International Paper Co.

National Labor Relations Board - Board Decisions

Nov 16, 1949

87 N.L.R.B. 49 (N.L.R.B. 1949)

In the Matter Of INTERNATIONAL PAPER COMPANY, SOUTHERN KRAFT
DIVISION, EMPLOYER and UNITED ASSOCIATION OF JOURNEYMEN AND
APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE
UNITED STATES AND CANADA, LOCAL 706, AFL, PETITIONER
Case No. 15-RC-254.-Decided November 16,1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Robert B.
Stark, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed .1L
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Gray].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims 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 2
4. The Petitioner, United Association of Journeymen and Appren-
tices of the Plumbing and Pipefitting Industry of the United States
and Canada, Local 706, herein called the Plumbers, contends that pipe
fitters and their helpers at the Employer's paper plant constitute a
separate appropriate unit and seeks to sever these employees from the
existing bargaining unit of maintenance employees presently repre-
1Contrary to the contention of International Brotherhood of Paper Makers Local 380,
AFL, herein called the Paper Makers, an Intervenor herein, we find no evidence of bias on
the part of the bearing officer in this proceeding.
2 The Paper Makers contends that the petition should be dismissed or, in the alternative,
that the case be remanded for further hearing. For reasons set forth in paragraph 4 below,
the motion to dismiss is denied. Full opportunity was afforded all parties in the hearing
to introduce evidence bearing on the issue . The motion to remand the case for further
hearing is therefore denied.
8T NLRB No. 13.
49
50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rented by the Paper Makers. The Paper Makers contends ( 1) that the
Employer 's pipe fitters are not sufficiently skilled to constitute a true
craft group ; and (2 ) that the work of the pipe fitters is too closely
integrated with the production work to warrant their severance .from
the more comprehensive unit at this time.
The, Employer has 11 pipe fitters, of . which 3, one for each shift,
serve as "operating pipe fitters " or "trouble. shooters ," making .minor
and temporary repairs , and 8 serve as "maintenance" pipe fitters, re-
sponsible for the more permanent pipe maintenance and repairs. All
the pipe fitters have substantially the same skills and qualifica-
tions and all are under the direct supervision of the pipe fitter fore-
man, working in and out of the- pipe fitter shop. Because approxi-
mately 95 percent . of the Employer's production involves the use of
pipe, pipe fitters necessarily work throughout the plant where their
skill is required.
The work of the pipe , fitters includes cutting , threading , and fitting
pipe; cleaning pipe which carry chemical solutions ; fitting pipe on
offsets and angles; installing valves of various types; reading blue-
prints; installing and replacing pipe of various size and type on tanks.
vats, boilers , gauges , and instruments ; and corking and pouring lead
joints. All incidental welding work on pipes is performed by welders
and helpers who are regularly assigned to work with pipe fitters. Al-
though there is some disagreement among the parties as to the degree
of the various skills required of the pipe fitters in the performance
of their work for the Employer , all parties , including the Paper
Makers, agree that the Employer 's pipe fitters are skilled workmen.
The Employer has adopted no formal apprenticeship program for
pipe fitters , but an extended on-the-job training for pipe fitter help-
ers has been developed at the plant . Three or four years' service
as a pipe fitter helper is considered an adequate training period for
the pipe fitter 's rating. This period is comparable to a formal ap-
prentice period. The current bargaining agreement provides for
six steps of progression stretching over a period of 30 months in the
pay scale for pipe fitter helper. Only those helpers that have at-
tanned the top rating are, in the event of a vacancy, considered eligible
for promotion to the rank of pipe fitter.
In an earlier representation proceeding involving the same par-
ties ,3 the Board rejected a request of the Plumbers for a pipe fitters'
unit at the Employer 's plant, finding in the record of that case no
evidence "as to the precise nature of the work performed by the pipe
fitters , as to the degree of skill . required of them, or as to whether or
not they serve a formal apprenticeship ." That finding is inap-
8 79 NLRB 747.
INTERNATIONAL PAPER COMPANY 51
plicable in this proceeding because such evidence is now in the record
before us.
Although the Employer's paper mill operations are necessarily in-
tegrated, and the Employer's pipe fitters must work to a considerable
extent in production areas, the Employer's operations are not unlike
those involved in other paper mill cases where we have directed sepa-
rate elections for employees in craft or traditional bargaining groups.4
The Employer's pipe fitters are skilled employees, with a long training
period designed to qualify. them for their traditional craft work.
Therefore, notwithstanding a past history of collective bargaining
on a more comprehensive basis, we find that the Employer's pipe fit-
ters and helpers clearly constitute an identifiable, traditional craft
group who may, if they desire, constitute a separate unit appropriate
for bargaining purposes .5 Because two welders are permanently as-
signed to work with the pipe fitters, and the International Associa-
tion of Machinists, Lodge No. 1365, also an Intervenor herein, which
represents welders in a larger bargaining unit, does not oppose the
inclusion of these particular welders in the unit proposed by the
Petitioner, we shall include, in the voting group welders who are
regularly assigned to work with the pipe fitters and pipe fitter helpers.
We shall, therefore, direct an election among pipe fitters and pipe
fitter helpers working at the Employer's paper mill plant, including
welders who are regularly assigned to work with pipe fitters, but
excluding supervisors. We will make no final unit determination at
this time, but shall first ascertain the desire of these employees ex-
pressed in the election hereinafter directed. If a majority vote for
the Petitioner, they will be taken to have indicated their desire to
constitute a separate appropriate unit.
DIRECTION OF ELECTION 6
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 30
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor Rela-
tions Board Rules and Regulations, among the employees in the unit
found appropriate in paragraph numbered'4, above, who were em-
4 Smith Paper, Inc., 76 NLRB 122; Worthy Paper Company , Ass'n ., 80 NLRB 19.
6 Southland Paper Mills , Inc., 81 NLRB 330.
6 As the Paper Makers ' Local 380 has not complied with the filing requirements of the
Act, its name is omitted from the ballot. In the event it effects compliance within 2 weeks
from the (late of this Direction, the Regional Director is hereby instructed to accord it a
place on the ballot.
877359-50-vol. 87-5
52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployed during the pay-roll period immediately preceding the date of
this Direction of Election , including employees who did not work dur-
ing said pay-roll period because they were ill or on vacation or tem-
porarily laid off , 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 , and also excluding employees on strike
who are not entitled to reinstatement , to determine whether or not
they desire to be represented , for purposes of collective bargaining,
by United Association of Journeymen and Apprentices of the Plumb-
ing and Pipefitting Industry of the United States and Canada, Local
706, AFL.