Continental Can Co., Inc

National Labor Relations Board - Board Decisions

Dec 14, 1954

110 N.L.R.B. 1491 (N.L.R.B. 1954)

CONTINENTAL CAN COMPANY, INC . 1491
at Rock Springs, supplies electricity and water to various Wyoming
townships, the Railroad Company, and miscellaneous domestic, agri-
cultural, commercial, and industrial users, all within the State of
Wyoming. In 1952 the Respondent's total sales amounted to ap-
proximately $1,112,991. Of this total, about $138,436 represented
sales to the Railroad Company and about $974,555 was from sales to
the Respondent's remaining customers.
It is clear from the foregoing facts that the Respondent is a local
public utility. The Board has recently held in the Greenwich Gas Co.
case,' that it would assert jurisdiction over local public utilities only
when such utilities have sales of at least $3,000,000 annually. As the
standards in that case constitute the only basis for the assertion of
jurisdiction over local public utilities and as the figures in the present
case do not meet such standards, we shall for that reason and without
otherwise considering the merits in this case, dismiss the complaint in
its entirety.
[The Board dismissed the complaint.]
1 The Greenwich Gas Company and Fuels, Incorporated, 110 NLRB 564. Although Mem-
bers Murdock and Peterson dissented in this case, they deem themselves bound by the
decision therein.
CONTINENTAL CAN COMPANY, INC. and INTERNATIONAL ASSOCIATION OF
MACHINISTS DISTRICT LODGE 115, AFL,' PETITIONER
CONTINENTAL CAN COMPANY, INC. and UNITED STEELWORKERS OF
AMERICA, CIO,2 PETITIONER . Cases Nos. 2O-RC-2625 and 20-RC-
2626. December 14, 1954
Decision and Direction of Elections
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held before James A. Harley,
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 is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.'
1 Herein called the Machinists.
Herein called CIO.
3 International Brotherhood of Pulp, Sulphite and Paper Mill workers and its Local
Union 764, AFL, herein referred to as Pulp Sulphite, intervened at the hearing on the basis
of a contract interest. Printing Specialties and Paper Products Union, affiliated with the
*International Printing Pressmen's and Assistants' Union of North America, AFL, herein
called Printers , intervened on the basis of a representative interest.
110 NLRB No. 223.
1492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. Questions affecting commerce exist concerning the representation
of certain employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit :
CIO seeks to represent all production and maintenance employees
at the Employer's Pittsburg, California, plant, including machinists,
the oiler-greaser, firemen-watchmen, and shipping employees, but ex-
cluding foremen, assistant foremen, office and clerical employees, the
storekeeper, guards, and supervisors.'
Machinists seeks to represent a separate unit of the machinists and
machinists' helpers at the Employer's plant excluding all other em-
ployees and supervisors.'
The Employer, Pulp Sulphite, and Printers agree with the unit
contention of the CIO. They, together with CIO, oppose severance
of the categories sought by the Machinists, contending (1) only a
production and maintenance unit, including the machinists, is appro-
priate, and (2) the employees sought by Machinists are not true
craftsmen.
In 1953 the Employer recognized Pulp Sulphite as bargaining rep-
resentative of all production and maintenance employees at its Pitts-
burg plant.' The parties entered into an agreement on Septem-
ber 1, 1953, to expire September 1, 1954. This contract is not urged
as a bar to either petition herein.
The Machinists' unit: The Machinists seeks to sever 2 machinists
"A" and 4 machinists "B" from the existing production and mainte-
nance unit. CIO and Pulp Sulphite Workers contend that these em-
ployees are properly part of the overall unit because they do not pos-
sess sufficient craft skills to warant severance under the present Board
standards,' because certain of the employees were previously classi-
fied by the Employer as "mechanics," because the Employer has no
apprenticeship program, and because they perform some of their dut-
ies in the production areas, punch the same time clock, and enjoy some
of the same benefits as production workers. We find no merit in these
contentions. The basis for Board severance depends, among other
things, on the actual skills of the employees involved and the duties
which they perform, rather than the method of maintaining timecards
or the receipt of Employer benefits. Also, contrary to the contention
of the CIO and Pulp Sulphite, the record discloses that, although the
employees sought herein were originally classified by the Employer
as mechanics, and although the Employer maintains no apprentice-
ship program, all employees sought by Machinists have served ap-
A The unit contention appears as stated at the hearing.
5 The Employer has no category of machinists' helpers . However , the Machinists , would'
include the oiler-greaser as a helper if the Board finds him to be a helper.
6 Including the machinists, the oiler-greaser, and the firemen-watchmen
7 .American Potash & Chemical Corporation, 107 NLRB 1418.
CONTINENTAL CAN COMPANY, INC. 1493
prenticeships or have had previous experience with other employers.
They possess the basic tools of the machinist trade and are able to op-
