American Cyanamid Co.

National Labor Relations Board - Board Decisions

Sep 29, 1954

110 N.L.R.B. 89 (N.L.R.B. 1954)

AMERICAN CYANAMID COMPANY 89
the welders herein involved are exercising true craft skills which would
warrant their severance from the existing production and maintenance
unit, and we therefore deny their unit request with respect to these em-
ployees.
Moreover, there is nothing in the record, we find, to indicate that any
of the foregoing inappropriate units requested by the Petitioner is
rendered appropriate by combination with any other of such units.
Accordingly, we shall dismiss the petition.
[The Board dismissed the petition.]
AMERICAN CYANAMID COMPANY, ORGANIC CHEMICALS DIVISION 1 and
DISTRICT #61, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL,
PETITIONER. Cases Nos. 4-RC-2279 through 4-RC-22993. Sep-
tember 29, 1954
Decision , Order, and Direction of Elections
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
Eugene M. Levine, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.2
Upon the entire record in this case, the Board finds : s
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. Questions affecting commerce exist concerning 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 Petitioner seeks to sever from an existing production and
maintenance unit at the Employer's Bound Brook, New Jersey, plant,
1 The name of the Employer appears as amended at the hearing.
2 At the hearing the Petitioner amended the petitions in Cases Nos . 4-RC-2272 and
4-RC-2282 to include the employees which were the subject of the petitions in Cases Nos.
4-RC-2289 and 4-RC-2292, and moved that it be permitted to withdraw the latter two
petitions . The motion is hereby granted.
The hearing officer referred to the Board a motion by the Intervenor to dismiss the
petitions on the ground that the Petitioner's ultimate purpose is to establish itself as the
representative of the maintenance department employees The Intervenor relies on Mills
Industries, Incorporated, 108 NLRB 282 . However, in that case , the Board held that the
Petitioner was attempting to utilize the Board ' s craft severance doctrine to reestablish
itself as the representative of a production and maintenance unit which it formerly rep-
resented , rather than to establish itself as a craft representative . Here, no such situation
is present . The Petitioner at no time in the past represented these employees on any
basis. We therefore regard the facts relied on by the Intervenor as irrelevant to our
determination, and deny the motion.
8 The Petitioner 's request for oral argument is denied because the record and the briefs
adequately present the issues and the positions of the parties . In denying the Petitioner's
request for oral argument, the Board did not rely on the Intervenor's reply brief, which
the Petitioner moved to strike as improper under the Board 's Rules and Regulations.
110 NLRB No. 17.
90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
18 separate craft units, and the employees in the powerhouse depart-
ment, including in each craft unit, helpers and apprentices. At the
hearing, the Petitioner made alternative requests to represent the em-
ployees involved in a single maintenance unit, with or without the
powerhouse employees, or to represent in a residual unit any employ-
ees or helpers who may not be severed as craftsmen. The Employer
and Local 111, International Chemical Workers Union, AFL, Inter-
venor herein, contend that the requested units are inappropriate, and
that only the plantwide production and maintenance unit currently
represented by the Intervenor is appropriate. The current contract
between the Intervenor and the Employer is not urged as a bar to
this proceeding.
The Employer is engaged in the manufacture and sale of chemicals
and chemical products. About 2,500 different products are manufac-
tured at its Bound Brook plant. Of the approximately 3,900 em-
ployees at the plant, about 1,500 are hourly paid production employees
and approximately 600 are maintenance employees. The complete
Bound Brook installation covers an area of about 555 acres. The main
production facilities are located on a 175-acre tract on which there are
about 48 major buildings. The production facilities are divided into
eight areas, according to production functions. Supervision of the
employees in question is vested in a superintendent of maintenance
and construction, and three of his immediate subordinates. These
subordinates are the superintendent of construction, under whom ap-
proximately 130 maintenance men work; the superintendent of area
maintenance, who supervises approximately 270 maintenance men as-
signed to the 8 production areas and a ninth maintenance group; and
the superintendent of central maintenance, wherein most of the re-
maining maintenance employees work. The employees assigned to
central maintenance work 55 percent of the time in central mainte-
nance, and 45 percent of the time throughout the 9 areas. There are
also various categories of maintenance employees working in the plas-
tics department, and in the research and development department,
under maintenance supervisors who report to the respective depart-
ment heads.
