Calumet and Hecla Consolidated Copper Co.

National Labor Relations Board - Board Decisions

Sep 27, 1949

86 N.L.R.B. 126 (N.L.R.B. 1949)

III the Matter Of CALUMET AND HECLA CONSOLIDATED COPPER COM'
PANY (WOLVERINE TUBE DIVISION) ,1 EMPLOYER and INTERNATIONAL
UNION, UNITED AUToivKOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS'OF AMERICA, CIO, PETITIONER
In the Matter Of CALUMET AND HECLA CONSOLIDATED COPPER COM-
PANY (WOLVERINE TUBE DIVISON),1 EMPLOYER and LOCAL 558, IN-
TERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETI-
TIONER
In the Matter- of CALUMET AND HECLA CONSOLIDATED COPPER COM-
PANY (WOLVERINE TUBE DIVISION),' EMPLOYER and UNITED ASSO-
CIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND
PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA, LOCAL
UNION No. 760, PETITIONER
Cases Nos. 10-RC-616, 10-RC-605, and 10-RC-651, respectively.-
Decided September ^9,7, 1919
DECISION
AND
DIRECTION OF ELECTIONS
Upon petitions separately filed, an order of the Regional Director
consolidating the above cases was duly made and filed on June 24,
1949. The hearing on the consolidated case was held before Gilbert
Cohen, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Reynolds, Murdock, and
Gray].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations involved claim to represent employees
of the Employer.2
1 The name appears as amended at the hearing.
2 International Association of Machinists, Lodge No. 1500, and United Brotherhood of
Carpenters and Joiners of America, Local Union No. 1274, were permitted to intervene
upon the basis of a showing of representation.
86 N. L. R. B., No. 2&
126
CALUMET AND HECLA CONSOLIDATED COPPER COMPANY 127
3: A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. International Union, United Automobile, Aircraft and Agri-
cultural Implement Workers of America, CIO, hereinafter referred to
as the U. A. W., petitions for a unit of hourly rated production and
maintenance employees, excluding office and clerical employees, time-
keepers, time-study employees, sales employees, watchmen, guards,
nurses, engineers, draftsmen, and all other professional employees,
confidential employees, management representatives, and supervisors.
With the same basic exclusions, and additional categories to fit the
case, United Association of Journeymen and Apprentices of the
Plumbing and Pipe Fitting Industry of the United States and Can-
ada, Local Union No. 760, hereinafter referred to as the Pipe Fitters,
requests a unit of pipe fitters, including welders and one of three
group leaders in the maintenance department; United Brotherhood of
Carpenters and Joiners of America, Local Union No. 1274, hereinafter
referred to as the Carpenters, seeks a unit of carpenters and mill-
wrights including certain box makers, a saw filer in the machine shop,
and another of the three group leaders in the maintenance department,
Local 558, International Brotherhood of Electrical Workers, AFL,
hereinafter referred to as the Electricians, seeks a unit of maintenance
electricians. International Association of Machinists Lodge No. 1500,
initially contending for the same unit as the U. A. W., altered its posi-
tion at the hearing to the extent of requesting as an alternative, if craft
units were to be established, a unit of machinists, machine operators,
and certain other related personnel. It asked that in any event its
name be placed on all ballots.
The U. A. W. and the Employer oppose the establishment of separate
units of craft employees : the U. A. W. because of a contrary pattern
of collective bargaining on a plant-wide basis at another of the
Employer's plants, and the "inconveniences" to the collective bar-
gaining process inherent in a multiplicity of bargaining agents at a
single plant; 3 and the Employer because the work of the maintenance
employees and others is completely integrated with the production
process.
The Employer, a Michigan corporation, with its principal office in
Detroit, Michigan, is engaged in the manufacture of seamless copper
and copper-base alloy and other nonferrous metal tubing and tubular
products. It operates plants at Detroit, Michigan, and Decatur,Ala-
8 we have heretofore considered this latter contention and found it to lack merit, and
we so find now. See Matter of B. F. Goodrich Chemical Company, 84 N. L. R. B. 429;
Matter of Southern Paperboard Corporation, 80 N. L. R. B. 1456.
