Harvey Machine Co., Inc.

National Labor Relations Board - Board Decisions

Nov 4, 1955

114 N.L.R.B. 935 (N.L.R.B. 1955)

HARVEY ALUMINUM 935
Harvey Aluminum, a Division of Harvey Machine Company, Inc.
and Local 11, International Brotherhood of Electrical Work-
ers, A. F. L., Petitioner . Case No. 21-RC-4013. November 4,
1955
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 Norman H. Greer, 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 the case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The Petitioner and the Intervenor, United Steelworkers of
America, CIO,' are labor organizations claiming to represent certain
employees 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 Petitioner seeks a craft unit of all electricians, including
-working leadmen, helpers, and learners. The Employer and Inter-
venor contend that the unit sought by the Petitioner is inappropriate
because (a) the Employer is part of the basic aluminum industry;
and (b) the employees in question do not comprise a true craft group.
Although from 1942 to 1945, the Employer's employees were repre-
sented in a production and maintenance unit, there has been no his-
tory of collective bargaining at this plant since then.
(a) The "basic aluminum" issue
The record shows that the Employer is essentially engaged in the
production of aluminum extrusions and forgings. Raw materials
purchased by the Employer consist-of pig aluminum, scrap aluminum,
and various other metals for use as alloys. As initial steps in the
Employer's operations, the pig and scrap aluminum is melted down,
cleansed by fluxing, alloyed, and then cast into ingots. Next, these
ingots of various aluminum alloys are analyzed to determine their
composition and heat treated to improve their consistency. After
cooling, the ingots are sawed into certain configurations and sizes.
'These in turn, are extruded or forged into various shapes and, after
certain finishing operations, are ready for delivery to the Employer's
-customers. The needs and specifications of the individual customer
1 United Steelworkers of America , CIO, was permitted to intervene on the basis of a
showing of interest.
114 NLRB No. 141.
936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
determine the type of the extrusion and forging produced by the
Employer.2
In support of their position that the above operations are part of
the basic aluminum industry, the Employer and Intervenor rely on
the Board's decision in the Permanente 3 case, in which the Board
concluded that aluminum reduction and rolling mill operations were
basic operations in the aluminum industry analogous to those in the
basic steel industry. The Board accordingly applied the National
Tube 4 doctrine in the "basic aluminum" industry. However, in later
cases involving the aluminum industry, the Board declined to ex-
tend the National Tube doctrine to operations which were not an actual
part of the basic reduction and rolling mill phases of the aluminum
industry.' On the record now before us, it is clear that the operations
of the Employer involve no reduction of raw ore as an initial step in
a continuous production process leading to rolling mill operations as
was the case in the Permanente case. The manufacture of extrusions
and forgings, according to customer specification, of this Employer
more closely resemble fabrication rather than basic processing of
aluminum. Moreover, the record does not show the type of insepara-
ble integration of craft functions and production processes which
would preclude the establishment of craft groups at the Employer's
plant 6
(b) The unit issue
The Employer and Intervenor contend that the electricians sought
by the Petitioner are not a craft within the standards laid down in,
the American Potash case.''
The record shows that there are 25 employees performing the work
of maintenance electricians. One section of the general maintenance,
area, which is located in the aluminum extrusion building, and some-
times called the electrical shop, is set aside primarily for their use.
Some of the electricians are roving electricians or troubleshooters and
work directly out of the electrical shop. Others are directly assigned
to the various production departments. Although 'the electricians
work closely with production employees, they are not interchangeable'
with them, and with little or no exception perform only electrical work.
While the electricians, particularly those assigned to production de-
partments, as part of their duties do whatever electrical work needs
2 The biggest percentage of the Employer's product is sold to customers in the aircraft
industry and must meet Government specifications.
8 The Permanente Metaic Corpoi at,on , 89 NLRB 804
4 National Tube Company, 76 NLRB 1191
s Reynolds Metals Company, 93 NLRB 721; Aluminum Company of America, 96
NLRB 781.
e Revere Copper and Brass , Incorporated., 111 NLRB 1241. The Employer 's motion to
dismiss on the grounds , tinter alia, that its operations are within the "basic aluminum"
industry is hereby denied
7107 NLRB 1418
BAUGH & SONS COMPANY 937
to be done as indicated by the production department heads, they
work with their own leadmen, and are basically supervised by one of
the maintenance foremen who is generally known as the electrical
foreman. -' Most-of the Employer's equipment is electrically driven or
operated and a large part of the electricians' duties consists of pre-
ventive maintenance work on such equipment. In addition the elec-
tricians repair, overhaul, set up, or relocate electrically operated equip-
ment. In such work, the customary craft tools and testing devices,
peculiar to the electrical trade are used.
Although the, Employer has no apprenticeship program, it has, m i
essence, an on-the-job training program by means of which an em-
ployee can become a full-fledged maintenance electrician. Moreover,
the record indicates that maintenance electricians, when employed, are
required to have substantial training and experience in their trade.
We are satisfied that the maintenance electricians are a' homogeneous
group performing distinctive and typical craft tasks. In these cir-
cumstances we find no merit to the Employer's and Intervenor's con-
tention that the electricians sought do not meet the requirements of the
American Potash case with respect to the exercise of true craft skills.
Accordingly, we find that the following employees of the Employer
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act:
All electricians, including working leadmen,8 helpers, and learners
employed at the Employer's Torrance, California, operations, but
excluding all other employees and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
MEMBER MURDOCK took no part in the consideration of the above
Decision and Direction of Election.
8 The parties stipulated that the working leadmen are not supervisors.
Baugh & Sons Company and Local 473, International Brother-
hood of Firemen, Oilers, Powerhouse Operators, Ice Plant
Employees and Maintenance Mechanics, AFL, Petitioner.
Cases Nos.. -RC-2696, 4-RC-2697, 4-RC-2698, 4-RC-2699, 4-RC-
27001 and 4-RC-2701. November 7, 1955
DECISION AND ORDER
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations'Act, a consolidated hearing was held on June
2, 8, and 29, and July 8, 1955, before Charles Sandberg, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
114 NLRB No. 142.