Koppers Co., Inc.

National Labor Relations Board - Board Decisions

Feb 26, 1957

117 N.L.R.B. 422 (N.L.R.B. 1957)

422 DECISIONS, OP'NATIONAL LABOR RELATIONS BOARD
and supervisors as defined in the Act, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
5. At, the hearing the Employer stated that it planned to open an-
other plant, in Minerva, Ohio, 50 or 60 miles from Cleveland, about
the middle of December 1956, and voiced some apprehension that pos-
sible employee shifts in connection with the new plant might be mis-
interpreted, for which reason it would prefer to have the election de-
layed until after the opening of the new plant. It did not contend
that the two plants should be one unit. In the circumstances no reason
appears to delay the election which we direct herein.
[Text of Direction of Election omitted from publication.]
Koppers Company, Inc., Chemical Division, Williams Plant and
Local Union No. 390 of the International Brotherhood of Elec-
trical Workers, AFL-CIO, Petitioner
Koppers Company, Inc., Chemical Division, Williams Plant and
United Association of Journeymen and Apprentices of the
Plumbing and Pipe Fitting Industry of the United States and
Canada, AFL-CIO, Petitioner
Koppers Company, Inc., Chemical Division, Williams Plant and
Lodge 823 of District 31, International Association of Machin
istsy AFL-CIO, Petitioner
Koppers Company, Inc., Chemical Division, Williams Plant and
Local 66, Office Employees International Union, AFL-CIO,,
Petitioner., Cases Nos. 39-RC-1086, 39-RC-1087, 39-RC-1097,
and 39-RC-1092. February 26, 1957
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
Lewis T. Roebuck, hearing officer. The hearing officer's rulings made
%t the hearing are free from prejudicial error and are hereby affirmed.
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. Questions affecting commerce exist 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.
117 NLRB No. 64.
KOPPERS COMPANY, INC. 423
4. The appropriate units :
The Petitioner in Case No. 39-RC-1086, Local Union No. 390 of
the International Brotherhood of Electrical Workers, AFL-CIO,
herein called the IBEW, seeks to sever a craft unit of all maintenance
electricians classified as electricians first class and electricians second
class, and all maintenance instrument men classified as instrument
mechanics first class and instrument mechanics second class, from a
production and maintenance unit at the Employer's Williams plant in
Port Arthur, Texas, which is currently represented by the Intervenor,
International Chemical Workers Union, Local 557, AFL-CIO.' The
Petitioner in Case No. 39-RC-1087, United Association of Journey-
men and Apprentices of the Plumbing and Pipe Fitting Industry of
the United States and Canada, AFL-CIO, herein called the Plumbers,
requests severance of a craft unit of all pipefitter-welders first class
and pipefitter-welders second class from the existing production and
maintenance unit. The Petitioner in Case No. 39-RC-1097, Lodge
823 of District 31, International Association of Machinists, AFL-CIO,
herein called the IAM, seeks to sever a craft unit of all inside and
outside machinists and apprentices from the production and mainte-
nance unit. The Petitioner in Case No. 39-RC-1092, Local 66, Office
Employees International Union, AFL-CIO, herein called Local 66,
seeks to represent a unit of office clerical employees who are currently
unrepresented and for whom there is no history of collective
bargaining.2
The Employer and the Intervenor moved to dismiss the petitions in
Cases Nos. 39-RC-1086, 39-RC-1087, and 39-RC-1097 on the ground
that the employees sought are not craftsmen exercising the skills of
their respective crafts. In Case No. 39-RC-1092, the Employer moved
to dismiss the petition on the ground that the requested office clerical
unit was inappropriate because it includes employees who the Em-
ployer asserts are confidential employees .3
The Employer is engaged in the production of polyethylene and
ethylbenzene at its Williams plant in Port Arthur, Texas, where it
commenced production operations in 1953. In the production of poly-
ethylene, ethylene gas is brought into the Williams plant under
1 The Intervenor , which was certified by the Board in 1953 as bargaining agent for all
production , maintenance , and service employees , excluding all office clerical and plant
clerical employees , guards , cadet engineers , professional employees , and all supervisors,
has represented this unit under a contract with the Employer which is not here asserted
as a bar.
2 On January 4; 1957, Local 66 moved to sever its case from the other cases herein for