Machinists
The Petitioner requests a unit of all machinists, toolroom mechan-
ics, toolroom attendants, tooldressers, their helpers and apprentices,
and the metalizer. There are approximately 10 machinists and 2 ap-
prentices. The machinists perform a wide range of machining op-
erations in the maintenance and repair of tools and equipment. The
Employer maintains a formal apprenticeship program for machinists,
and requires 4 years' experience for progression to machinist. The
toolroom mechanics make tools, dies, and fixtures for use by the
machinists and other maintenance employees. The machining opera-
AMERICAN CYANAMID COMPANY 91
tions which their duties require, involve somewhat closer tolerances
than those performed by the machinists. The Employer requires 4
years of prior experience for its toolroom mechanics. The metalizer
repairs tools and equipment by a process which involves spraying the
parts with molten metal, and reshaping them by machining to the
proper dimensions. The Employer and the Intervenor do not dispute
the craft status of the machinists, toolroom mechanics, and the metal-
izer , but urge that the unit requested is inappropriate, because it
constitutes a multicraft grouping. We find no merit in this conten-
tion. These employees work under the same supervisor, the machine
shop foreman, and perform closely related functions involving the
skills of the machinist craft. As their duties regularly require the
exercise of their craft skills, and they are sought by a labor organiza-
tion which historically and traditionally represents them, we find that
the machinists and their apprentices, the toolroom mechanics, and the
metalizer may constitute a separate appropriate unit if they so desire .4
The tooldresser grinds and sharpens tools. Although this work
requires some proficiency, it is considerably less skilled than that of
the toolroom mechanics. Moreover, tooldressers are not in the line
of progression of any craft. The toolroom attendant maintains the
inventory of tools and dispenses tools, and needs only a few months'
experience to perform this work. We therefore exclude the tooldresser
and toolroom attendants from the craft unit of machinists found ap-
propriate herein.
Instrument Mechanics
The Employer's instrument mechanics are responsible for the instal-
lation and maintenance of a great variety of measuring instruments,
ranging from simple thermometers to delicate electronic devices. The
variety and complexity of the instruments involved in the Employer's
operations appear to require the nonrepetitive exercise of precision
skills by these employees. There is a 4-year apprenticeship program
for instrument mechanics. In these circumstances, we find that the
Employer's instrument mechanics are craft employees .5 As they are
sought by a union which historically and traditionally represents this
type of employee, they may constitute a separate appropriate unit,
if they so desire.
Scale Mechanics
The Employer employs five first-class scale mechanics, who work
out of the central maintenance group. They are responsible for all
maintenance and repair of scales throughout the plant, and perform
no other work. The Employer maintains a 4-year apprenticeship
' We also include the machinist located in the plastics department , for although his
duties are not described in detail in the record , his duties and craft skills are apparently
the same as those of the machinists discussed.
6 The General Tire and Rubber Company, 106 NLRB 246.
92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
program for its scale mechanics . As the duties and functions of the
scale mechanics involve the performance and use of the skills for
which they are trained , we conclude that the scale mechanics are
craft employees . As they are sought by a union which has historically
and traditionally represented this type of employee , they may con-
stitute a separate appropriate unit if they so desire.
Millwrights
The Petitioner *requests a separate unit of all millwrights , boiler-
makers, and their apprentices and helpers . There are approximately
25 millwrights , and about 11 millwright apprentices in a 4-year
apprenticeship program. It is clear from the record that the mill-
wrights possess and exercise the skills of journeymen craftsmen in
performing the usual functions of their craft . As they are sought by
a union which historically and traditionally represents them, we find
that the millwrights and their apprentices may constitute a separate
appropriate unit, if they so desire.
The 1 boilermaker employed spends about 40 percent of his time
performing millwright work. There are no boilermaker apprentices.
The boilermaker does not possess the skills of a journeyman mill-
wright, nor does he perform all of the duties performed by the mill-
wrights. He is not in the line of progression to the millwright craft.
