Colgate-Palmolive Co.

National Labor Relations Board - Board Decisions

Jun 20, 1958

120 N.L.R.B. 1567 (N.L.R.B. 1958)

COLGATE-PALMOLIVE COMPANY 1567
mend that Respondent be ordered to bargain with the Union , upon request, in the
unit found herein to be appropriate , and embody in a signed agreement any under-
standing reached. Having further found that Respondent discriminated with respect
.to the hire and tenure of employment of Henry Silva and Manuel Martin in violation
of Section 8 (a) (3) and (1) of the Act, I will recommend that Respondent make
them whole for any loss of pay they may have suffered by reason of Respondent's
discrimination against them, by payment to each of them of a sum of money equal
to that which he normally would have earned from August 13 16 to September 16,
1957, the date of his reinstatement , less his net earnings during said period.
Upon the basis of the foregoing findings of fact , and upon the entire record in
the case, I make the following:
CONCLUSIONS OF LAW
1. All truckdrivers and helpers at Respondent's Charlestown plant in Boston,
Massachusetts, excluding office clerical employees and supervisors as defined in the
Act, constitute a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
2. Local 25, International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America has been at all times since April 15, 1957, the exclusive
representative of all the employees in the aforestated appropriate unit for the pur-
poses of collective bargaining within the meaning of Section 9 (a) of the Act.
3. By refusing at all times on and after April 22, 1957, to bargain collectively
with the above-named Union as the exclusive representative of its employees in the
aforestated appropriate unit, the Respondent has engaged in and is engaging in unfair
labor practices within the meaning of Section 8 (a) (5) and (1) of the Act.
4. The strike, which commenced on April 26, 1957, and in which employees Henry
Silva and Manuel Martin participated, was caused by Respondent's unfair labor
practice in refusing to bargain with the Union and hence was an unfair labor
practice strike.
5. By failing to reinstate Henry Silva and Manuel Martin , two striking employees,
upon their unconditional request for reinstatement , thereby discriminating with
respect to their hire and tenure of employment to discourage membership and
activity in behalf of the aforesaid Union, Respondent has engaged in unfair labor
practices within the meaning of Section 8 (a) (3) and (1) of the Act.
6. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication.]
16 Although the unconditional request for reinstatement was made by letter dated
August 9, counsel for the Union concedes in his brief that August 13 would be regarded
as a reasonable time for an offer of reinstatement to have been made in response to the
request.
Colgate-Palmolive Company and International Brotherhood of
Electrical Workers, AFL-CIO; District 15, International Asso-
ciation of Machinists , AFL-CIO; The Independent Union of
Carpenter-Millwrights of Colgate -Palmolive Company (unaffil-
iated ) ; The Independent Union of Tinsmiths of Colgate-
Palmolive Company (unaffiliated ) ; and The Independent
Union of Painters of Colgate -Palmolive Company (unaffili-
ated ),1 Petitioners . Cases Nos. 22-RC-72, 22-RC-76, 22-RC-83,
22-RC--84, and 22-RC-85. June 20,1958
DECISION 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
'On April 24, 1958, the Petitioner requested permission to withdraw its petition for
certification, and notified us that all parties had been served with a copy of the request.
No objection having been received thereto, the request to withdraw the petition is granted
120 NLRB No. 192.
1568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Arthur Eisenberg, hearing officer. The hearing officer's rulings made
at the hearing 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
these cases to a three-member panel [Members Rodgers, Jenkins,
and Fanning].
Upon the entire record in these cases, the Board finds :
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. 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. The Colgate-Palmolive Company, a Delaware corporation, • has
four manufacturing plants located in the United States, at Jefferson-
ville, Indiana; Berkeley, California; Kansas City, Kansas; and at
Jersey City, New Jersey. The Jersey City operation is the Employer's
principal plant and the one involved in these proceedings. There are
approximately 2,100 hourly paid employees at the Jersey City plant,
represented since 1938 by the Employees' Association, Inc. of Colgate-
Palmolive which was permitted to intervene and will hereafter be
referred to as the Intervenor.
