Kaiser Industries

National Labor Relations Board - Board Decisions

Apr 23, 1945

61 N.L.R.B. 682 (N.L.R.B. 1945)

In the Matter of KAISER INDUSTRIES and INTERNATIONAL ASSOCIATION
OF MACHINISTS LODGE 1047, AFL
In the Matter of KAISER INDUSTRIES and INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA,
LOCAL 467, AFL
In the Matter of KAISER INDUSTRIES and CONSTRUCTION, PRODUCTION &
MAINTENANCE LABORERS' LoCAL 783 (AFL)
In the Matter of KAISER INDUSTRIES and LOCAL B-477, INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, AFL
In the Matter of KAISER INDUSTRIES and INTERNATIONAL UNION OF
OPERATING ENGINEERS, STATIONARY LOCAL UNION No. 63 AND LOCAL
UNION No. 12, AFL
In the Matter of KAISER INDUSTRIES and UNITED ASSOCIATION OF
PLUMBERS & STEAMFTTrERS LOCAL UNION No. 364, AFL
In the Matter of KAISER INDUSTRIES and UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA, LOCAL No. 944, AFL
Cases Nos. 21-R-2537, 31-R-2545, °'1-R-2560, 21-R-2561, 21-R-25631
21-R-f2567, and 21-R-2568, respectively. Decided April 23, 1914,5
Messrs. Barry F. Morton and Thomas F. Inch, of Oakland, Calif.,
for the Company.
Mr. E. R. White, of Los Angeles, Calif., for the Machinists.
Mr. David Sokol, of Los Angeles, Calif., and Mr. J. F. Huffstutler,
of San Bernardino, Calif., for the Laborers.
Mr. Frank A. Harris, of Los Angeles, Calif., for the Blacksmiths.
Mr. John C. Stevenson, of Los Angeles, Calif., and Mr. A. O. May,
of San Bernardino, Calif., for the Teamsters.
Messrs. Charles S. McKinley and D. E. Huntington, of San Bernar-
dino, Calif., for the Plumbers.
Messrs. Lester O. Wilson and James E. Gilliam, of Los Angeles,
Calif., for the Operating Engineers.
Mr. William W. Robbins, of San Bernardino, Calif., for the
Electricians.
61 N. L. R. B., No. 108.
682
KAISER INDUSTRIES 683
Mr. B . W. Ragland , of San Bernardino , Calif., for the Carpenters.
Messrs. Katz, Gallagher c0 Margolis , of Los Angeles, Calif., and
Messrs. John A. Depol and James ' Thimmes, both of Maywood, Calif.,
for the CIO.
Mr. A. Sumner Lawrence , of counsel to the Board.
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by International Association of Machin-
ists Lodge 1047, AFL, herein called the Machinists; by International
Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of
America, Local 467, AFL, herein called the Teamsters; by Construc-
tion, Production & Maintenance Laborers' Local 783, AFL, herein
called the Laborers; by Local B-477 International Brotherhood of
Electrical Workers, AFL, herein called the Electricians; and by In-
ternational Union of Operating Engineers, Stationary Local Union
No. 63 and Local Union No. 12, AFL, herein called the Operating En-
gineers; by United Association of Plumbers & Steamfitters, Local
Union No. 364, AFL, herein called the Plumbers; and by United
Brotherhood of Carpenters and Joiners of America, Local No. 944,
AFL, herein called the Carpenters, alleging that questions affecting
commerce had arisen concerning the representation of employees of
Kaiser Industries,' herein called the Company, the National Labor
Relations Board provided for an appropriate consolidated hearing
upon due notice before William B. Esterman, Trial Examiner. Said
hearing was held at San Bernardino, California, on February 8 and
9, 1945. The Company, all petitioning unions, International Brother-
hood of Blacksmiths, Drop Forgers & Helpers, AFL, herein called the
Blacksmiths, and United Steelworkers of America, CIO, herein called
the CIO, both intervenors, appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence -bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded an
opportunity to file briefs with the Board.