128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bama, in addition to maintaining warehouses in other locations. Only
the Decatur plant is involved in this proceeding. The process of
manufacture consists essentially of extruding metal billets cast at
the plant to form a seamless one-piece tube, which by successive re-
ductions under tension can be converted into different sizes of tubing.
The equipment and machinery in use is for the most part heavy duty
and is almost completely electrically powered or activated. Both
electric and gas furnaces are used for the annealing part of the manu-
facturing process and for the melting of the initial metal charges from
which the billets are cast.
There is no history of collective bargaining at the plant, which
apparently has been in operation only since the latter part of 1948.
The Employer's operations are departmentalized. Such depart-
mentalization is, however, not entirely functional but principally for
cost-control purposes. The Employer's engineering maintenance de-
partment 4 is designated as Department 72 and includes such classifica-
tions as pipe fitters, millwrights, carpenters, painters, welders, rod
braziers, oilers, and laborers, under the immediate supervision of a
foreman and assistant foreman. It further includes among its per-
sonnel three group leaders who instruct and assist all occupational
groups in the department. Electricians make up Department 86, and
the various classifications of machinists and machine operators are
distributed between Departments 73 and 74. Department 77 consists
of crib attendants and janitors.
The Employer has instituted no formal apprenticeship program for
any of the occupational groups sought to be separately represented as
craft groups. However, in classifications where more than one grade
of skill is employed, as in the case of millwrights and electricians,
the Employer indicated that there is a natural progression to the top-
most grade as the skill of the employees in the lower grades increases
under the tutelage of group leaders and foremen. Moreover, what is
fairly established by the record 5 is that the employees in the main-
tenance group are clearly more skilled than the production employees
and that it is the Employer's practice to hire for his maintenance
department employees with skill and experience adequate for the job to
be performed. In addition it should be noted that there is no dispute
among the parties as to the craft qualifications of the employees whose
separate representation is sought.
4 The word "engineering" is used by the Employer to distinguish the activities of this
department from the activities of the production department, and to signify that the engi-
neering services are essentially supporting services rather than direct production.
5 The only witness to testify at the hearing was the Employer's public and industrial
relations supervisor.
CALUMET AND HECLA CONSOLIDATED COPPER COMPANY ' 1.29
Pipe fitters. There are approximately seven employees in the re-
quested unit of pipe fitters. Performing the customary duties of pipe
fitters, they maintain and repair all pipes carrying liquids or gases
and install all connecting lines when equipment is rearranged or
moved. Their work is entirely restricted to pipe fitting; no other
group in the plant performs their work, and there is no interchange
between them and other groups of employees. We believe, under the
circumstances, that the pipe fitters are clearly an identifiable craft
group of employees.
The Pipe Fitters would include in their unit of pipe fitters the
welders employed in Department 72. These welders are graded as
second and third class, no first class welder, as such, being employed
at present. They are under the supervision of the foreman of ;De-
partment 72, and in common with the other maintenance employees
in that department, are instructed and assisted by the shift group
leader. The welders do all of the welding work incident to the loca-
tion and installation, or change-over of machinery and other equip
meat in the plant. There is nothing in the record to indicate that any
of the welders are permanently attached to the group of pipe fitters,
or spend even a substantial part of their time on pipe welding. Al-
though the Board has on occasion included welders in units of pipe
fitters or other craft groups where such welders spend a major portion
of their time doing welding for the particular craft group with which
they were associated,° in the absence of any such evidence in the rec-
ord, in this case, we shall exclude the welders from the unit requested
by the pipe fitters.'
Millwrights and carpenters. The millwrights sought by the Car-
penters as part of its unit are classified as first, second, and third class
millwrights and helpers, principally upon the basis of skill, efficiency,
and responsibility of work assigned. Millwrights are called upon to
install, move, set and reset all equipment and machinery, read blue-
prints, and generally perform all duties customarily connected with
the work of millwrights. In addition to the foregoing classification,
there is a classification of millwrights known as "tong and draw
bench repair millwrights." These millwrights devote approximately
80 percent of their time to the maintenance and necessary running
repairs to draw benches, and the remainder of their time to the same
work as the other millwrights.