The four Petitioners herein each seek to represent certain alleged
craft employees in the maintenance department. The Intervenor and
the Employer contend that the employees sought by the Petitioners
are maintenance specialists and that due to the mutuality of interest
between production and maintenance employees as well as the lack of
craft lines in the maintenance work and plant seniority, the units
sought are inappropriate.
The Jersey City plant consists of 44 buildings covering approxi-
mately 10 city blocks. Production is scheduled for 50 weeks with 2
weeks vacation shutdown. Both the production and maintenance
employees take their vacation at this time except those necessary for
service and emergency needs. Production and maintenance employees
have the same vacation plan, sickness and accident plan, retirement
with prejudice to its filing a new petition for a period of 6 months from the date of this
Decision and Direction , unless good cause is shown why the Board should entertain a new
petition filed prior to the expiration of such period.
2 The hearing officer rejected testimony and the Employer 's offer of proof concerning the
area bargaining pattern in the soap industry . The Board has held that the bargaining
history of companies not involved in a proceeding is not material to the issue under the
standards adopted by the Board in American Potash and Chemical Company, 107 NLRB
1418 See Bethlehem Pacific Coast Steel Corp , 117 NLRB 579 , 580, footnote 6.
8 The request of the Employer for oral argument is denied inasmuch as the record and
the briefs submitted by the parties to the case , in our opinion, adequately and fully pre-
sent the issues and the positions of the parties.
COLGATE-PALMOLIVE COMPANY 1569
income, group hospitalization and medical plans, grievance procedure,
shift differential, holiday, and overtime pay.
The four groups of employees sought by the Petitioners are em-
ployed in the plant engineering department which is composed of the
maintenance department, the instrument department, and the power-
plant; each department is under the supervision of an engineer.
The maintenance department consists of a main shop, and several
area shops located in the production areas. The primary function of
these shop employees is to service and maintain production equipment
and facilities to insure production line efficiency. This applies to re-
pair and adjustment of machinery, maintenance of building, and main-
tenance of the powerplant. There are approximately 340 employees
in the maintenance department. In addition to the various mechanics,
there are approximately 43 semiskilled and unskilled employees; 9
oilers, 22 mechanics' helpers, 4 janitors, and 8 attendants in the
storeroom.
The central or main shop is a reservoir of maintenance employees,
classified as mechanics divided into the following groups : Electri-
cians, electrician trainees, welders, masons, machinists, machinist
trainees, oilers, tinsmiths, tinsmith trainees, painters, carpenter-
millwrights, carpenter-millwright trainees, pipefitters, pipefitter
trainees, janitors, insulators, and mechanics' helpers. Here is located
all the major tools used by all of the mechanics. The main shop em-
ployees service directly the receiving, warehousing, and shipping de-
partments, the powerplant and its distribution of utilities, all build-
ings, and the elevators. They are subject to assignment wherever
their services are needed. The central or main shop is under the
supervision of an area master mechanic who is assisted by several
foremen. The millwrights, machinists and oilers, tinsmiths, pipe-
fitters, electricians, and welders have a foreman of their craft. The
insulators, painters, and masons, are supervised by the same foreman.
Each trade or craft has tool lockers and benches in a specific area
within the main shop. All first-class mechanics are paid the same,
and all third class the same. All mechanic trainees receive the same
rate of pay in line with their tenure. The witnesses'of the Employer
and the Intervenor testified to many instances of similar duties
performed by more than one craft.
The Employer has located several area shops throughout the tre-
mendous area of the plant, in the production areas , to carry out the
maintenance work in order to save the time which would be wasted
if it all came from the central shop. These area shops are supervised
by a master mechanic or a foreman who has charge of all the various
mecnanics assigned to the shop. He does not handle any tools, except
in an emergency, and the several master mechanics and foremen come
483142-59-vol . 120-100
1570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from different mechanical backgrounds. These mechanics are engaged
in maintenance and repair work within the particular area, and it is
the responsibility of the area shop to see that production is kept in
full operation. Teamwork is essential between these mechanics to
perform the necessary maintenance duties.