Upon the entire record in the case the Board makes the following :
I The name of the Company , which was incorrectly set forth as "Kaiser Company, Inc,
Shell Division" on the petition filed by the Teamsters and formal papers relating thereto, ,
was amended without objection at the hearing.
684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Kaiser Industries , a California corporation and wholly owned sub-
sidiary of Henry J. Kaiser Company, has its principal office in Oak-
land, California, and is engaged in the business of constructing and
operating plants for the -production of ordnance items for the Ord-
nance Department of the United States Army. Of the several plants
operated by the Company, the only plant involved in the present pro-
ceeding is that located at or near Fontana , California , where the
Company is engaged in the manufacture of rough finished artillery
shells. The annual purchases by the Company of raw materials for
use at its Fontana shell plant are valued in excess of $1,000,000, of
which not less than 20 percent originates from points outside the
State of California. The entire output of the Company's Fontana
plant is shipped to localities out-side the State of California for ulti-
mate military use.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Association of Machinists, Lodge 1047; International
Brotherhood of Teamsters , Chauffeurs , Warehousemen & Helpers of
America, Local 467;' Construction, Production & Maintenance Labor-
ers' Local 783; Local B-477, International Brotherhood of Electrical
Workers; International Union of Operating Engineers , Stationary
Local Union No. 63 and Local Union No. 12; United Association of
Plumbers`& Steamfitters, Local Union No. 364; United Brotherhood
of Carpenters and Joiners of America, Local No. 944; and Interna-
tional Brotherhood of Blacksmiths, Drop Forgers & Helpers, are
labor organizations , affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
United Steelworkers of America, affiliated with the Congress of In-
dustrial Organizations , is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company stated at the hearing that it declined to recognize as
bargaining representatives for its employees any of the petitioning
labor organizations unless and until certified by the Board.
Statements of a Field Examiner for the Board and of the Trial
Examiner with respect to the authorization evidence submitted by
KAISER INDUSTRIES 685
the AFL Unions and the CIO were introduced in-evidence at the hear-
ing.2
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor Re-
lations Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
A. The contentions of the parties
Each of the AFL unions, with the exception of the Machinists and
the Laborers, has petitioned for a bargaining unit of craft employees
engaged in occupations bringing them within the jurisdiction of the
respective petitioners. The Machinists seeks alternative production
and maintenance units. Of these, the first excludes the claims of the
Carpenters, Plumbers, Teamsters, and certain classifications sought
by the Electricians. The second, or alternative unit urged by the
Machinists in the event that the units sought by the Carpenters,
Plumbers, and Teamsters are inappropriate, consists of a plant-
wide unit embracing all non-supervisory production and main-
tenance employees of the Company's Fontana shell plant, excluding
timekeepers. The Laborers seeks a semi-industrial unit of production
and maintenance employees wholly excluding the classifications sought
by the Teamsters, Plumbers, Carpenters, and Electricians, and par-
tially excluding the classifications claimed by the Operating Engineers.
On the other hand, the CIO denies the appropriateness of the units
proposed by the AFL unions and contends in the alternative (1) that
its outstanding certification covering the production and maintenance
employees at an adjoining steel mill operated by a corporation which
is also a subsidiary of the parent corporation of the Company, should
2 The following tabulation sets forth the statements of the Field Examiner and of the
Tiial Examiner in regard to authorization evidence submitted to them by the organizations'
herein involved.
Labor organization
Designations Approximatenumber in
Found on
pay roll in
Indicated
percentagesubmitted alleged unit alleged unit showing
Machinists__-_-_______________-________ 803 1, 600 589 36 8
Teamsters-------------------------------'- 33 34 9 26 4
Laborers --------------------------------- 61 1, 450 55 38
Electricians ______________________________ 28 39 15 38.4
Operating Engineers --------------------- 69 147 28 19
Plumbers -------------------------------- 19 17 13 76.4
Carpenters------------------------------- 7 12 5 41 6
Blacksmiths _____________________________ 37 563 18 3.2
Steelworkers (C I.0 )____________________ 122 1,600 102 63
639678-45-von 61-45
686 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
be construed as applicable to the Company's shell plant employees ;
and (2) that if an election is to be directed for the shell plant em-
ployees, the appropriate unit should be plant-wide without regard to
craft distinctions. The Company, while taking no position on the
issue of the proposed extension of the CIO's certification to cover shell
plant employees, takes substantially the same position as the CIO with
respect to an overall unit limited to shell plant employees.
