Continental Can Co.

National Labor Relations Board - Board Decisions

Feb 29, 1944

55 N.L.R.B. 180 (N.L.R.B. 1944)

In the Matter of CONTINENTAL CAN COMPANY ( MEMPHIS PLANT) and
UNITED STEELWORKERS OF AMERICA , C. I. O.
Case No. 15-B-1058.-Decided February °9;1944
Mr. Jack E. Hodgson, of Memphis, Tenn., and Mr. C. V. Trickey,
of Chicago, Ill., for the Company.
Mr. Earl A. Crowder, of Memphis, Tenn., for the C. 1. 0.
Mr. R. 0. Ross, of Atlanta, Ga., and Mr. Herman A. Gerig, of Mem-
phis, Tenn., for the A. F. L.
Mr. David'V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Continental Can Company (Memphis Plant) , Memphis, Tennessee,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Laurence H.
Whitlow, Trial Examiner. Said hearing was held at Memphis, Ten-
nessee , on January 27, 1944. The Company, the C. I. 0., American
Federation of Labor, Local #22455, herein called the A. F. L., ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The A. F. L. moved at the hearing that no
election be held until a disposition has been made by the Board of a
complaint proceeding instituted against the Company herein by the
C. I. 0.1 The Trial Examiner reserved ruling on this motion for the
Board. Inasmuch as the C. I. 0. has filed a waiver with respect to
said complaint, 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 afforded opportunity to file briefs
with the Board.
' Case No. 15-C-936.
55 N. L. B. B., No. 29.
180
CONTINENTAL CAN COMPANY 181
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Continental Can Company, a New York corporation, is engaged in
the manufacture of containers. For this purpose it operates approxi-
mately 50 plants in various sections of the United States. We are
concerned herein with the Company's plant located in Memphis, Ten-
nessee, hereinafter referred to as the Memphis Plant. Said plant is
engaged in the manufacture of metal fibre, containers. During the
past 12 months, the'Memphis Plant has purchased raw materials val-
ued at approximately $300,000, almost all of which was shipped to said
plant from points outside the State of Tennessee. During the same
period, the Memphis Plant manufactured finished products valued in
excess of $500,000, of which approximately 90 percent was shipped to
points outside the State of Tennessee. We find that the Company is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
Local #22455 of the American Federation of Labor is a labor or-
ganization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On. or about November 22, 1943, the C. I. O. requested recognition
of the Company as the collective bargaining representative of cer-
tain of its employees. The Company replied by letter stating that
it was currently dealing with another labor organization, and sug-
gested that the matter be settled by the Board.
The Company is currently operating under a collective bargaining
agreement with the "American Federation of Labor on behalf of
the members of Local #22455." Although executed in 1942, said
contract has subsequently been renewed by the parties thereto and
the current term expires in March 1944. However, since this con-
tract covers only employees of the Company who are members of
the A. F. L., it does not constitute a bar to this proceeding;2
2 Matter of Pennsylvania Greyhound Lines, 3 N. L. R. B. 622 ; Matter of Pressed Steel
Car Co., Inc., 7 N. L. R. B . 1099, 1101, 1102.
182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that the C. I. 0. represents a substantial
number of employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concern-
ing the representation of employees of the Company within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The C. I. 0. seeks to represent a unit composed of all produc-
tion and maintenance employees of the Company, including truck
drivers, watchmen, and janitors, but excluding clerical workers, as-
sistant foremen, and all other supervisory employees who have the
power to hire and discharge. The Company contends that truck
drivers and watchmen should be excluded from th? unit; the A. F. L.
agrees with the contentions of the Company.,
The Company employs four watchmen who have been deputized by
.the city of Memphis. Although the record indicates that, these em-
ployees will soon be deprived of their deputized status, they are at the
present time deputized, and therefore do not properly cons itute part
of the industrial unit 4 Accordingly, we shall exclude them. How-
ever, they are to be excluded therefrom only so long as they retain their
deputized status.
The Company employs one outside truck driver. This employee is
paid on an hourly basis and spends the major portion of his working
day away from the plant. He does, however, perform some produc-
tion work at the plant. We are of the opinion that lie may properly
form part of the production and maintenance unit. Accordingly, we
shall include him therein.
. We find that all production and maintenance employees of the Com-
pany, including, truck drivers and janitors, but excluding clerical em-
ployees, militarized or deputized watchmen, subforemen, and all other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
3 The Regional Director reported that the C. I. O. submitted 87 designation cards of
which 66 bore apparently genuine and original signatures , and contained the names of
persons appearing upon the Company 's pay roll for the period ending December 19, 1943;
and that said pay roll contained the names of 118 persons within the unit hereinafter
found appropriate.
The A. F. L. relies upon its contract dated March 20, 1942, as renewed, for the estab-
lishment of its contract.
9 Matter o f Dravo Corporation , 52 N. L. R., B. 322.
CONTINENTAL CAN COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
183
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.5
DIRECTION OF ELECTION
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 Relations
Board Rules and Regulations-Series 3, it is hereby
DIREarED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Continental Can
Company (Memphis Plant), Memphis, Tennessee, an election 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 supervision of the Regional Director for the Fifteenth 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-Regu-
lations, among the employees in the unit found appropriate in Section
IV, above, 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 Al 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 those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether they desire to be represented by United
Steelworkers of America, C. 1. 0., or by American Federation of tabor,
for the purposes of collective bargaining, or by neither.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.
The C. I. 0. requested that it be designated on the ballot as "United Steelworkers of
America, C. L O., ' and the A. F. L. designated thereon as "American Federation of Labor."
Both requests are hereby granted.
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