are
highly skilled craftsmen who have served an apprenticeship of 7 years.
They work under separate immediate supervision and are the highest
paid employees at the plant. They are able to operate all machines in
the die department, to read blueprints, and to work to very close toler-
ances. Die machinists possess similar skills and perform similar work,
but they are not held to such close tolerances. An apprentice program
has been in effect in the die room since the plant started operation. At
the end of 4 years of training, apprentices will have the option to
terminate their training, becoming either maintenance or die machin-
ists, or to continue their training for an additional 3 years, becoming
tool and die makers. Tool and die makers and die machinists and
their apprentices clearly constitute a highly skilled traditional craft
bargaining group.,
The Employer, the AFL, and the UAW urge, however, that it often
requires months to complete a die; that, although these highly skilled
employees work in the die department, the production of a finished die
is a highly integrated process which requires the cooperation, collabo-
ration, and constant consultation among employees in the die, engi-
neering, and casting and finishing departments; and that it is often
necessary to machine each part of the die to very close tolerances at
1 We find no merit in the contention of the UAW that maintenance machinists who work
in the maintenance department , along with electricians , pipefitters, and other maintenance
employees , should be included in the same unit with die machinists in the die department.
All machinists undergo a 4-year apprenticeship to become machinists . Die machinists have
further specialized training in die work and may become , on completion of such training,
tool and die makers . The work programs and employment interests of the machinists and
maintenance machinists are clearly separate and distinct . See Matter of Swift Die &
Manufacturing Company and Di Machine Corporation , 78 N. L. R. B. 861.
400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
different stages in the course of its production. They further urge that
the die casting industry has been organized on a non-craft basis and
that the absence of established craft bargaining units in this industry
is conclusive on the issue that an over-all plant-wide unit is appropriate
for the Hillside plant employees.
There has been no history of collective bargaining among employees
at the Hillside plant.
As noted above, the tool and die makers and die machinists with
their apprentices constitute a traditional craft group, who we have
found may constitute an appropriate unit.2 There is necessarily a
considerable degree of integration between cooperating departments
to achieve a finished product. The die department employees are not,
however, so integrated in the production processes as to make the
absence of evidence of separate craft units in the die casting industry
controlling.3
We find that tool and die makers and die machinists and their ap-
prentices in the die department constitute an identifiable, homogeneous
,craft group which may appropriately bargain as a separate craft
group or may form part of the broader plant-wide unit sought by
the Employer, the AFL, and the UAW.
Maintenance electricians: As noted above, the IBEW contends
that maintenance electricians at the Employer's plant constitute a
separate bargaining unit. The Employer, the AFL, and the UAW
disagree.
In the maintenance department at the Hillside plant, along with
machinists, metal workers, welders, and pipefitters, are five electri-
cians. All employees in the maintenance department are classified as
general maintenance men, allegedly because the plant is, at present,
too small to permit these specially skilled employees to devote all
their time to their respective trades.
The electricians sought by the IBEW circulate throughout the plant
in the course of their work. They are under the over-all supervision
of the master mechanic, the only supervisor in the maintenance de-
partment. As a general rule, however, electricians report to, and
are assigned work by, the oldest electrician in the department. They
maintain all electrical equipment at the plant, such as cranes, heat
treating machines, die cast machines, furnaces, circuit breakers, ma-
2 Matter of General Electric Company, 80 N. L . R. B. 169; Matter of Continental Can
Company, Inc., 73 N. L. R. B . 1.375; 76 N. L R . B 131; Matter of Columbus Bolt Works,
76 N. L. R. B. 305; Matter of American Can Company, 75 N. L. R. B 1127.
9 Matter of Hunter Packing Company, 79 N. L. R. B. 197; See also Matter of National
Tube Company, 76 N. L. R. B. 1199, where the Board denied a proposed unit of bricklayers
because, among other factors , there was a history of industry -wide bargaining on a non-
craft basis. In that case, however, unlike the present one , the Board also predicated its
decision upon the high degree of integration between the bricklayers and the production
process, and also upon the character of the entire industry which is already highly organ-
ized on an industrial basis.
ALUMINUM COMPANY OF AMERICA 401
chine control circuits and lighting circuits, automatic boiler equip-
ment, and the water purifying system. At least one electrician was
hired on the basis of an interview in which the emphasis was laid on
his background in electrical temperature control. The services of
other employees at the plant are, at times, utilized for assistance to
the electricians, but this does not occur with any appreciable fre-
quency. Electricians do not ordinarily perform the work of other em-
ployees at the plant.