The Company's operations cover approximately 40 acres adjacent
to the steel mill operated by Kaiser Company, Inc., the subsidiary
previously referred to, and include a portion of the steel mill facilities
in a building located on the premises of the latter corporation from
which the Company obtains substantially all the steel required for its
manufacturing operations. The organization of the Company dates
from approximately June 14, 1944, when, in the interest of economy
and efficiency with respect to certain contracts for the manufacture of
artillery shells, originally awarded by the United States Army on or
about April 14, 1944, to Kaiser Company, Inc., there was created a new
corporation which, by a novation of the parties, assumed the obligation
of -performing the shell contracts together with the completion and
operation of the several shell plants than in process of construction.
Prior to the awarding of such contracts, the Board, in a proceeding
affecting the Fontana employees of Kaiser Company, Inc., then en-
gaged in steel mill operations only, issued on February 10, 1944, a cer-
tification of the CIO as bargaining representative of the production
and maintenance employees of Kaiser Company, Inc., at its Fontana
operations.3 Thereafter, on October 23, 1944, subsequent to the be-
ginning of operations at the Fontana Shell plant and the assumption
by the Company of the shell contracts of Kaiser Company, Inc., the
latter filed a petition with the Board requesting that the Board de-
termine -whether or not the certification of February 10, 1944, was
applicable to the shell plant employees. The Board dismissed the
petition without prejudice upon the ground that without a hearing no
proper basis existed for determining whether or not shell plant em-
ployees were a part of the existing bargaining unit.
While it appears that the Company and Kaiser Company, Inc., are
controlled by a common parent corporation and have the same presi-
dent and general manager, the record indicates that they are distinct
and independent, corporations having separate personnel offices, per-
sonnel directors, and plant supervisors; that notwithstanding some in-
terchange of technical personnel upon a loan basis, each company has a
separate pay-roll division for its employees; and that facilities exist
- 54 N L . R., B. 1219. Following the certification of the CIO , the latter and Kaiser
Company, Inc., executed on June 3, 1944 , a collective bargaining agreement for the
employees covered by the Board ' s certification
KAISER INDUSTRIES 687
for the settlement by the management of each company, of grievances
arising at either the shell plant or the steel mill prior to the consid=
eration of such grievances by general counsel and the officials of the
parent Kaiser corporation. Moreover, it appears that the shell plant
employees have never had an opportunity to express their choice in the
selection of a bargaining representative, since the shell plant was not
in existence at the time the Board made its previous unit finding with
respect to the steel mill operations. Under the circumstances, we are
of the opinion that to include the shell plant employees within the
unit now represented by the CIO- without opportunity to the shell
plant employees to choose for themselves whether they desire to be
represented in a multiple-employer unit, would not effectuate the pur-
poses of the Act.4 Accordingly, we find that the certification of the
CIO is not applicable to the shell plant employees hereinabove re-
ferred to.
There exists the further question as to the type of unit appropriate
for the employees of the Company at its Fontana shell plant. While
the evidence discloses that the Company's manufacturing process is a
highly integrated single-line operation, and that two of the labor or-
ganizations herein have organized the shell plant employees upon a
plant-wide or semi -plant-wide basis, it is evident that the units sought
by at least four of the AFL unions 5 are basically craft in character
within the traditional craft jurisdiction of such labor organizations.
Accordingly, notwithstanding the highly integrated nature of the
Company's operations and the recognized necessity of maintaining the
production of materials vital to the war efforts we are of the opinion
that, in the absence of any history of collective bargaining among
shell plant employees, the craft employees sought by the Teamsters,
the Carpenters, the Plumbers and the Electricians, may properly con-
stitute separate bargaining units, or may be merged in a single unit
of shell plant employees.' In this situation, we shall permit the scope
of the bargaining unit or units to be determined, in part, by the results
of separate elections among the groups represented by the four unions
aforesaid. However, with respect to the units sought by the Black-
smiths, the Laborers,8 and the Operating Engineers, since it appears
4 See Matter of Demuth Glass Works , Inc., 53 N. L. R. B. 451; Matter of Westinghouse
Electric & Manufacturing Company, R-3535 , et al (unpublished ), issued February 10,
1945.
