Aluminum Ore Co.

National Labor Relations Board - Board Decisions

Mar 13, 1941

30 N.L.R.B. 281 (N.L.R.B. 1941)

In the Matter of ALUMINUM ORE COMPANY and ALUMINUM WORKERS
LOCAL. #22438; 'AFFILIATED' WITH • THE AMERICAN. FEDERATION OF
LABOR
Case No. R-2268.-Decided March 13, 1941
Jurisdiction : aluminum production industry.
Investigation and Certification of Representatives : -existence of question : re-
fusal to accord the union recognition untilrit'has been certified by the Board;
election necessary. -
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees,- including analysts, order clerks,' and head janitor, but excluding
supervisory and office employees, watchmen, meter helper, head oiler, brick-
layeis and plumbers, and hourly paid plant, administrative employees other
than the analysts and order clerks.
McCorvey, McLeod, 'Turner eC Rogcrs,''by Mr: Gessner T. McCor-
vey, of ,Mobile, Ala., for the Company.
Messrs..J. L. Busby, of Birmingham, Ala., Walter F. Schaffer, of
Mobile; Ala., and-F. R. Meyers, of Messena, N. Y., for Local,22438.
Messrs. Yelverton Cowherd, ' of Birmingham, Ala., and N. A.
Zonarich, of New Kensington, Pa., for the A. W. A.
Mr. Sidney, L.^ Davis,, of counsel to the Board.
DECISION
AND
fr l l .
DIRECTION .OF .ELECTION
STATEMENT. OF THE CASE
On November 4,1940,' Aluminum Workers Local #22438, affiliated
with the American Federation of Labor, "herein' called Local 22438,
filed, with, the Regional Director-for the Fifteenth Region (New
Orleans, Louisiana)- a., petition alleging that a, question affecting
commerce had arisen concerning ,the, ,representation • of employees of
Aluminum Ore Company, Mobile, Alabama, herein called the Com-
pany, and requesting an investigation and certification of, represent
atives „pursuant to Section 9 (c),, ,of the National Labor Relations
Act„49 Stat: X449, herein called i the Act. • On December 27, 1940, ,the
National Labor Relations Board, herein ,called the Board, acting
pursuant to, Section 9 .(c) of the Act, and Article III, ,Section 3,, of
National Labor Relations Board: Rules and Regulations Series 2,
30 N. L. R. B No. 43.
281,,
282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On January 6 and 8; 1941, respectively,- the Regional Director
issued a notice of hearing and _a notice of postponement of hearing,
copies of both of which were'duly served upon the Company, Local
22438, and International Union, Aluminum Workers of America,
affiliated with the Congress of Industrial Organizations, herein called
the A. W. A., a, labor organization claiming to represent employees
directly affected by the investigation. Pursuant to notice, a hearing
was held on January 24, 1941, at Mobile, Alabama, before Warren
Woods, the Trial Examiner duly designated by the Board. The
Company, Local-22438, and the A. W. A. were represented by counsel
and all participated in the hearing. Full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. At the beginning
of the hearing, the Trial Examiner granted a motion of the A. W. A.
for leave to intervene in these proceedings. During the 'course of
the hearing the Trial Examiner made' several rulings on other mo-
tions and on objections to the admission of evidence. The Board has
reviewed the rulings of the Trial Examiner and finds that no prej-
udicial errors were committed. The rulings are hereby affirmed.
On February 11, 1941, upon, request of the A. W. A., and pursuant
to notice duly served upon all the parties, a hearing for the purpose
of oral argument was held before the -Board at Washington, D. C.
The Company, Local 22438, and the A. W. A. appeared, presented
oral argument, and otherwise participated in the hearing.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Aluminum Ore Company, a Delaware corporation and a' wholly
owned subsidiary of the Aluminum Company of America, with- its
principal executive offices 'at; East St. Louis, Illinois, and a plant at
Mobile, Alabama, herein referred to as the Mobile plant, is engaged,
in addition to other operations, in the business of processing natural
bauxite into aluminum oxide. The principal raw materials used at
the Mobile plant are bauxite, soda ash, and -lime. All the bauxite
and soda ash which constitutes about 80 per cent of the raw materials
used,'are purchased outside Alabama. More than' 90 per cent of the
production of the Mobile plant- (aluminum oxide) is shipped outside
Alabama. The Company admits that it is engaged in interstate
commerce within the meaning of the Act.
