American Can Co.

National Labor Relations Board - Board Decisions

Jul 7, 1944

57 N.L.R.B. 104 (N.L.R.B. 1944)

In the Matter of AMERICAN CAN COMPANY and INTERNATIONAL Asso-
CIATION OF MACHINISTS, A. F. OF L.
In the Matter of AMERICAN CAN COMPANY and UNITED STEELWORKERS
OF AMERICA, C. I. O.
'Cases Nos. 14-R-954 and 14-R-960, respectively. Decided July 7,
1944
y, ,
Messrs. John F. Spence and T. J. Goda, of Terre Haute, Ind., and
Mr. Byron R. Jackson, of Chicago, Ill., for the Company.
Mr. W. C. Riley, "of St. Louis, Mo., and Mr. Charles R. Miller, of
Indianapolis, Ind., for the I. A. M.
Mr. Phillip M. Curran, of Pittsburgh, Pa., and Mr. John Rusak, of
Indianapolis, Ind., for the U. S. A. ,
Mr. Louis`Cokin, of counsel to-the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE '
Upon separate petitions duly filed by International Association of
Machinists, A. F. of L., herein called the I. A: M., and United Steel
workers of America, C. I. 0., herein called the U. S. A., alleging that
questions affecting commerce had arisen concerning the representation
of employees of American Can Company, Terre Haute, Indiana, herein
called the Company, the National Labor Relations Board consolidated
the cases and provided for an appropriate hearing upon due notice
before Helen F. Humphrey, Trial Examiner. Said hearing was held
at Terre Haute, Indiana, on June 5,1944. The Company, the I. A. M.,
and the U. S. A. appeared, participated,,and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
• introduce evidence bearing on the issues. During the course of the
hearing counsel for the U. S. A. moved to dismiss the I. A. M.'s petition.
The Trial Examiner reserved ruling thereon. The "motion is hereby
denied. The Trial Examiner's rulings made at the hearing are free-
from prejudicial error and are hereby affirmed. All parties were af-
forded opportunity to file briefs with the Board.
57 N. L. R. B., No. 20.
104
AMERICAN CAN COMPANY 105
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Can Company is a New Jersey corporation operating a
plant at Terre Haute, Indiana, where it is engaged in the manufacture
of metal containers. During 1943 the Company. used raw materials
at its Terre Haute plant valued at about $1,750,000, 72 percent of which
was shipped to it from points outside the State of Indiana. During
the same period the Company manufactured products at its Terre
Haute plant valued at about $2,375,000, approximately 72 percent of
which was shipped to points outside the State of Indiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act. 'I I
H. THE ORGANIZATIONS INVOLVED
International Association of Machinists is a labor organization affili-
ated with the American Federation of Labor, admitting to membership
employees of the Company.
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 QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize the I. A. M. or the U. S. A. as the
exclusive collective bargaining representatives of 'any of its employees
until they are certified by the Board.
A statement of a Field Examiner of the, Board, introduced into evi-
dence at the hearing, indicates that the I. A. M. and the U. S. A. each
represents a substantial number of employees in the unit alleged by
each to be appropriate."
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 U. S. A. claims as appropriate for collective bargaining a single
industrial unit at the Terre Haute plant of the Company, excluding
' The Field Examiner reported that the U . S. A. presented 74 membership application
cards bearing apparently genuine signatures of persons whose names appear on the April 3,
1944, pay roll of the Company . He further reported that the I . A. M presented 16 authori-
zation cards bearing apparently genuine signatures of persons on that pay roll. There are
approximately 146 and 16 employees , respectively , in the units claimed by the U. S. A. and
the I. A. M.
I
106 DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD
clerical and supervisory employees. The I. A. M. claims aIs appropriate
a unit composed of all employees in the machine shop, including lnill-
wriglits, but excluding clerical and supervisory employees. The Co1n-
pany is in accord with the posit ion of the U. S. A.
There has been no- previous history of collective bargaining at
the Terre Haute plant of the Company. The machine shop is physi-
cally separated from other departments of the Company, -and,.the.
employees therein are under the supervision of a separate foreman.
The employees in the machine shop possess a greater degree of-skill,
and training than the regular production and maintenance employees
and receive a higher rate of pay. There is no interchange between,
the employees in the machine shop and those of other departments..
We have frequently found that employees' similar to those whom the
I. A. M. seeks to represent herein constitute a cohesive and identifiable
group ; 2 we have also held that such employees might well be included
within an industrial unit.3 Accordingly, we find that employees in
the machine shop may properly constitute a separate bargaining unit
or function with equal effectiveness as a part of an industrial unit.
The I. A. M. would include the millwrights with the machime-shop
employees. The millwrights perform repairs upon installations,
throughout the plant and their headquarters is in a separate room.
Although they possess a higher degree of skill than the regular pro-
duction employees, such skill is less than that of the machinists. Mill-
wrights are paid a lower rate of pay than the machinists and work
tinder the supervision of a different foreman. We find that their
iiterests and working conditions are sufficiently similar to those of the
employees other than those in the machine shop to justify their in-
clusion in the production unit.
With respect to the employees in the machine shop, we shall make
no final determination as to the appropriate unit or units at this
time. In this situation, we shall permit the scope of the bargaining
unit or units to be determined in part by the ,results of separate,
elections . In accordance with 'our finding that these employees may
function either as a separate unit or as-a part of a single industrial
unit , we shall direct that the questions concerning representation,
which have arisen be resolved by separate elections by secret ballot.
The U. 'S. A. requests that the pay roll of April 3,-1944, be used to
determine eligibility to vote. Inasmuch as no persuasive reason
appears for departing from our usual practice, we shall direct that
the employees eligible to vote shall be those in' the groups described
below who were employed during the pay-roll period immediately-
preceding the date of our Direction of Elections herein, subject to the,
limitations and additions set forth, in the Direction.
12 Matter of General Batteries, Inc, 27 N L R B. 1021
a Matter of American Steel Foundries , 51 N L. R. B 78
AMERICAN CAN COMPANY 107
Group 1: all production and maintenance employees at the Terre
Haute plant of the Company, including millwrights, but excluding
employees in the machine shop, clerical employees, and all supervisory
employees with authority- to hire, promote, discharge, discipline,, or
-otherwise effect changes in the status of employees, or effectively
recommend such-,action.
Group 2,: all employees in the machine shop at the Terre Haute
plant of the Company, excluding millwrights, clerical employees, and
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action.
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 Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain represen-
tatives -for "the pu rposes of collective bargaining with American Can
Company, Terre Haute,, Indiana, separate elections 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 Fourteenth 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 Regula-
tions, among the following groups of employees of the Company 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
any who have -since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election :
(1) To determine whether the employees in the Machinists' group
described in Group 2 of. Section IV, above, desire to be represented
by International Association of Machinists, A. F. of L., or by United
Steelworkers of America, C. I. 0., for the purposes of collective bar-
gaining, or by neither; -
(2) To determine whether or not the remaining employees, de-
scribed in Group 1 of Section IV, above, desire to be represented by
United Steelworkers of America, C. I: 0., for the purposes of collective
bargaining.. -