The carpenters in the requested unit cut and fit woodwork neces-
sary to the facings on draw benches, trucks, and on any production
6 See Matter of St. Regis Paper Company (Kraft Pulp Division ), 80 N. L , R. B. 570
Matters of Reynolds Metals Company , 85 N. L. R. B. 110.
1 See Matter of Weyerhaeuser Timber Company , 82. N. L . R. B. 820.
130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
equipment that requires protective wood cushioning. In addition
they perform all of the carpenter maintenance work throughout the
plant, including the arrangement and rearrangement of partitions and
frames. Although the carpenters do not perform any of the work of
the millwrights, the evidence shows that in the performance of their
duties, they are associated closely with the millwrights.
The close association of millwrights and carpenters is characteristic
of the two groups, and the Board has often found a unit of both to
be appropriate for collective bargaining purposes s We find there-
fore that the requested unit may be appropriate.
Bow makers. The Carpenters also seeks to include in their unit a
number of box makers, who constitute Department 62, and an employee
in Department 73 classified as saw filer. The box makers work under
the supervision of the foreman in the shipping department of which
they are, in fact, considered to be a part, and engage solely in the
production of wood boxes for the shipping department. Although
some of the boxes are made to specifications, most of them are of stand-
ard pattern. The Employer contends that the box makers are neither
required to have, nor possess, the skill of carpenters, and that no
carpenters are ever hired to do the work of box makers. Under the.
circumstances, we are of the opinion that box makers do not possess
sufficient skill to be included in the same voting group with the
carpenters.
Saw filer. The saw filer, who is on the roster of employees in the
machine shop, Department 73, works under the supervision of the
foreman of that department. His duties require him to see that all the
various saws used in the many cutting processes during the fabrication
of the tubing are sharp, in constant repair, and properly aligned. He
makes use principally of a small saw filing machine located in the
machine shop, and his work requires him to exercise a good deal of
manual skill. In view of the foregoing, therefore, we are of the
opinion that his interests are more closely allied to the machinists,
rather than to the carpenters, for which reason we shall exclude him
from the Carpenters' voting group, and include him in the machinists'
group.
Machinists. As previously indicated, the I. A. M. now also contends
that an appropriate unit would consist of all the machinists, machinists'
helpers, machine operators, tool hardener, and other related classifica-
tions in Department 73, the machine shop ; the chrome plater and pin
and die makers in Department 74, a subsection of Department 73, and
8 See Matter of Certain-Teed Products Corporation, 78 N. L. R. B. 910 ; Matter of
Carbide and Carbon Chemicals Corporation , 73 N. L. R . B. 881.
CALUMET AND HECLA CONSOLIDATED COPPER COMPANY 131-
the crib attendants in Department 77. There appear to be approxi
mately 33 employees in the requested unit including 2 group.leaders.
The machinists and the machine operators in Department 73 fabricate
the working tools peculiar to the Employer's operations and the parts
and replacements for its equipment based upon the engineers' draw--
ings and specifications. The pin and die. makers in Department 74,
repair, rework, and refinish the circular dies and pins used in, the
draw benches for the extrusion operations. The chrome platers repair
and replate worn' and damaged tools. All employees,. except the'tool
crib attendants, who are an adjunct to the machine shop,9 use the
precision instruments customary to their trade and they work to close'
tolerances. In line. with necessity and its hiring policies, much of the-
personnel in the departments were employed as fully qualified crafts-
men for their particular jobs. , The machinists were hired as journey-
men machinists and are said to have the experience and qualifications
necessary to perform any of the tasks customarily performed by
journeymen machinists. Some of the machinist operators who were
hired without having the maximum skill desired are given less exacting
work to perform and work under close supervision of foremen or group
leaders until fully competent. There is frequent temporary inter-
change among the employees in these departments, and although there
are some permanent transfers from other skilled groups of employees,
there is no interchange with such other groups. Most of the work is
confined to the machine shop. All employees, including crib attendants
in Department 77, are under the same supervision. Under the circum-
stances, we are of the opinion that the employees in Departments 73
and 74 and the tool crib attendants 10 constitute a machine shop craft
group of the kind to which the Board has frequently accorded separate
representation n
Electricians. Approximately 11 electricians comprise the electrical
department. Although separately numbered as Department 86, they
are considered to be part of the engineering maintenance department
and one of the supporting services to the mill operations. They are
grouped in 3 classifications, depending upon skill, experience, effi-
ciency, and responsibility of work assigned. Illustrative of this
grouping is the fact that electricians first class must be capable of
handling electrical current loads of highest voltage coming into the
9 The only, others in Department 77 are janitors who are under separate supervision
and work throughout the plant. The IAM does not seek to include them in the machinist
group.