ALUMINUM ORE COMPANY 283•
II. THE ORGANIZATIONS INVOLVED
Aluminum Workers Local #22438 is a labor organization affili-
ated with the American Federation of Labor, admitting to mem-
bership production and maintenance employees of the Company at
its Mobile plant.
International Union, Aluminum Workers of America, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership like employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about November 5, 1940, Local 22438 requested the Com-
pany to recognize it as the statutory representative of the employees
at the Mobile plant. The Company refused this request unless and
until the Union had been certified as such representative by the
Board. At the hearing there was introduced in evidence a report
by the Regional Director showing that a substantial number of
employees within the unit hereinafter found to be appropriate had
designated Local 22438 and the A. W. A. as their respective, collective
bargaining representatives.
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We - find that "the•' question concerning -representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has'a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce. -
V. THE APPROPRIATE UNIT
In July 1940, the'Company embarked on an-expansion program
designed to increase its production of aluminum by 50 per cent. -
Outside contractors were engaged for construction of buildings and
equipment. However, as to a portion of the work which was special-
i The Regional Director reported that 150 names on cards authorizing Local 22438, and
124 names on cards authorizing the A. W. A , as respective collective bargaining representa-
tives , appear on the Company ' s pay roll for the last pay-roll period preceding December 7,
1940 . Neither the report of the Regional Director nor the record discloses the total number
of employees on such pay roll ' However , the January 20, 1941, pay roll , admitted as an
exhibit at the hearing , lists approximately 350 employees in the appropriate unit.
284 DECISIONS OF NATIONAL iLABOR RELATIONS BOARD
ized, the Company used. its own.employees,_to, construct and install
such equipment. In this connection regular plant maintenance
empl'oyee' were used 'and additional employees hired.
° Zo`cal'22438 -contend's that' the .production and maintenance em=
ployees 'of the Company at its Mobile plant;'including analysts, order
clerks, pile inspectors, meter helper, head oiler, head janitor, and
employees engaged' in' 'new- construction, but excluding supervisory
and office employees; 'ivatchmeri; nd'hourly'paid plant -administra-
tive employees other than the analysts and order clerks, constitute an
appropriate unit. The A. W. A., while agreeing with Local 22438
to the exclusions set forth above, would exclude- in addition the pile
inspectors, meter helper, head oiler, head janitor, and employees
engaged in new construction. The Company takes no position re-
garding the unit except that it believes that the head janitor should
be included, and bricklayers and plumbers who are engaged in new
construction should be' excluded from the unit. '
Pile inspectors. Pile inspecting is a temporary job classification
due to plan expansion and will be abolished when the expansion pro-
gram is completed. The' pile inspectors were formerly ,engaged in
regular plant maintenance work as helpers, and when the construe=
tion work is over they, will be put back into their former. positions as
helpers.' W.e find' that the pile inspectors, are regular maintenance
employees temporarily engaged in construction's work and, under the
circumstances, shall include them in the unit.
Head oiler. He supervises five -oilers and may recommend dis-
charges. Since he is a supervisory employee we shall, at the request
of-:one of the labor organizations involved,, exclude him from the
unit., - _11 :
Meter.helper. He assists the meter foreman in taking charts out
to different meters. There are three employees in the meter depart-
ment which is not considered :a' part, of the production department
but a part of the technical administrative, department: Since-the,
meter helper is an administrative employee, we shall exclude him
from the unit which, as' hereinafter noted; is limited to production
and maintenance employees.
-Head janitor. He`directs the work of five janitors and inspects
their Work., However,' the`- Company does-not hold"him 'responsible
for the work of the other-jainitors, but has placed him,in ,the position
of a "lead man" 'due to his length' of service: Although he' works in
the office and comes into contact at times with matters that might
be confidential,' we' find'that he"is not a supervisory employee and,
under the circumstances, shall include him in -the, unit.
' Employees engaged in new., construction. 'As'stated above, the,
Company under its' expansion program,' uses , • regular plant main
ALUMINUM ORE COMPANY` 285
tenance employees in construction- work, e. g., installation of new
equipment. The Company also hired additional employees to meet
the problem of expansion. With the exception of bricklayers and
plumbers, none of the regular plant maintenance employees or addi-
tional employees hired is engaged exclusively in construction work:
At the hearing a company official testified that when the expansion
program is completed, it does not contemplate that it will require,
under its new production basis, the services of all the employees
engaged in maintenance and construction work, and that it has there-
fore designated as "temporary" employees certain employees whose
services may not be required. These "temporary" employees have
the least seniority in the respective job classifications of the mainte-
nance and construction department. Some of the "temporary" em-
ployees were employed by the Company prior to the commencement
of the present expansion program.