Since 1945, the Employer has maintained a training program for
maintenance employees, with the exception of the painters. These
trainees are recruited from the production employees. Interested
production employees make application at the employment office and
are given qualifying tests relating to mechanical aptitude and com-
prehension, with seniority controlling, other things being equal. The
International Correspondence School is the Employer's recognized
standard for training mechanics. The trainees must complete the
prescribed 4-year course, during which time they work in their chosen
field for experience. Presently, there are 31 trainees, 30 have come
from the production departments and 1 from the mechanics' helpers
classification. At the time the trainee program was begun, the Inter-
venor and the Employer agreed to discontinue second- and third-
class classification of mechanics when the employees in 'these
classifications died, resigned, or retired. -
The machinists bid every 2 years for placement into areas of their
-choice and other mechanics bid every year. Tinsmiths, masons, insu-
lators, and painters exercise no bid because they work only out of the
main shop. Bids are granted on the basis of seniority and each
mechanic is on a 90-day probationary period after the new assignment
is made. If unable to perform the new job satisfactorily, he may
return to the central shop.
Since, 1949, the Employer's seniority plan permits all mechanics
who have transferred into plant engineering to retain their plant
seniority, -and in case of a reduction within the maintenance depart-
ment may claim seniority in their old job or any other job-for which
they are qualified.
Case No. 22-RC-72
The International Brotherhood of Electrical Workers; AFL-CIO,
seeks a craft unit of all electricians and electrician-trainees. The 39
electricians employed by the Company are referred to as first-class
electricians. Twenty-four were hired in this classification and one as
a second-class electrician. The remaining 14 were from other depart-
ments in the plant benefiting from "the trainee program. The three
trainees are also from the production departments.' The general duties
of the electricians are to repair, maintain, install power and lighting
systems, replace bearings, install conduits and starters, and assemble
-electrical devices. They inspect and repair electrical installations and
equipment. -
COLGATE-PALMOLIVE COMPANY 1571
Twenty-three electricians are assigned to the central shop with the
three electrician-trainees. They report to the electrician foreman who
gives out the work assignments as these electricians are subject to
assignment any place in the factory where their services are required
and most of the assignments are outside of the shop.
Three electricians work on the night shifts, reporting to the night
.maintenance foreman; 1 on each shift for general maintenance and 1
on the 4 to 12 shift to repair and inspect elevators. Night shift assign-
ment is rotated among the electricians, each spending 2 weeks during
the year. Each electrician while on the night shift is assigned a
,helper from the mechanics' helper classification.
In the area shops, there are 13 electricians who report to the area
master mechanic or foreman who supervises all the mechanics assigned
to his shop. The principal duty of the area shop electricians is to
maintain the electrical equipment in the assigned area, to be there
if a short circuit occurs or an automatic switch fails to operate.
Notwithstanding that in the area shops and on the night shifts,
electricians are not under craft supervision, we find that the electrical
maintenance work performed by the electrical mechanics is that of a
journeyman electrician. Further, in view of the fact that all elec-
tricians were either hired as first-class electricians or became such as
a result of study and experence over a period of not less than 4 years,
we find that they constitute a true craft group such as the Board has
established in separate units for the purpose of collective bargaining
despite a history of bargaining on a broader basis. Moreover, the
Petitioner is the traditional bargaining representative of these em-
ployees, and they may constitute a separate appropriate unit if they so
desire.
At the hearing the Employer urged that the work performed by
the -instrument mechanics was similar to that done by the electrical
mechanics. Evidence was introduced to show that the instrument
mechanics perform certain electrical duties. The instrument
mechanics use tools comparable to those used by the electricians.