10 See Matter of Signode Steel. Strapping Company, 83 N. L. R. B. 184.
11 Matter of E. I. Dupont de Nemours, 83 N. L. R. B. 865 ; Matter of General Electric
Company ( Lynn River Works ), 81 N. L. R. B. 1010 . See also Matter of General Electric
Company, 82 N. L. R. B. 722.
132 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant, whereas an electrician third class is normally assigned to work
only on the lowest voltages.
The electricians are under the exclusive supervision of their own
departmental foreman. They maintain and service all electrical
equipment and installations and electronic controls in the plant, with
the possible exception of certain electrical instruments. They are
capable of reading and working from blueprints. Although they are
required to make certain checks and inspections as part of their duties,
their work is neither regular, repetitious, nor routine. They perform
all of the electrical work in the plant and are not interchanged with
any other group of employees. The record is clear that they exercise
all of the skills customarily exercised by their craft. Accordingly, we
find that the electricians here involved are a skilled, well-defined, and
homogeneous craft group 12
The Board has frequently held that groups of well-defined and
skilled craft employees may sever from units of production and main-
tenance employees notwithstanding a history of collective bargaining
on a broader basis. In the instant case there is no history of collective
bargaining at the Decatur, Alabama, plant, and the contention of the
U. A. W. that the history of collective bargaining at the Detroit plant
is determinative of the issue of separate representation in the present
circumstances is not persuasive. As for the contention of the Em-
ployer that the work of the maintenance and other skilled groups of
employees is so integrated in the production process as to compel a
denial of a claim for separate representation, whatever degree of inte-
gration may be present in this case it is not, we believe, sufficient to
deny the various groups separate representation." Accordingly, we
find that the groups of pipe fitters, carpenters and millwrights, the
machinists and related classifications, and the electricians may each
constitute separate units for the purposes of collective bargaining.
Group leaders. There are some 18 group leaders employed through-
out the plant, 3 of whom serve as group leaders for the maintenance.
department. The Employer maintains that none of the group leaders.
exercise any of the authorities sufficient to constitute them supervisors,,
and the testimony at the hearing revealed no affirmative evidence to
the contrary. As group leaders they assist in setting up machinery
and equipment, in interpreting orders emanating from the foremen,
in handling stock and getting needed tools, in correcting machine
set-ups and in keeping some written records.
Of the three group leaders employed in Department 72,' the Pipe
Fitters seeks to represent, as part of its unit, group leader Kenneth
I Matter of John F. Jelke Company, 83 N. L. R. B. 442.
" Matter of Aluminum Ore Company, 85 N. L. R. B. 121 ; Matter of Reynolds Metals
Company, supra.
CALUMET AND HECLA CONSOLIDATED COPPER COMPANY 133
Sneed, who prior to becoming a group leader was classified as welder
first class. The Carpenters, on the other hand, seeks to represent
group leader Clifton S. Lanier, formerly classified as millwright first
class, but does not wish to represent group leader Norman L. Spark-
man, also classified as millwright before being advanced to group
leader status. The three group leaders devote the major part of their
time to instructing and assisting the pipe fitters, millwrights, welders,
and other employees in the maintenance department. Each group
leader works a different shift. When not engaged in their duties as
group leaders, they do maintenance work, each group leader making
use of his basic skill.