Local 22438 contends that all of the' above employees are regular
maintenance employees and should be included in the unit regardless
of the fact that they may at times engage in special construction'
work; that since the Company is continually expanding, it may not
necessarily dispense with the services of the "temporary" employees.
The record shows that even if the services of the "temporary" em-
ployees in their present job classifications were no longer required,
these employees, with the exception of bricklayers and plumbers
might, under the Company's seniority policy, apply for other pro-
duction and maintenance positions and would in all probability be
absorbed in production,and maintenance work. Thus, the employees;
here under discussion, obtained a seniority status with the Company.
The A. W. A. contends that it does not admit to membership employ-
ees engaged' in new construction, including the "temporary" em-
ployees, and that all such employees should be excluded from the
appropriate unit. In support of its contention, the A. W. A. submits
that it does not bargain for construction, workers, under a contract
covering employees of other affiliated companies of the Company.2
With the exception of bricklayers and plumbers whom we shall
exclude from the unit, we find that all employees classified as mainte-
nance and construction employees are regular plant maintenance
employees, some of whom are temporarily engaged part of their
time in special construction work, and, under all the circumstances,
should be included in the unit. We are also including the alleged
"temporary" employees since their duties are the same as 'the regular
2 The A. W. A. contract referred to covered construction workers in accordance with the
unit we found appropriate in Matter of Aluminum Company of America and Aluminum
Employees Association, 9 N L. It. B. 944 . We stated therein, "the parties interpreted this
unit to include all employees who are shown on the pay roll as construction employees ...,
and all employees in the Miscellaneous Operation and Construction Division."
286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
maintenance employees and since there is a reasonable probability
that they will be absorbed in production and maintenance work when
the expansion program is completed.
We find that the production and maintenance employees of the
Company at its Mobile plant, including analysts, order clerks, and
head janitor, but excluding supervisory and office employees, watch-
men, meter helper, head oiler, bricklayers and plumbers, and hourly
paid plant administrative employees other than the analysts and
,order clerks, constitute a unit appropriate for the purposes of col-
lective bargaining, and that said unit will insure to employees of
the Company the full benefit of their right to self-organization and
to collective bargaining, and otherwise effectuate the policies of the
Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question' concerning representation which has
arisen can best be resolved by an election by secret ballot. At the
hearing the A. W. A. indicated that it desired that the August 1940
pay roll should be used to determine those eligible to vote. We see
no reason, however, to depart from our usual practice, and we shall
accordingly use as the date for determining the eligibility of em-
ployees to vote, the pay-roll period next preceding the date of the
Direction of Election, subject to such limitations and additions as are
set forth in the Direction.
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following :
CONOLusIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees at the Mobile plant of Aluminum Ore Com-
pany, Mobile, Alabama, within the meaning of Section 9 (c) and
Section 2 (6) and '(7) of the National Labor Relations Act.
2. The production and maintenance employees of the Company
at its Mobile plant, including analysts, order clerks, and head jani-
tor, but excluding supervisory and office employees, watchmen, meter
helper, head oiler, bricklayers and plumbers, and hourly paid plant
administrative employees other than the analysts and order clerks,
constitute -a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor Relations
Act.
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 Rela-
ALUMINUM ORE -COMPANY 287
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
_ Drxncmn that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Aluminum Ore Company, Mobile, Alabama, 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 Fifteenth Region,
acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section' 9, of said Rules and Regu-
lations, among the production and maintenance employees of the
Company at its Mobile plant who were employed during the pay-roll
period next preceding the date of this Direction, including the ana-
lysts, order clerks, head janitor, and employees who did not work
during such pay-roll period because they were ill or on, vacation or
absent because called for military service, and those who were then
or have since been temporarily laid off, but excluding employees who
have since quit or been discharged for cause, and also excluding
supervisory and office employees, watchmen, meter helper, head oiler,
bricklayers and plumbers, and hourly paid plant administrative em-
ployees other than the analysts and order clerks, to determine
whether they desire to be represented' by Aluminum Workers Local
#22438, affiliated with the American 'Federation of Labor, or by
International Union, Aluminum Workers of America, affiliated with
the Congress of Industrial Organizations, for the purposes of collec-
tive bargaining, or by neither.