However, they usually work on low-voltage wiring doing such work
as disconnecting the wiring between instruments and various parts
of the instruments, whereas electricians work on as high- as 4,000
voltage wires. The 13 instrument mechanics work out of the instru-
ment shop which is under the supervision of an instrument engineer,
servicing and maintaining all instruments, both electric and pneumatic,
instrument panels, including the wiring of instrument panels, clocks,
'recorders, pressure meters, and testingand scales, using temperature .
electrical wiring for defects. -
In view of the separate supervision and location of the instrument
mechanics and the' fact that. they do,,not perform all phases of elec-
trical maintenance work as the maintenance electricians, we find that
1572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
they are not a part of the electrician craft.' Accordingly, we shall
not include them in the group of electricians.
Case No. 22-RC-76
The International Association of Machinists seeks a unit of all
machinists and machinist-trainees. Of the 76 first-class machinists,
55 were hired as such and 21 came from the production departments
as trainees. The 2 second-class machinists, the 1 third- class machinist,
and the 13 machinist-trainees transferred to plant engineering as
trainees. By agreement with the Intervenor, the Employer will elimi-
nate the second- and third-class designations when the employees who
now hold such classifications die, resign, or retire. Generally, the
duties of a first-class machinist are to adjust, maintain, and repair
machines and to perform machine work using standard machine-shop
equipment. One second-class machinist spends the majority of his
time installing metal tags to equipment; the other spends practically
all his time performing minor repair work to elevators. (All major
elevator repair work is contracted out.) Both work out of the main
shop. The third-class machinist spends substantially all his time
sharpening knives for the printing department and fabricating simple
knives for this and other departments.
In the main or central maintenance shop, an area is designated as
the machine shop. It is to this area the 16 machinists, first class, 2
machinists, second class , 2 oilers, and 4 machinist-trainees report to a
machine shop foreman for work assignments. It is their responsibility
to repair and inspect pumps, elevators, tractors, and warehouse equip-
ment. They fabricate parts, or fit stock parts for various machines
whenever necessary, and may use blueprints, sketches, or models for
this work.
Three machinists are assigned to each night shift crew and the
elevator crew on the 4 to 12 shift, under the supervision of the night
maintenance foremen. All machinists rotate on these night shift
assignments, and when on the night shifts are assigned helpers to
assist in the work.
In the area shops there are 57 machinists and 9 machinist-trainees,
and 7 oilers. In conjunction with the other maintenance mechanics in
the shop, the machinists have as their primary duty that of keeping
the machinery operating at capacity.
The Petitioner contends, and we agree, that the machinists are
craftsmen who regularly exercise their craft skills and may comprise
an appropriate unit if they so desire.' Moreover, the Petitioner is a
A See North , American Aviation, Inc., 108 NLRB 863 ; Marinette Paper Company, 114
NLRB 1452, 1457 ; of Koppers Company,-Inc . 117 NLRB 422, 424.
5 E. I. du Pont de Nemours and Company , 117 NLRB 849.
COLGATE-PALMOLIVE COMPANY 1573
labor organization which historically and traditionally represents
these craftsmen.
There are also 20 machine adjustors assigned to 3 of the area shops
from the production department. Like the maintenance mechanics,
they are under the supervision of the area master mechanic. Their
principal duty is to maintain and adjust the production line equip-
ment. From 26 to 28 first class machinists perform the duties of an
adjustor each day, and when not assigned to the job of an adjustor,
in many instances machinists work alongside of an adjustor doing
identical work. Evidence reveals that the job of an adjustor requires
all the skill that a machinist exercises except the ability to fabricate
parts. In 1954 the Employer and the Intervenor reached an agree-
ment to discontinue the adjustor classification when the occupants of
the classification transferred, died, or retired, and that the jobs there-
after be filled with first-class machinists. At the time of the hearing,
three replacements had been made, and several were temporarily
filling these jobs. The record does not disclose the training back-
ground of adjustors, however, in view of the evidence above, the same
supervision, and the similarity of duties, we find that the adjustors
exercise machinist craft skills and include them in the machinist unit
herein found appropriate.
