Ethyl Corp.

National Labor Relations Board - Board Decisions

Nov 20, 1952

101 N.L.R.B. 435 (N.L.R.B. 1952)

ETHYL CORPORATION 435
tive, management , or nonoperating functions on a company-wide
basis.
Determination of Dispute
On the basis of the foregoing findings of fact and upon the entire
record in this case, the Board makes the following determination of
dispute, pursuant to Section 10 (k) of the amended Act:
1. The jobs classified as general clerk, intermediate clerk, ware-
houseman, stockman A, and stockman C whose duties are related to
the performance of supply functions in the general stores division of
the purchasing department of Equitable Gas Company, Pittsburgh,
Pennsylvania, are included in the unit of employees in departments
performing administrative, management, and nonoperating functions
presently represented by Local 149, International Brotherhood of
Electrical Workers, AFL, and not in the distribution department unit
now represented by Local 12050, District 50, United Mine Workers
of America.
2. Within ten (10) days from the date of this Decision and Deter-
mination of Dispute, Equitable Gas Company, Local 12050, District
50, United Mine Workers of America, and Local 149, International
Brotherhood of Electrical Workers, AFL, each may notify the Re-
gional Director for the Sixth Region, in writing, of the steps it has
taken to comply with the terms of this Decision and Determination of
Dispute.
MEMBERS HOUSTON and STYLES took no part in the consideration
of the above Decision and Determination of Dispute.
ETHYL CORPORATION and UNITED ASSOCIATION OF JOURNEYMEN AND
APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE
UNITED STATES AND CANADA, LOCAL UNION No. 211, AFL, PETI-
TIONER
ETHYL CORPORATION and INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, LOCAL IJNION No. 716, AFL, PETITIONER
ETHYL CORPORATION and OIL WORKERS INTERNATIONAL UNION, CIO,
PETITIONER
ETHYL CORPORATION and SHEET METAL WORKERS INTERNATIONAL As-
SOCIATION, LOCAL UNION No. 54, AFL, PETITIONER. Cases Nos. 39-
RC-482, 39-RC-483, 39-RC-485, 39-RC-501, 39-RC-,507, and
39-RC-517. November 20,1952
Decision and Direction of Elections
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held before
101 NLRB No. 94.
242305-53-29
436 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Clarence L. Stephens, 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 Act, the Board
has delegated its powers in connection with these cases to a three-
member panel [Chairman Herzog and Members Styles and Peterson].
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 Employer, Ethyl Workers Independent Union, hereinafter
termed the Independent," Houston Metal Trades Council, AFL, here-
inafter termed the Council,' and Oil Workers International Union,
CIO, hereinafter termed the Oil Workers, agree on the appropriate-
ness of a collective bargaining unit of all production and maintenance
employees at the Employer's Pasadena, Texas, plant. United As-
sociation of Journeymen and Apprentices of the Plumbing and Pipe
Fitting Industry of the United States and Canada, Local Union No.
211, AFL, hereinafter termed the Pipefitters,3 International Brother-
hood of Electrical Workers, Local Union No. 716, AFL, hereinafter
termed the Electricians, Sheet Metal Workers International Associa-
tion, Local Union No. 54, AFL, hereinafter termed the Metal Workers,
all request that various separate bargaining units of alleged craft
employees be found appropriate. The Pasadena plant is relatively
new, and there is no history of collective bargaining among its
employees.
The Employer is a Delaware corporation operating several chemi-
cal plants in different parts of the United States. The only plant
involved in the present proceeding, however, is its Pasadena, Texas,
installation, where it is engaged in the manufacture, distribution, and
sale of Ethyl brand of antiknock compound. The production of this
material is a continuous chemical process which involves several steps.
Raw materials used in its production are lead, sodium, ethyl chloride,
1 The Independent was the Petitioner in Case No. 39-RC-502, but at the hearing was
permitted to withdraw that petition and intervene in Case No . 39-RC-507.