erate the usual machines and tools of the craft, such as grinders, drill
presses, lathes, bandsaws, and shapers. These latter tools are located
in the machine shop in which machinists "A" and "B" spend approxi-
mately 50 percent of their time making and repairing parts under the
supervision of the plant manufacturing engineer. The remainder of
their time is spent in the plant repairing machines and changing dies.
They perform no production duties and are not interchanged with
production workers. No employee has been promoted from produc-
tion and maintenance ranks to a machinist classification. On the basis
of the whole record it is clear that the machinists "A" and "B" are
craftsmen whose duties require the exercise of the skills of journey-
men machinists.' It is also clear that the Machinists is a labor organ-
ization which has traditionally represented such craftsmen. Ac-
cordingly, we find that the machinists "A" and "B" constitute an
identifiable craft group, having sufficient interests apart from the
plantwide group to warrant establishing them as a separate unit, if
they so desire, despite a history of bargaining on a broader basis.9
Oiler-greaser: The Employer, Pulp Sulphite, Printers, and CIO
would include the oiler-greaser in the overall unit. The Machinists
would include him in the Machinists' group if the Board determines
that he is a machinists' helper. This employee is primarily engaged
in oiling and greasing production machinery. When not so engaged
he washes parts of machinery and assists machinists in lifting and
hauling machinery and parts. The record does not show that the
oiler-greaser is consistently assigned to work with the machinists,
or, that he is in the upward progression of the machinists' craft group.
Accordingly, we find that the oiler-greaser lacks sufficient community
of interest with the machinists to be included in that group.1° How-
ever, as his duties primarily consist of oiling and greasing the produc-
tion machines, we shall include him in the plantwide unit sought by
CIO, which we find may also be appropriate.
Firemen-watchmen: The parties would include the firemen-watch-
men in the production and maintenance unit. During the day shift
these employees work in the boilerroom maintaining and firing fur-
naces. In addition, during the second and third shifts they make
plant rounds and punch time clocks. They are authorized to eject
unauthorized persons from the premises. We find that they are
guards within the meaning of the Act and shall exclude them.ll
8 St. Louis Car Company, 108 NLRB 1388
9 American Potash & Chemical Corporation , supra.
10 See Beaunit Mills Inc , 109 NLRB 651 ; International Paper Company, 94 NLRB 500.
11 Coats & Clark , Inc., 107 NLRB No. 248 ( not reported in printed volumes of Board De-
cisions and Orders ) ; Walterboro Manufacturing Corporation, 106 NLRB 1383.
1494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We shall, therefore, direct elections in the following voting groups :
(1) All production and maintenance employees at the Employer's
Pittsburg, California, plant No. 25, including the oiler-greaser and
shipping department employees, but excluding machinists "A" and
"B," office and clerical employees, the storekeeper, firemen-watchmen,
guards, foremen, assistant foremen, and all supervisors as defined in
the Act.
(2) All machinists "A" and machinists "B" at the Employer's
Pittsburg, California, plant No. 25, excluding the oiler-greaser, all
other employees, and supervisors as defined in the Act.
If a majority of the employees in voting group (2) select the union
seeking to represent them separately, these employees will be taken
to have indicated their desire to constitute a separate bargaining unit
and the Regional Director is instructed to issue a certification of
representatives to the labor organization selected by the employees in
the unit, which the Board, in such circumstances, finds to be appro-
priate for the purposes of collective bargaining. If a majority of
the employees in voting group (2) do not vote for the union which is
seeking to represent them in a separate unit, that group will appro-
priately be included in the production and maintenance unit and their
votes shall be pooled with those in voting group (1),12 and the Re-
gional Director is instructed to issue a certification of representatives
to the labor organization selected by a majority of employees in the
pooled group, which the Board, in such circumstances, finds to be a
single unit appropriate for purposes of collective bargaining.
[Text of Direction of Elections omitted from publication.]
12 If the votes are pooled, they are to be tallied in the following manner : The votes for
the union seeking the separate unit shall be counted as valid votes, but neither for nor
against any union seeking the more comprehensive unit ; all other votes are to be accorded
their face value whether for representation by a union seeking the comprehensive unit or
for no union . American Potash & Chemical Corporation , 107 NLRB 1418.
CALIFORNIA COTTON COOPERATIVE ASSOCIATION , LTD., ALSO KNOWN AS
CALCOT COTTON COMPRESS Co. and INTERNATIONAL LONGSHORE-
MEN'S AND WAREHOUSEMEN 'S UNION (ILWU) and "THE COMMIT-
TEE" and INTERNATIONAL CHEMICAL WORKERS AND ITS LOCAL 98,
AFL. Cases Nos. 931-CA-1531 and 21-CA-1596. December 15,
1954
Decision and Order
On December 28, 1953, Trial Examiner Herman Marx issued hi;;
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
110 NLRB No. 222.