In its brief, the Employer challenges the right of the two independ-
ent unions whose petitions are hereafter discussed, to craft severance
under the qualifications established in American Potash.6 We find
no merit to the Employer's contention. The Board has held that a
union organized for the sole and exclusive purpose of representing
members of its particular craft meets the traditional craft union test 7
Case No. 22-RC-83
The Independent Union of CarpNr1ter-%1?.llwrights of Colgate-
Palmolive Company seeks a 1; t of all carpenter-millwrights and car-
penter-millwright t ainees.
In the main shop, under the supervision of a carpenter-millwright
foreman, there are 22 carpenter-millwrights, 6 carpenter-millwright
trainees, and 15 mechanics' helpers. Seventeen additional carpenter-
millwrights are assigned to the area shops, and 2 work on the 2 night
shifts under the night maintenance foreman. Of the total number of
carpenter-millwrights employed by the Company, 22 were hired as
first-class carpenter-millwrights, 1 as a second-class carpenter-mill-
wright, and 1 as a first-class carpenter. The remaining 17 first-class
carpenter-millwrights transferred to plant engineering as trainees as
did the present 6 trainees.
e American Potash & Chemicat Corporation, 107 NLRB 1418.
"International Harvester Company, 111 NLRB 606; Friden Calculating Machine .Co.,
Inc., 110 NLRB 1618.
1574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The carpenter-millwright-,designation' is a combination of these two,
crafts. Their principal functions are to install machines, fabricate
and install accessory equipment, including supports, erect rigging, and
perform structural work. When assigned to an area, the principal
function is repair and- maintenance, to keep the machinery in
operation.
Petitioner's witness testified that in the area shops, he spent about
60 percent of his time on millwright duties and 40 percent on carpenter,
work as most of the area shops do not have carpentry tools. The op-
posite was true when he worked in the main shop. There he spent
about 80 percent of his time in carpentry work and the balance of time,
in millwright duties. The Employer's plant engineer testified that
the carpenter-millwright performs 95 percent millwright work and 5
percent carpentry work. Carpenter-millwrights furnish their own
tools, including handsaws, wood tools and hand braces,. various types
of hammers, center punches, mortise gages, etc., and are assigned a
section of the main shop where they have separate benches and their
large machines are located.
We find that the carpenter=millwrights as a group are predomi-,
nantly skilled millwright employees using the customary tools of their
craft and performing basic millwright and carpentry work and that
they are entitled to sever as an appropriate unit, if they so desire s
The record shows that the Petitioner, a labor organization, was
formed for the sole purpose of representing the carpenter-millwright
craft at the Employer's New Jersey operation and intends to confine
itself to such craft. Accordingly, we find that the Petitioner is a
-__\aft union and meets the traditional craft union test as established
by-the Board.
Case No. 22-RC-84
The Independent Union f-Tinsmiths of Colgate-Palmolive Com-
pany seeks a unit of all tinsmiths and tinsmith trainees. There are 15
tinsmiths and 3 trainees. All are located in the amain shop under a
foreman whose supervision is limited to tinsmiths. Four of the tin-
smiths and the 3 trainees transferred to plant engineering from other
departments; others when hired were required to have 4 years training
or the equivalent of 4 years outside experience. The tinsmiths per-
form metalwork which includes layouts, patternmaking, forming,
soldering, and spot welding in a tinsmith shop equipped with tinsmith
tools. The tinsmiths make machinery guards, exhaust ducts, stain-
less steel shoots, sheet metal coverings for floors and tables, hoppers,
trays, and pan hoods. At times they work from blueprints and at
other times they are told what is needed and must use their own judg-
ment in fabricating something to meet the need. The tinsmiths use a
s Marinette Paper Company, 114 NLRB 1452 at p. 1456; Lamson and Sessions Com-
pany, 81 NLRB 12.
COLGATE-PALMOLIVE COMPANY 1575
spot welder which is designated as a tinsmith machine. None of the
tinsmiths are assigned to area shops or work on the night shifts. As
the tinsmiths constitute a highly skilled and well recognized craft
group, we find they may be separately represented notwithstanding
the history of collective bargaining on a broader basis.
The Petitioner presented evidence that it was organized for the sole
purpose of seeking recognition for the tinsmiths at Colgate-Palmolive
Company. Accordingly, we find that the Petitioner is a traditional
craft union within the meaning of American Potash.'