2 International Chemical Workers of America, AFL , and Lodge 21, District 37, Inter-
national Association of Machinists , were permitted to intervene as parties of interest
since they are affiliated with, and will benefit from any certification issuing in favor of,
the Council.
s The Pipefitters was the Petitioner in Case No. 39-RC-484. At the hearing, it was
permitted to withdraw its petition in that case, and the Metal Workers filed a new peti-
tion covering the same employees.
ETHYL CORPORATION 437
ethyl dichloride, and ethyl dibromide. The heart of the final prod-
uct, tetraethyl lead, is formed by the reaction of ethyl chloride with a
lead-sodium alloy in a vessel known as an autoclave. The tetraethyl
lead produced is then sent to a blender, where it is mixed with proper
amounts of ethylene dichloride, ethylene dibromide, and dye, to form
the final product.
The Employer's maintenance operations are conducted under the
supervision of personnel designated as area foremen, shift foremen,
field foremen, and other classes of supervisors. Supervisors are as-
signed to various work areas on the basis of workloads rather than
on a craft or other basis. Apparently only electricians and instru-
ment mechanics have their respective craft foremen. Work groups
in many instances consist of employees of different skills working as
a team. Thus, employees classified as carpenter-insulators, machin-
ists, metal workers, pipefitters, welders, and riggers-crane operators
are assigned and work as a group without craft distinction under dif-
ferent area foremen. Shift foremen are in charge of all maintenance
work of the entire plant on the second and third shifts and on week
ends, and have under their supervision and direction employees classi-
fied as shift mechanics, electricians, and instrument mechanics.
Although the Employer for some purposes classifies all maintenance
employees only as mechanics first class, mechanics second class, handy-
men, and helpers, it also, for other purposes, recognizes and uses
traditional craft classifications and observes craft lines. The Em-
ployer has no formalized apprenticeship training program for any
of its craft employees. A combination on-the-job and academic train-
ing course is, however, being initiated for such employees, and they
will be trained primarily in the work of the craft classification in
which they are hired. Presently, it takes a minimum of 15 months
for a helper to advance to the handyman classification. In hiring
employees in craft classifications the Employer, in examining their
qualifications and experience, requires that such experience be in the
field of the craft for which they are hired. It administers a rigid
test before hiring welders. Helpers, after being hired, are assigned
to work with a particular craft group, and while there is limited inter-
change or transfer of helpers between the various craft groups, it is
"kept to a minimum," and in the case of electrician and instrument
mechanic helpers such transfer is practically nonexistent. The line
of progression within a particular craft group is from helper to,
handyman, to second-class mechanic, to first-class mechanic. While
none of the employees in the various craft groups devotes all of his
time to performing work of his particular craft, all craft employees
devote the majority of their time to performing duties of their par-
ticular craft. The work performed outside the particular craft is
438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
incidental to, or in connection with, the performance of their major
craft duties. Overtime provisions, vacations, holidays, shift pre-
miums, and other "fringe" benefits are the same for all employees.
As noted, the Employer, the Independent, the Council, and the Oil
Workers oppose the creation of separate bargaining units among the
employees sought herein by the other Petitioners. In particular, the
Employer urges that integration of its operations and the interde-
pendence of production and maintenance functions and personnel
assignments make such units inappropriate. On the entire record,
the Board does not consider that the integration of operations and
functions at this plant is sufficient to militate against separate repre-
sentation of craft employees.4 The fact that many of the requested
craft employees may work alongside of, or in close association with,
other employees, and are assigned to work away from their own de-
partment under general area supervision or a foreman other than
their own, does not derogate from their right under the present statute
to constitute a separate bargaining unit.5 Accordingly, we find no
merit in the contention of the Employer that only a plant-wide unit
is appropriate, but shall consider the merits of the individual groups
sought by the craft Petitioners.