The boilermaker may not, therefore , be included in the craft unit of
millwrights.
The Employer contends that because of the existence outside the
millwright group of the boilermaker and other employees known as
"area mechanics ," who also perform some millwright work, the unit
of millwrights may not be appropriate because it encompasses only
a segment of those employees exercising millwright skills. The area
mechanics perform pipefitting work approximately 55 percent of the
time, millwright work about 35 percent of the time , and various types
of rough maintenance work during the remaining time. The area
mechanics possess and utilize a number of the skills of both the pipe-
fitter and millwright craft, but it is undisputed that they do not possess
sufficient skills to qualify as journeymen craftsmen in either classifica-
tion . There is no apprenticeship program for area mechanics, and
they are not in line of progression to the millwright craft, or to any
other craft . In view of these factors , we will not include the area
mechanics in the millwright group. As the boilermaker and the area
mechanics do not possess journeymen millwright skills , and spend a
minor portion of their time performing millwright work, their exist-
ence outside the millwright unit does not preclude severance of the
millwright craft unit.
AMERICAN CYANAMID COMPANY 93
Pipecoverers, Truck and Auto Mechanics, Oilers, Riggers, and
Transitmen
The Petitioner seeks separate craft units of pipecoverers, truck and
auto mechanics, oilers, riggers, and transitmen.
The 10 pipecoverers apply various types of insulation to pipes and
boilers. There is no indication that the work requires skills of a craft
nature, and there is no apprenticeship program for pipecoverers.
Employees have been advanced to pipecoverer as needed after 3 or 4
years of working as general helpers with various categories of main-
tenance employees. The truck and auto mechanics work in a garage
located in the central maintenance shop, and are engaged generally in
the maintenance and repair of the Employer's automotive equipment,
diesel combustion engines, cranes, and similar equipment. The ap-
proximately 12 oilers lubricate production equipment according to
a prearranged schedule, using about 20 different lubricants. Their
duties require no special skills, and the experience necessary to per-
form their work can be gained in about 1 month. The riggers per-
form the usual functions of their classification in both maintenance
and construction work. The Employer indicates that an employee can
become an acceptable rigger in about 1 year, without previous ex-
perience, and there is no apprenticeship program for riggers. The
Employer has 1 transitman, 1 junior transitman, and 1 rod- and chain-
man. These three employees work together in making field measure-
ments and surveying sites for prospective construction projects.
There is no apprenticeship program for these employees, and no
systematic progression from one class to another. It requires about
18 months of experience to become a transitman, about 1 year to
qualify as a junior transitman, and 3 months to become a rod- and
chain-man. On the basis of the foregoing and the record as a whole,
we conclude that the pipecoverers,s oilers, riggers,? transitman,8 and
truck and auto mechanics 9 are not craft employees of the type deemed
severable by the Board under its established policy.
Blacksmiths
The Petitioner also requests a craft unit of all blacksmiths and
their helpers and apprentices. The Employer has only one black-
smith, and there is no blacksmith apprenticeship program. The black-
6 The General Tire and Rubber Company, 106 NLRB 246.
7 American Potash & Chemical Corp., 107 NLRB 1418
8 Appalachian Electric Power Co , 91 NLRB 1376, 1378.
9 Gulf Oil Corporation , 108 NLRB 162; Pennsylvania Greyhound Lines, Inc., 107 NLRB
1621. Although there is an apprenticeship program for truck and auto mechanics the
Board has not regarded that fact as sufficient to support a craft finding for these classi-
fications Gulf Oil Corporation, supra
94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
smith has no regularly assigned helper, but is assigned various helpers
from a pool of general helpers. These helpers are not in the line of
progression to blacksmith, and work throughout the plant with other
categories of maintenance employees. In these circumstances, none
of the helpers may be included in the unit with the blacksmith. As-
suming the blacksmith to be a craftsman, the unit requested is inap-
propriate, as it includes only one employee.lo
Helpers
The Petitioner seeks to include in each requested craft unit all
helpers working with the alleged craftsmen, or to represent the helpers
in a residual unit if they may not be included in the various craft units.
The Employer has 38 employees whom it classifies as general helpers.
