Calumet & Hecla Consolidated Copper Co.

National Labor Relations Board - Board Decisions

Nov 9, 1950

92 N.L.R.B. 33 (N.L.R.B. 1950)

In the Matter of CALUMET & HECLA CONSOLIDATED COPPER COMPANY
(WOLVERINE TUBE DIVISION) and INTERNATIONAL UNION, UNITED
AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA C. I. O.
Case No. 10-CA-933.-Decided November 9, 1950
DECISION AND ORDER
Upon a charge filed on January 9, 1950, by United Automobile,
Aircraft and Agricultural Implement Workers of America, CIO,
herein called the Union, the General Counsel of the National Labor
Relations Board, herein called the General Counsel, by the Regional
Director of the Tenth Region, issued a complaint dated August 7, 1950,
against Calumet & Hecla Consolidated Copper Company (Wolverine
Tube Division), herein called the Respondent, alleging that the Re-
spondent had engaged in, and was engaging in, unfair labor practices
affecting commerce, within the meaning of Section 8 (a) (1) and (5)
and Section 2 (6) and (7) of the Act. Copies of the complaint, the
charge, and notice of hearing were duly served upon the Respondent
and the Union.
With respect to the unfair labor practices, the complaint alleges in
substance : That on or about December 9, 1949, and at all times there-
after, the Respondent refused to bargain collectively with the Union
as exclusive bargaining representative of all the employees in the
appropriate units, although a majority of said employees had selected
the Union as their collective bargaining representative. The Respond-
ent filed an answer, admitting certain allegations of the complaint
but denying it had engaged in any unfair labor practices.
Thereafter, all the parties, being desirous of obviating the necessity
of. a hearing herein, entered into a stipulation. which set forth an
agreed Statement of Facts. The stipulation provided that the parties
waived their rights to a hearing before a duly authorized Trial
Examiner; that the Board make findings of fact and conclusions of
law, and issue an order based upon the agreed facts; and that the
charge, the complaint, the notice of hearing, the answer, and the
stipulation with attached exhibits, the record in Calumet cC I-Iecla
Consolidated Copper Corzpany (Wolverine Tube Division, et al.),
92 NLRB No. 3. ,
929979-51-vol. 92--4 33
34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Cases Nos. 10-RC-616, 605, 651,1 the official report and exhibits in
said proceedings, the Board's Decision and Direction of Election and
Supplemental Decision, Order, and Certification of Representatives,
shall constitute the entire record. Although the parties reserved the
right to argue orally before the Board and to file briefs in accordance
with the Board's Rules and Regulations, no briefs were filed and
oral argument was not requested.
The stipulation is hereby accepted and made a part of the record
herein, and in accordance with Section 203.51 of the National Labor
Relations Board Rules and Regulations, Series 5, the proceeding is
hereby transferred to and continued before the Board.
Upon the basis of the aforesaid stipulation, and the entire record
in the case, the Board 2 makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The Respondent is a corporation duly organized under the laws
of the State of Michigan, with its principal office and place of business
located at Boston, Massachusetts. The Respondent operates various
plants throughout the United States, including its plant located at
Decatur, Alabama, which is the only plant involved in this proceeding.
Respondent is engaged at its Decatur plant in the manufacture of
seamless copper and copper base alloy, tubing, and tubular products.
During the year ending June 15, 1949, the Respondent purchased for
use at its Decatur plant raw materials and equipment valued in excess
of $500,000, of which approximately 75 percent originated at points
outside the State of Alabama. During the same period, the Respond-
ent manufactured at its Decatur plant finished products having a
value in excess of $500,000, of which approximately 90 percent was
sold and shipped to customers outside the State of Alabama.
Accordingly, we find, and the Respondent admits, that it is engaged
in commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
United Automobile, Aircraft and Agricultural Implement Workers
of America, CIO, is a labor organization, which admits to membership
employees of the Respondent.
1 86 NLRB 126.
2 Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its
powers in connection with this case to a three-member panel [Chairman Herzog and
Members Reynolds and Murdock].
CALUMET & HECLA CONSOLIDATED COPPER COMPANY 35
III. THE UNFAIR LABOR PRACTICES
A. The appropriate unit; representation by the Union of a majority
therein
On September 27, 1949, the Board issued its Decision and Direction
of Election,3 finding inter alia that the following respective groups of
employees may constitute separate units for the purposes of collective
bargaining, depending in part upon the results of the "globe" elec-
tions, which it therein directed : (1) All carpenters and millwrights,
including the tong and draw bench repair millwrights and millwright
helpers; and (2) all electricians, excluding however, in each instance,
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. On November 21, 1949, the Board issued its
Supplemental Decision and Order and Certification of Representa-
tives, finding that the above-described group of employees constituted
separate appropriate units and certifying the Union as the exclusive
representative of all Respondent's employees in each of the two units
set forth above, for the purposes of collective bargaining with respect
to rates of pay, wages, hours, and other conditions of employment.
In its answer to the complaint herein, the Respondent contends
that our prior unit determination was "erroneous and invalid." Ap-
parently, Respondent still relies on its position taken in the representa-
tion proceeding. However, we see no reason now for disturbing our
original findings and find in accordance with the prior representation
proceeding that on November 21, 1949, the Union was, and at all
times thereafter has been, the exclusive bargaining representative in
the above-described units, for the purpose of collective bargaining.4
B. The refusal to bargain
The Respondent admits that since on or about December 9, 1949,
it has refused to bargain collectively with the Union as the exclusive
representative of all employees in the appropriate units. We accord-
ingly find that the Respondent thereby violated Section 8 (a) (5)
and 8 (a) (1) of the Act.
IV. THE EFFECT OF UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set forth in Section III, above,
occurring in connection with its operations as described in Section I,
8 See footnote No. 1, supra.
4 See J. I. Case Company, 87 NLRB 692.
36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