Instrument mechanics: The Pipefitters requests a separate unit of
approximately nine first- and second-class instrument mechanics, and
their regularly assigned handymen and helpers in the Employer's
maintenance department. Instrument mechanics, working under the
direct supervision of the instrument area or field foreman, install and
repair pneumatic, electrical, and mechanical instruments, and change
electrical motors or control wires in instruments. They receive the
same wage rate as electricians, and often work with electricians in
repairing cell instruments. Like other craft employees in this plant,
they often work under the technical supervision of area or shift fore-
men in other sections of the plant, who do not supervise the actual
manual work performance. Instrument mechanics work exclusively
on instruments and do no production work.
Welders: The Pipefitters requests a separate unit of approximately
eight first-class welders in the maintenance department. Welders are
required to perform all kinds of welding work. As indicated earlier,
before an employee is hired as a welder, his background is thoroughly
checked and questioned by the Employer, and he is given an examina-
tion to determine his ability. Welders perform no production duties,
and no other group of employees is required to possess the degree of
welding skills and abilities as is required of first-class welders. Al-
4 Mathieson Chemical Corporation ( Doe Run Plant ), 100 NLRB 166 ; B. F. Goodrich
Chemical Co., 84 NLRB 429, and cases cited therein.
5International Harvester Co., Canton Works, 91 NLRB 487; Reynolds Metals Co.,
85 NLRB 110.
ETHYL CORPORATION 439
though some welding work is done by other employees, this welding
work is minor and incidental to other work being performed. Weld-
ers are not interchanged with any other employees in the plant, and
wherever assigned, they remain under the same maintenance
supervision.
Pipe fitters: The Pipefitters also requests a separate unit of first-
and second-class pipefitters and their regularly assigned handymen
and helpers in the maintenance department. The Employer has 22
pipefitters and 6 helpers in the maintenance department. It is con-
ceded that they are skilled employees. They are primarily concerned
with maintaining the piping equipment which runs throughout the
plant, and work under maintenance supervision. Although pipe-
fitters may perform other duties, such as removing insulation from
pipes, the major part of their time is confined to pipefitting. Pipe-
fitters are not interchanged with any other employees, and no other
employees are assigned to do the work of pipefitters.
We find that instrument mechanics,' welders,7 and pipefitters,8 re-
spectively, constitute skilled craft groups to which separate repre-
sentation may be accorded.
Electricians and substation operators: The Electricians seeks 2 sep-
arate units, 1 composed of electricians and their regularly assigned
handymen and helpers in the maintenance department, and the other
composed of all first- and second-class substation operators and their
regularly assigned helpers in the rectifier substation and outlying
substations. The Employer has 27 electricians and 6 helpers in the
maintenance department,. 4 of whom are regularly assigned to the
substation and work directly under the power foreman. The Em-
ployer has followed a policy of rotating electricians in the substation
because of the heavy maintenance workload there. Electricians,
however, remain under the supervision of electrical field foremen
wherever they may be assigned . The work performed by the elec-
tricians requires the exercise of a high degree of skill, and they are
admittedly craftsmen. The 5 substation operators with their 4 help-
ers work in the rectifier substation, which is the principal power plant
or power control station of the plant. Substation operators are pri-
marily electricians who operate stationary electrical equipment under
the supervision of the power foreman and also perform electrical
work at outlying substations. Presently there is no interchange be-
tween substation operators and maintenance electricians assigned to
8 Mathieson Chemical Corporation ( Doe Run Plant ), supra, and cases cited therein.
See also Mathieson Chemical Corporation, 100 NLRB 1028.
International Paper Company, Southern Kraft Division, et al, 94 NLRB 483 and
96 NLRB 295 ; Mathieson Chemical Corporation (Doe Run Plant ), supra, and cases cited
therein.
8 Owens-Corning Fiberglas Corporation , 84 NLRB 298; Tin Processing Corporation,
78 NLRB 96 ; Mathieson Chemical Corporation, supra.
440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the power plant. Substation operators are not called electricians,
although they perform principally electrical work. They make read-
ings on instruments which control electrical flow and determine oper-
ating conditions at any given time and make necessary adjustments.