In view of the fact that they spend as much time in instructing one
craft group as another, and therefore that their interests are not lim-
ited to the craft group which seeks to represent them, we believe that
under the circumstances of this case group leaders Kenneth Sneed and
Clifton S. Lanier are not sufficiently identified with the respective
groups as to be properly included therein. It follows, therefore, that
group leaders Kenneth Sneed and Clifton S. Lanier, along with group
leaders Norman S. Sparkman, fall into the residual production and
maintenance group.
We have found that the respective groups of employees hereinabove
considered may constitute separate units for the purposes of collective
bargaining. However, as they may, with equal propriety, be included
in a plant-wide unit of production and maintenance employees, we
shall make no final determination with respect to the appropriate unit
or units for employees at the Employer's Decatur, Alabama, plant,
until after separate elections shall have been held among the em-
ployees in the following voting groups, excluding from each group all
other employees, but specifically office and clerical employees, time-
keepers, time-study employees, sales employees, watchmen, guards,
nurses, engineers, draftsmen, and all other professional employees,
confidential employees, management representatives, and supervisors
as defined in the Act :
1. All pipe fitters.
2. All carpenters and millwrights including the tong and draw
bench repair millwrights and millwright helpers.14
3. All classifications in Departments 73, 74, and 77 including the
saw filer, but excluding the janitors.
4. All electricians.
5. All remaining production and maintenance employees.
14 Although millwright helpers on occasion assist other crafts, it appears quite clearly
that they spend most of their time as millwright helpers.
867351-50-vol. 86-10
134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS l5
As part of the investigation to ascertain representatives for the pur-
poses 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 super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
voting groups described in paragraph 4, above, who were employed
•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 tempo-
rarily laid off, but excluding those employees who have since quit or
been discharged for cause and have not been rehired or reinstated
prior to the date of the elections, and also excluding employees on
strike, who are not entitled to reinstatement, to determine whether :
(1) The employees in voting group 1 desire to be represented,
for the purposes of collective bargaining, by United Association of
Journeymen and Apprentices of the Plumbing and Pipe Fitting In
-dustry of the United States and Canada, Local Union No. 760, or by
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, CIO, or by International Association
of Machinists, Lodge No. 1500, or by none.
(2) The employees in voting group 2.desire to be represented, for
purposes of collective bargaining, by Brotherhood of Carpenters and
Joiners of America, Local Union No. 1274,16 or by International Union,
United Automobile, Aircraft and Agricultural Implement Workers
of America, CIO, or by International Association of Machinists, Lodge
No. 1500, or by none.
(3) The employees in voting group 3 desire to be represented, for
purposes of collective bargaining, by International Association of
Machinists, Lodge No. 1500, or by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
CIO, or by neither.
15 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.
16 The compliance status of Local Union No. 1274, Brotherhood of Carpenters and Joiners
of America having lapsed the Regional Director is herewith instructed to delete the name of
the said Local from the ballot in the election directed herein for the employees in voting
group 2, and thereupon the employees in voting group 2 shall become part of, and shall
otherwise be eligible to vote with , the employees in voting group 5, if Local No. 1274,
Brotherhood of Carpenters and Joiners of America has not, within 2 weeks from the date
of this Decision and Direction of Elections, renewed its compliance with Section 9 (f),
(g), and (h). No election shall be scheduled within the 2-week period allowed until and
unless compliance has been determined.
CALUMET AND HECLA CONSOLIDATED COPPER COMPANY 135
(4) The employees in voting group 4 desire to be represented, for
the purposes of collective bargaining , by Local 558, International
Brotherhood of Electrical Workers, AFL, or by International Union,
United Automobile , Aircraft and Agricultural Implement Workers
of America , CIO, or by International Association of Machinists,
Lodge No. 1500, or by none.
(5) The employees in voting group 5 desire to be represented, for
purposes of collective bargaining , by International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, CIO, or by International Association of Machinists , Lodge No.
1500, or by neither.