Helpers: The mechanics' helpers are not generally assigned to any
craft or group of mechanics because of any special skill. They assist
the mechanics at the mechanics' direction, use any and all tools at the
direction of the mechanics, clean up, carry tools, and secure tools and
supplies from the storeroom. On the night shifts, a helper is assigned
to work with each electrician, machinist, and pipefitter. Helpers, as
such, can never become first-class mechanics. But, if a helper has the
qualification, he may bid to enter as a trainee as some have. The agree-
ment between the Employer and the Intervenor shows that helpers
receive approximately 50 cents an hour less than first-class mechanics.
As none of the helpers are assigned to work regularly with any par-
ticular category of maintenance mechanics,-and they are not in the line
of progression to any of the maintenance crafts, we find they are unlike
those normally included in craft units, and do not include them in any
of the groups of craftsmen found severable herein."
In view of all the foregoing, we shall make no final unit determina-
tion at this time, but shall direct that the questions concerning repre-,
sentation that have arisen be resolved by separate elections by secret
ballot among the employees in the following groups employed by the
Employer at its Jersey City, New Jersey, operation, excluding from
each group all employees in all other groups, all office clerical em-
ployees, professional employees, and all other employees, guards,,
watchmen, confidential employees, and supervisors as defined in the
Act :
(a) All electricians and electrician-trainees; (b) all machinists, ma=
chinists-trainees, and machine adjustors; (c) all carpenter-millwrights
and carpenter-millwright trainees; and (d) all tinsmiths and tinsmith
trainees.
If a majority of the employees in any voting group from (a) to (d).,
inclusive, select the union seeking to represent them separately, those
employees will be taken to have indicated their desire to constitute a
separate bargaining unit and the Regional Director conducting the
election is instructed to issue a certification of representatives to the
9 International Harvester Company, 111 NLRB 606.
io Virginia-Carolina Chemical Corporation, 101 NLRB 1336; American, Cyanamid Com-
pany, 110 NLRB 89, 94.
1576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
labor organization selected by the employees in each group for such
unit, which the Board, in such circumstances, finds to be appropriate
for purposes of collective bargaining. In the event a majority do not
vote for the union which is seeking to represent them in a separate
unit, these employees shall remain a part of the existing production
and maintenance unit and the Regional Director will issue a certifica-
tion of results of election to such effect.
[Text of Direction of Elections omitted from publication.]
McFarling Bros. Midstate Poultry & Egg Co. and Local 135,
International Brotherhood of Teamsters , Chauffeurs, Ware-
housemen and Helpers of America , Petitioner. Case No. 35-
RC-1529. June 00, 1958
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before John H. Rogers,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record' in this case, the Board finds :
1. The "Employer contends that it would not effectuate the pur-
poses of the Act for the Board to assert jurisdiction over its opera-
tions. The Employer is engaged in raising, purchasing, processing,
and selling poultry and eggs at wholesale in Indianapolis, Indiana.
During the calendar year 1957 the Employer's total sales amounted
to $1,600,000, of which $7,687 represented sales directly out of State.
During that year, sales to companies, each of which the parties
stipulated had a direct outflow in excess of $50,000, amounted to
$67,856. The parties disagree as to whether the following transaction
should also be included in the Employer's indirect outflow :
During the year $71,936 worth of poultry was shipped to the
Employer from out of State. The Employer paid for and acquired
title to this poultry. The Employer stored the poultry in its Indian-
apolis warehouse, and later delivered it in Indianapolis to Armour
and Company, receiving $71,936 plus handling charges in payment
therefor. The Employer has included the handling charges in its
gross sales figures, but contends that the $71,936 it received for the
sale of this poultry should not be included in its indirect outflow
because it was merely a "paper transaction," the poultry having been
purchased for the account of Armour and Company and segregated
i The request for oral argument by the Employer is denied , as the record including the
Employer 's brief, adequately presents the issues and the positions of the parties. '
120 NLRB No. 201.