Aluminum Ore Co.

National Labor Relations Board - Board Decisions

Oct 11, 1945

64 N.L.R.B. 26 (N.L.R.B. 1945)

In the Matter of ALUMINUM ORE COMPANY and INTERNATIONAL
COUNCIL OF ALUMINUM WORKERS' UNIONS, AFFILIATED WITH TIIE
AMERICAN FEDERATION OF LABOR
Case No. 15-R-1-357.-Decided October 11, 1945
Messrs. Duncan C. Smith and L. B. Moreland, of Mobile, Ala., for
the Company.
Mr. R. 0. Ross, of Birmingham, Ala., and Mr. J. S. Niquette, of
Mobile, Ala., for the petitioner.
Mr. R. M. Poarch, of Birmingham, Ala., and Mr. Lawrence H.
Marine, of Mobile, Ala., for the intervenor.
Mr. Mozart G. Ratner, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION-
STATEMENT OF THE CASE
Upon a petition duly filed by International Council of Aluminum
Workers' Unions, A. F. of L., herein called the petitioner, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Aluminum Ore Company, Mobile, Alabama,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before T. Lowry
Whittaker, Trial Examiner. The hearing was held at Mobile, Ala-
bama, on August 7, 1945. The Company, the petitioner, and United
Steelworkers of America, Local Union No. 320, C. I. 0., herein called
the intervenor, 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 Exam-
iner's rulings made at the hearing are free from prejudicial error
and hereby affirmed. All parties were afforded an 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 Ore Company, a wholly owned subsidiary of Aluminum
Company of America, is a Delaware corporation having its executive
64 N. L. R. B., No. 6.
26
ALUMINUM ORE COMPANY 21
offices in St. Louis, Missouri. The Company operates a plant at
Mobile, Alabama, where it is engaged in processing natural bauxite
into aluminum oxide. This plant is alone involved in this proceed-
ing. Approximately 80 percent of the raw materials used at the
Mobile, Alabama, plant is shipped from points outside the State of
Alabama. Approximately 90 percent of the finished products is
shipped to points outside the State of Alabama.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Council of Aluminum Workers' Unions, affiliated
with the American Federation of Labor, is a labor organization admit-
ting to membership employees of the Company.
United Steelworkers of America, Local Union No. 320, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to June 1944, the petitioner was the exclusive bargaining
representative of the employees at the Mobile plant. On June 13,
1944, following an election 1 the Aluminum Workers of America, affili-
ated with the Congress of Industrial Organizations, hereinafter called
the A. W. A., was certified as exclusive bargaining representative of
the employees. Shortly before the-certification the A. W. A.; pursuant
to agreement, merged with the intervenor, and, following the certifica-
tion, the Company recognized the intervenor as successor to the
A. W. A. On April 12, 1945, petitioner advised the Company that it
represented a majority of the employees in the unit and requested
recognition. The Company refused to recognize the petitioner until
it had been certified by the Board.
On November 1, 1942, the A. W. A. had executed a master contract
with the Company covering all plants for which the A. W. A. was the
exclusive bargaining representative. On May 4, 1944, the A. W. A.
and the Company had begun negotiations for a new master contract.,
The parties had agreed that pending consummation of a new agree-
ment the existing contract would remain, in effect.
Upon succeeding the A. W. A. as bargaining representative, at the
Mobile, Alabama, plant, the intervenor agreed with the Company to
apply the master contract of November 1, 1942, to the Mobile plant,
pending consummation of a new master agreement which would like-
-1.56 N.-L. R. B. 498.
28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
wise cover the Mobile plant. On June 6, 1945, following a resolution
of numerous disputed issues by the National War Labor Board,2 a
new master agreement was executed which in terms applied to the
Mobile plant.
The intervenor contends that the pendency of disputed questions
before the War Labor Board for a period almost coextensive with its
certification should bar a present determination of representatives
under the doctrine enunciated in Matter of Allis-Chalmers Manufae
taring Company, 50 N. L. R. B. 306. However, it is apparent that
the contracting union, since its designation by the Board as exclusive
bargaining representative, has obtained many substantial benefits for
the employees at Mobile, Alabama; has fully enjoyed its rights under
the certification; and has had ample opportunity to demonstrate its
efficacy as bargaining representative.' Consequently we find that an
election at the present time will best effectuate the policies of the Act.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that petitioner represents a substantial number of
employees in the unit hereinafter found appropriate.,
We find that a question affecting commerce has 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
In accordance with a stipulation of the parties and in substantial
accord with our prior determinations,5 we find that all production and
maintenance employees at the Company's Mobile plant, including
analysts, samplers, and laborers in the laboratory department, order
clerks and laborers in the stores department, and head janitor, but
excluding guards, office and clerical employees, all other employees
of stores, laboratory, meter, and dispensary departments, shift en-
gineers in the powerhouse, and all or any other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
2 The history of submission of these matters to the National War Labor Board is detailed
in Matters of Aluminum Company of America, 61 N. L. R B 239 and,251 Final clarifica-
tion of the Directives of the National War Labor Board was made on or about April 19, 1945
a See Matter of Alumvaum Company of Aanei tea, supra.
4 The Field Examiner reported that the petitioner submitted 378 cards , all of which bore
apparently genuine original signatures, that the names of 278 persons appearing on the
cards were listed on the Company ' s pay roll of June 10, 1945, which contained the names
of approximately 548 employees in the appropriate unit , and that the cards' were dated as
follows February 1945-1, April 1945-240, May 1945-13, and 24 were undated.
5 Matters of Ainmanuna Ore Company, 56 N. L. It. B 498, and 31 N L R B 99.
ALUMINUM ORE COMPANY
V. TIIE DETERMINATION OF REPRESENTATIVES
29
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 appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Aluminum Ore
Company, Mobile, Alabama, an election by secret ballot shall be con-
ducted 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 Ar-
ticle III, Sections 10 and It, 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 preced-
ing 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 and
have not been rehired or reinstated prior to the date of the election,
to determine whether they desire to be represented by International
Council of Aluminum Workers' Unions, affiliated with the American
Federation of Labor, or by United Steelworkers of America, Local-
Union No. 320, affiliated with the Congress of Industrial Organiza-
tions, for the purposes of collective bargaining, or by neither.
MR. GERARD D. R4EILLY took no part in the consideration of the
above Decision and Direction of Election.