The maintenance electricians herein involved comprise a distinct
craft group which we have often found may appropriately constitute
either a craft unit or part of a production and maintenance unit.4 We
find that maintenance electricians at the Hillside plant may properly
constitute a separate craft unit or part of the broader plant unit
sought by the AFL and the UAW herein.
We shall make no final determination with respect to the appro-
priate unit or units for employees at the Hillside plant until after sep-
arate elections shall have been held among employees in the following
voting groups :
(1) All tool and die makers, die machinists, and their apprentices,
excluding the tool crib attendant, the die room clerk, and supervisors.
(2) All maintenance electricians, excluding supervisors.
(3) All production and maintenance employees, excluding tool and
die makers, die machinists, and their apprentices, maintenance electri-
cians, office and clerical employees, guards, professional employees,
and all supervisors.
5. The determination of representatives :
At the hearing testimony was introduced to indicate that the Em-
ployer's Hillside plant was now producing 25 percent of its full pro-
duction capacity and that total employment at the plant is presently
only 25 percent of its full possible employment capacity. It is esti-
mated that, even if the production of dies at the plant justifies its ex-
pansion, the full employment capacity of the plant will not be reached
before 11/2 to 2 years.
'The die storage department at the plant is equipped to 50 percent
of its capacity. The record does not disclose the number of employees
now in this department. The'maintenance and heat-treating depart-
ments are equipped to 75 percent of their respective capacities. There
are 32, employees now in the maintenance department, The record
does not disclose the number of employees now in the heat treating
department. The' general stores and die departments are equipped
1 Matter of Turbine • Rngineering Company , 73 N. L. R. B. 163 ; Matter of B.'F. Goodrich
CAemica i Company ( Leon Plant), 75 M. L. R. B. 1142; Matter of Lockheed Aircraft Cor-
poration, 77 N. L . R. B. 507 ; Matter of Hughes Toot Company , 77 N. L. R. B. 1193 ;' Matter
of Tin Processing Corporation , 78 N. L.. R. B. 96. .
402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to 100 percent of their full capacities. There are now 36 employees
in the die department. The record does not disclose the number of
employees in the general stores department. There are approximately
50 employees in the casting department, 42 in the finishing depart-
ment, and 4 in the melting department. The record does not disclose
the full employment capacity for each department.
The record discloses that the Employer's plant is currently in pro-
duction, and that the present complement of the plant constitutes a
substantial and representative proportion of the contemplated working
force. In view of the speculative character of the anticipated ex-
pansion, and since all parties desire a determination of bargaining
representatives at the earliest possible date, and upon the basis of the
entire record in the case, we will direct immediate elections.5
DIRECTION OF ELECTIONS 6
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, elections by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Thirteenth Region, and
subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations-Series 5, as amended, among the em-
ployees in the voting groups listed in Section 4, above, who were em-
ployed during the pay-roll period immediately preceding the date
of this Direction of Elections, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off,. but excluding those employees who have since
quit or been discharged for cause and have not been rehired or re-
instated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine :
(a) Whether the employees in voting group (1) desire to be rep-
resented by International Association of Machinists, Die and Tool
Makers Lodge No. 113, or by International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America, C. I. 0.,
or by the American Federation of Labor, for the purposes of collective
bargaining, or by none;
(b) Whether the employees in- voting group (2) desire to be rep-
resented by International Brotherhood of Electrical Workers, Local
134, A. F. L., or by International Union, United Automobile, Aircraft
5Matter of American Enka Corporation (Lowland), 80 N. L. R. B. 298 ; Matter of Gen-
eral Motors Corporation, Electro Motive Division, Plant No. S. 82 N. L. It. B. 876;
Matter of Ed White Junior Shoe Company, 78 N. L. R. B. 530.
"Any participant in the elections directed herein may, upon its prompt request to, and
approval thereof by , the Regional Director, have its name removed from the ballot.
ALUMINUM COMPANY OF AMERICA 403
& Agricultural Implement Workers of America, C. I. 0., or by the
American Federation of Labor, for the purposes of collective bargain-
ing or by none ; and
(c) Whether the employees in voting group (3) desire to be repre-
sented by International Union, United Automobile, Aircraft & Agri-
cultural Implement Workers of America, C. I. 0., or by the American
Federation of Labor, for the purposes of collective bargaining, or by
neither.
MEMBER GRAY took no part in the consideration of the above De-
cision and Direction of Elections.