They do not, however, do electrical maintenance work. This work
is performed by the 4 maintenance electricians regularly assigned to
the power plant referred to above. The Employer contends that the
substation operators are not qualified to perform the work of main-
tenance electricians, and should not be established as a craft group.
We do not agree. The substation operators , admittedly electricians
and power plant employees, perform highly skilled work.
We find that maintenance electricians 9 constitute a skilled craft
group and substation operators 10 a departmental group to which sep-
arate representation may be accorded.
Metal workers: The Metal Workers seeks a unit composed of all
first- and second-class metal workers and their regularly assigned
handymen and helpers in the maintenance department. The nine
metal workers and three helpers in the maintenance department lay
out, fabricate, and install steel plate and structural shapes, take draw-
ings and blueprints, and from them cut different pieces of steel to
certain sizes and shapes under general maintenance supervision.
Metal workers are admittedly craftsmen.
The Employer, however, contends that shift mechanics and cell
mechanics also perform a substantial amount of metal work. The
record discloses that although some metal work is performed by other
employees, the metal workers alone possess all the skills required by
the Employer of a first-class metal worker. On the entire record, we
find that the metal workers constitute a skilled craft group to which
separate representation may be accorded."'
We shall at this time direct that separate elections be held among
the following voting groups, excluding from each group all super-
visors as defined in the Act :
(1) All instrument mechanics, handymen, and helpers.
(2) All welders, handymen, and helpers.
(3) All pipefitters, handymen, and helpers.
(4) All maintenance electricians, handymen, and helpers.
(5) All substation operators, handymen, and helpers.
(6) All metal workers, handymen, and helpers.
(7) All production and maintenance employees, excluding all
employees in voting groups (1) to (6), inclusive, office clerical employ-
ees, professional employees, and guards.
9 Mathieson Chemical Corporation, supra, and cases cited therein.
10 Collins Manufacturing Company, 81 NLRB 267.
11 Merck S Co ., Inc., 88 NLRB 975, and cases cited therein.
WESTINGHOUSE ELECTRIC CORPORATION 441
The Oil Workers and the Independent desire to appear on the bal-
lots for any separate craft groups found appropriate and we shall
place their names on the ballots in all voting groups. The Council
indicated that it desired to participate only in the election in the pro-
duction and maintenance group.
If a majority of the employees in voting groups (1), (2), (3), (4),
(5), or (6) select a labor organization other than that selected by a
majority of the employees in voting group (7), those employees will
be taken to have indicated their desire to constitute a separate bargain-
ing unit and the Regional Director conducting the election is instructed
to issue a certification of representatives to the labor organization
selected by the employees in each group for such unit or units, which
the Board, in such circumstances, finds to be appropriate for purposes
of collective bargaining. If a majority of employees in voting groups
(1), (2), (3), (4), (5), or (6) select the labor organization chosen
by a majority of employees in voting group (7), those employees
will be taken to have indicated their desire to constitute part of the
production and maintenance unit and the Regional Director conduct-
ing the election is instructed to issue a certification of representatives
to the labor organization selected by the employees in such groups,
which the Board, in such circumstances, finds to be a single unit appro-
priate for purposes of collective bargaining.
[Text of Direction of Elections omitted from publication in this
volume.]
WESTINGHOUSE ELECTRIC CORPORATION and UNITED ELECTRICAL,
RADIO AND MACHINE WORKERS OF AMERICA ( UE), PETITIONER.
Case No. I -RC-2845. November 20,1952
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 Sidney A. Coven,
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
employees of the Employer.'
' The Intervenor , Local 202, International Union of Electrical , Radio and Machine
Workers, CIO , was permitted to intervene at the hearing on the basis of its current con-
tract. This contract , which was not alleged to be a bar to this proceeding, expired on
October 1, 1952.
101 NLRB No. 108.