None of the general helpers are assigned to work regularly with any
particular category of maintenance employees, and they are not in
the line of progression to any of the maintenance classifications. They
are assigned to work with various groups of employees, depending
upon where their services are required. The helpers are therefore
unlike those normally included in craft units. Accordingly, the
helpers may not be included in any of the groups of craftsmen found
severable herein."
Painters, Carpenters, Sheet Metal Workers, Electricians, Welders,
Pipefitters, Lead-Burners, and Masons
The Petitioner requests separate craft units for painters, carpenters,
sheet metal workers, electricians, welders, pipefitters, lead-burners,
and masons, and also a separate unit of the powerhouse department
employees. In the American Potash d Chemical Corporation case,"
the Board stated that severance of a craft group would not be per-
mitted unless the union seeking to represent the craft group has his-
torically and traditionally represented that craft. The Board has
held that the Petitioner is not the historical and traditional repre-
sentative of painters, carpenters, sheet metal workers, electricians,
welders, and pipefitters.la Our experience in dealing with requests
for craft severance also convinces us that the Petitioner does not his-
torically and traditionally represent lead-burners, masons, or power-
house employees. Accordingly, we shall dismiss the petitions for
10 Fritzsche Bros . Inc., 107 NLRB 889.
11 Virginia-Carolina Chemical , 101 NLRB 1336, 1338.
12 Supra, footnote 7.
13 Forstmann Woolen Co., 108 NLRB 1439; Campbell Soup Company, 109 NLRB 475.
For the reasons stated in his dissenting opinion in Campbell Soup Company, 109 NLRB
475, Member Rodgers does not agree with the disposition of the petitions seeking units of
welders and lead-burners . However, he deems himself bound by the decision of the
majority in that case.
AMERICAN CYANAMID COMPANY 95
painters, carpenters, sheet metal workers, electricians, welders, pipe-
fitters, lead-burners, and masons.
Additional Findings
We find, in addition, that the overall maintenance unit requested
alternatively is inappropriate in view of an effective history of col-
lective bargaining for these employees of over 10 years as part of
the existing production and maintenance unit.14 Similarly, there is
no basis under Board policy for severing an arbitrary and hetero-
geneous segment of noncraft maintenance employees and helpers from
the unit in which they are currently represented, and establishing
them as a residual unit.15
In accord with the foregoing determinations, we will direct that
separate elections be held in the following groups of employees of
the Employer at its Bound Brook, New Jersey, operation, excluding
from each group all other employees and supervisors as defined by the
Act :
(1) All machinists and their apprentices, toolroom mechanics, and
the metalizer.
(2) All instrument mechanics and their apprentices.
(3) All scale-mechanics and their apprentices.
(4) All millwrights and their apprentices.
If a majority of the employees in voting groups (1), (2), (3),
or (4), vote for the Petitioner, they will be taken to have indicated
their desire to constitute separate appropriate bargaining units, which
the Board finds, under the circumstances, to be appropriate for pur-
poses of collective bargaining, and the Regional Director conducting
the elections is instructed to issue a certification of representatives to
the Petitioner for such unit or units. If a majority of the employees
in voting groups (1), (2), (3), or (4) vote for the Intervenor, such
voting group or groups may be represented as part of the existing
production and maintenance unit and the Regional Director will issue
a certification of results of election to such effect.
[The Board dismissed the petitions in Cases Nos. 4-RC-2280,
4-RC-2283, 4-RC-2286, 4-RC-2287, 4-RC-2290, 4-RC-2291, 4-RC-
2273, 4-RC-2274, 4-RC-2275, 4-RC-2276, 4-RC-2277, 4-RC-2278,
4-RC-2279, 4-RC-2281, 4-RC-2285, 4-RC-2289, and 4-RC-2292.]
[Text of Direction of Election omitted from publication.]
MEMBER MURDOCK took no part in the consideration of the ab„ve
Decision, Order, and Direction of Elections.
14 National Aniline Division, Allied Chemical and Dye Corporation , 102 NLRB 129, 132.
15 Pennsylvania Greyhound Lines, Inc ., 107 NLRB 1621.