above, have a close, intimate, and substantial relation to trade, traffic,
and commerce among the several States, and tend to lead to labor dis-
putes, burdening and obstructing commerce and the free flow of
commerce.
V. THE REMEDY
Having found that Respondent has engaged in certain unfair labor
practices, we shall order that it cease and. desist therefrom and that
it take certain affirmative action which will effectuate the policies
of the Act.
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS or LAW
1. International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, CIO, is .a. labor organization,
within the meaning of Section 2 (5) of the Act.
2. All carpenters and millwrights including the tong and draw
bench repair millwrights and millwright helpers; and all electricians
of the Respondent employed at its Decatur, Alabama, plant, excluding
however, in each Distance, all other employees, but specifically office
and clerical employees, timekeepers, time-study employees, sales em-
ployees, watchmen, guards, nurses, engineers, draftsmen, and all other
professional employees, confidential employees, management repre-
sentatives, and supervisors as defined in the Act, constitute respec-
tively a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
3. International Union, United Automobile, Aircraft and Agricul-
tural. Implement Workers of America, CIO, was on November 21,
1949, and at all times thereafter has been, the exclusive representative
of all employees in the aforesaid units for the purposes of collective
bargaining, within the meaning of Section 9 (a) of the Act.
4. By refusing on December 9, 1949, and at all times thereafter,
to bargain collectively with the International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America, CIO,
as the exclusive representative of all employees in the aforesaid appro-
priate units, the Respondent has engaged in, and is engaging in, unfair
labor practices within the meaning of Section 8 (a) (5) of the Act.
5. By interfering with, restraining, and coercing its employees in
the exercise of the rights guaranteed in Section 7 of the Act, the Re-
spondent has engaged, and is engaging in, unfair labor practices,
within the meaning of Section 8 (a) (1) of the Act.
CALUMET & HECLA CONSOLIDATED COPPER COMPANY 37
6. The aforesaid unfair labor practices are unfair labor practices
:affecting commerce within the meaning of Section 2 (6) and (7) of
the Act.
ORDER
Upon the entire record in the case and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
.Board hereby orders that the Respondent, Calumet & Hecla Con-
solidated Copper Company (Wolverine Tube Division), Decatur,
Alabama, and its officers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Refusing to bargain collectively with the International Union,
United Automobile, Aircraft and Agricultural Implement Workers
of America, CIO, as exclusive bargaining representative at its Deca-
tur, Alabama, plant, of all its carpenters and millwrights including
the tong and draw bench repair millwrights and millwright helpers;
and all its electricians, excluding however, in each instance, all other
employees, but specifically office and clerical employees, timekeepers,
time-study employees, sales employees, watchmen, guards, nurses,
engineers, draftsmen, and all other professional employees, confiden-
tial employees, management representatives, and supervisors as defined
in the Act;
(b) In any like or related manner interfering with, restraining,
or coercing its employees in the exercise of the right to self-organiza-
tion, to forin labor organizations, to join or assist International Union,
'United Automobile, Aircraft and Agricultural Implement Workers of
America, CIO, or any other labor organization, to bargain collectively
through representatives of their own choosing, and to engage in
concerted activities for the purpose of collective bargaining or other
mutual aid or protection, as guaranteed in Section 7 of the Act.
2. Take the following affirmative action; which the Board finds will
effectuate the policies of the Act :
(a) Upon. request bargain collectively with International Union,
United Automobile, Aircraft and Agricultural Implement Workers of
America, CIO, as exclusive representative of all the employees in the
aforesaid units, with respect to grievances, labor disputes, rates of
pay, wages, hours, and other conditions of employment, and if an
understanding is reached, embody such understanding in a signed
agreement ;
(b) Post at its plant in Decatur, Alabama, copies of the notice
attached hereto marked "Appendix A." Copies of said notice, to be
s In the event that this Order is enforced by a decree of a United States Court of Appeals,
there shall be inserted before the words : "A Decision and Order " the words : "A Decree
of the United States Court of Appeals Enforcing."
38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
furnished by the Regional Director for the Tenth Region , shall, after
being signed by the Respondent 's representative , be posted by the
Respondent immediately upon receipt thereof and maintained by it
for sixty ( 60) consecutive days thereafter,' in conspicuous places,
including all places where notices to employees are customarily posted.
Reasonable steps shall be taken by Respondent to insure that said
notices are not altered , defaced, or covered by any other material;
(c) Notify the Regional Director for the Tenth Region in writing,
within ten (10 ) days from the date of this Order , what steps
Respondent has taken to comply therewith.
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify our employees that :
WE WILL NOT in any like or related manner interfere with,
restrain, or coerce our employees in the exercise of their right to
self-organization, to form labor organizations, to join or assist
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, CIO, or any other
labor organization, to bargain collectively through represent-
atives of their own choosing, and to engage in concerted activities
for the purpose of collective bargaining or other mutual aid or
protection. All our employees are free to become or remain
members of this union, or any other labor organization.
WE WILL bargain collectively upon request with the above-
named union as the exclusive representative of all employees at
the Decatur, Alabama, plant, in the bargaining units described
herein with respect to grievances, labor disputes, wages, rates
of pay, hours of employment, or other conditions of employment,
and if an understanding is reached, embody such understanding
in a signed agreement. The bargaining units are :
(1) All carpenters and millwrights including the tong and
draw bench repair and millwright helpers; and (2) all electricians.
CALUMET & HECLA CONSOLIDATED
COPPER COMPANY (WOLVERINE
TUBE DIVISION),
Employer.
Dated ---------------- By -------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered; defaced, or covered by any other material.