The Teamsters , Plumbers , Electricians , and Carpenters
The record does not establish the Company 's contention that collective bargaining on
the basis of craft units will of necessity prevent the Company from making efficient use
of its personnel in maintaining war production.
T See Matter of Bohn Aluminum & Brass Corporation, 52 N. L. R. B. 1305; Matter of
Remington Arms Company, Inc., 54 N L. R B. 338.
8In addition to the unit herein specifically proposed , the Laborers claims representation
I. a plant-wide unit which it urges as an alternative for the unit based on its petition
aforesaid
688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from overlapping jurisdictional claims and the inclusion of classifica-
tions not readily distinguishable from omitted classifications, that the
proposed units constitute heterogeneous groups, incapable of precise
definition and without distinct departmental or craft characteristics,
we find such units inappropriate and shall dismiss the petitions filed
herein by these labor organizations.0
B. The voting units
There remains for consideration the specific composition of the
voting units.
As previously indicated, the Teamsters, the Electricians, the Plumb-
ers, and the Carpenters, seek units which are basically craft in charac-
ter. However, both the Teamsters and the Electricians would include
within their respective groups certain classifications not traditionally
a part of the crafts of such organizations. In the case of the Team-
sters, the proposed unit would include in addition to the recognized
craft group of outside truck drivers,10 various plant clerical employees
under the classifications of issue and receiving clerks, warehouse
clerks, and warehouse leadmen. Similarly, the Electricians would
include crane operators 11 in the same group with numerous craft elec-
trical employees. While we agree with the Teamsters and the Elec-
tricians in their assertion of homogeneity for their respective groups
of craft employees, we cannot accept their proposed units in the form
in which they are requested. We shall, therefore, limit the proposed
units of the Teamsters and the Electricians to those classifications
which are a part of their traditional craft jurisdiction. 12
With respect to the residual group of production and maintenance
employees, the Machinists, the Laborers '13 and the CIO are in sub-
stantial agreement in regard to the classifications to be included or
excluded therefrom. The only serious dispute concerns the classifica-
tion of timekeepers whom the Machinists would exclude from the
production and maintenance group. The evidence reveals that while
the timekeepers herein concerned work throughout the plant, they
are pay-roll accounting employees under the supervision of the pay-
master through the chief timekeeper and have no interests or duties
paralleling those of the production and maintenance employees. In
view of this dissimilarity of duties and interest, we shall, in accordance
0 See Matter of The Weisberg Baer Company, 47 N L R. B. 26; Matter of Monsanto
Chemical Company, 55 N. L. R B 1452.
10 See Matter of All-Steel-Equip Company, Inc, 60 N. L. It. B 1305
" The Board has held that crane operators are not property within a craft unit of
electrical employees See Matter of Westinghouse Electric & Manufacturing Company,
53 N. L.R B 1
See Matter of Bohn Aluminum & Brass Corporation, 52 N. L. R B. 1305.
See footnote 8, supra.
KAISER INDUSTRIES 689
with our usual practice, exclude timekeepers from the voting group
of production and maintenance employees.14
The Company without opposition requests that the employees on its
separate construction pay roll be excluded from the production and
maintenance group. The request is hereby granted.15
Upon the entire record in the case and in accordance with the fore-
going findings of fact, we shall order elections among the employees
of the Company within the groups described below, excluding there-
from all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees or effectively recommend such action :
1. All outside truck drivers employed by the Company with respect
to its shell plant operations at Fontana, California;
2. All electrical repairmen A, B, and C; instrument men, A, B, and
C ; and lead electrical repairmen, employed by the Company with re-
spect to its shell plant operations at Fontana, California;
3. All pipe fitters A and B, and lead pipe fitters, employed by the
Company with respect to its shell plant operations at Fontana, Cal-
ifornia;
4. All carpenters, A and B, and lead carpenters, employed by the
Company with respect to its shell plant operations at Fontana, Cal-
ifornia;
5. All remaining production and maintenance employees of the
Company at its shell plant operations, Fontana, California, including
leadmen, plant clerical employees," but excluding all other clerical
employees, timekeepers, executive and administrative employees, fore-
men, office employees, plant-protection employees,17 technical and pro-
fessional employees, and all employees on the Company's separate con-
struction pay roll.
As stated above, there will be no filial determination of the appro-
priate unit or units pending the results of elections. This determi-
nation will, in part, depend upon the choice made by the employees
eligible to participate in such elections.
We shall direct that the employees of the Company eligible to vote
in the elections shall be those who were employed during, the pay-roll
period immediately preceding the date of the Direction of Elections,
14 See Matter of Douglas Aircraft Company, Inc , 60 N L R B 876
15 See Matter of Kaiser Company, Inc., Iron and Steel Division, 53 N L R B 880,
liheie the Board excluded similar construction pay-roll employees from a unit of production
and maintenance employees
16 Included under this classification are issue and receiving clerks, warehouse clerks,
and warehouse leadmen.
lv Excluded under this classification are watchmen , guards , firemen, and first-aid
employees.
690' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
subject to such limitations and additions as are set forth in the Direc-
tion.18
DIRECTION OF ELECTIONS
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, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Kaiser Industries,
Fontana, California, separate elections by secret ballot shall be con-
ducted 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 Twenty-first 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 Regulations, among those
employees who fall within the groups indicated below and 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 ill 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
any who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the elections :
1. The employees in the first voting group described in Section IV,
above, to determine whether they desire to be represented by Interna-
tional Brotherhood of Teamsters, Chauffeurs, Warehousemen & Help-
ers of America, Local 467, AFL, or by United Steelworkers of Amer-
ica, CIO, for the purposes of collective bargaining, or by neither ;
2. The employees in the second voting group described in Section
IV, above, to determine whether they desire to be represented by Local
B-477, International Brotherhood of Electrical Workers, AFL, or by
United Steelworkers of America, CIO, for the purposes of collective
bargaining, or by neither ;
3. The employees in the third voting group described in Section IV,
above, to determine whether they desire to be represented by United
Association of Plumbers & Steamfitters Local Union No. 364 AFL, or
by United Steelworkers of America, CIO, for the purposes of collec-
tive bargaining, or by neither;
18 We shall accord the Laborers a place on the ballot for the production and maintenance
group, although its showing of representation as a petitioning labor organization would
not ordinarily be considered adequate to justify the holding of an election , since it appears
that the Laborers has made some showing of representation in the overall group for
which upon other grounds 'an election is to be directed. See Matter of Castle Dome Copper
Co., Inc., 52 N . L. R. B. 135.
KAISER INDUSTRIES 691
4. The employees in the fourth voting group described in Section
IV, above, to determine whether they desire to be represented by
United Brotherhood of Carpenters and Joiners of America, Local No.
944, AFL, or by United Steelworkers of America, CIO, for the pur-
poses of collective bargaining, or by neither;
5. The employees in the fifth voting group described in Section IV,
above, to determine whether they desire to be represented by Interna-
tional Association of Machinists, Lodge 1047, AFL, or by Construc-
tion, Production & Maintenance Laborers Local 783, AFL, or by
United Steelworkers of America, CIO, for the purposes of collective
bargaining or by none of these organizations.
ORDER
IT IS HEREBY ORDERED that the petitions for investigation and certifi-
cation of representatives of employees of Kaiser Industries, Fontana,
California, filed herein by International Union of Operating Engi-
neers, Stationary Local No. 63 and Local Union No. 12, AFL, and by
Construction, Production & Maintenance Laborers Local 783, AFL,
be, and they hereby are, dismissed.
CrRAIRMAN MILLIS took no part in the consideration of the above
Decision, Direction of Elections, and Order.