decisional purposes , asserting that the issues presented in its case were divorced from
those presented in the craft severance cases and should be decided separately to expedite
a decision thereon. However , in view of our decision to direct elections in the craft
severance cases herein , as well as in Case No. 39-RC-1092 filed by Local 66, we find
that it will best effectuate the policies of the Act to direct that simultaneous elections
be held. The motion to sever filed by Local 66 Is therefore denied.
9 The Intervenor did not intervene in Case No . 39-RC-1092 and took no position with
respect to Local 66's unit request in that case.
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pressure and is then compressed and reacted into polyethylene. In pro-
ducing ethylbenzene, benzene and ethylene are reacted and styled into
the final product.
In addition to various production buildings and office structures
where the office clericals sought by Local 66 are housed, the Employer
has a maintenance shop in which the maintenance department is lo-
cated. It is in this department that the electricians and instrument
men, pipefitter-welders, and inside and outside machinists whom the
IBEW, Plumbers, and IAM, respectively, seek to represent on a craft
basis, are located.
A. Maintenance electricians and instrument mechanics unit
(Case No. 39-RC-1086) -
The IBEW seeks to sever a craft unit of all maintenance electricians
classified as electricians first class and electricians second class, and all
maintenance instrument men classified as instrument mechanics first
class and instrument mechanics second class at the Williams plant
from the existing production and maintenace unit. The Employer
,contends that the petition in this case should be dismissed on the
ground that the employees sought are not craftsmen. The Intervenor
urges that the Board deny craft severance to the IBEW on the ground
that the unit is not sufficiently large to justify severance.
There are 3 maintenance electricians first class and 5 instrument
mechanics first class in the maintenance department who work under
the immediate supervision of a maintenance foreman who formerly
was a first-class electrician.' Both classifications of employees have
separate work benches and storage lockers where tools and test instru-
ments customarily used by electricians and instrument mechanics are
kept. Both classifications report to these areas at the beginning and
the end of their workday. Timecards for both classifications are kept
solely by their foreman.
The Employer purchases its current at a voltage of 69,000 volts
from a local utility. This voltage is fed into two transformers on
the Employer's premises where it is reduced to 2,300 volts. From
there, the current is transmitted to various substations around the
plant where the voltage is further reduced to 440 volts and 110 volts,
and is directly transmitted to appropriate motors in the plant. The
electricians cut into or work on these high voltage lines without cutting
off the power and, in doing so, utilize the special protective equipment
and tools employed by the electrical craft. When work must be per-
formed in the power substations, only the services of electricians are
,utilized.
4 Except when required to work overtime or on emergencies, no other foremen supervise
these employees.
KOPPERS COMPANY, INC. 425
In addition to servicing the foregoing high voltage equipment, the
maintenance electricians perform trouble-shooting on electrical equip-
ment, install various electrical motors, maintain space heaters and
Freon gas in the air-conditioning system, and repair the Employer's
refrigeration equipment.
The five instrument mechanics first class install, maintain, and
repair temperature and pressure gauges, flow records and controllers,,
thermometers, relief valves, sight glasses, and all allied equipment
necessary for controlling the chemical processes in which the Em-
ployer is engaged. In checking instruments in the plant, which are
operated both electrically and by air pressure, the instrument me-
chanics utilize specialized equipment located at their work bench
which are not used by any other classifications of employees.
The Employer asserts that, although the electricians and instru-
ment mechanics exercise skills and utilize tools customarily associated
with their respective crafts, they lack the qualities of craftsmen
because the Employer maintains no apprenticeship or formalized
training program by which they can acquire craft skills, because
first-class jobs are acquired by competitive bidding for vacancies, and
because these employees perform work outside of their respective
crafts. The record discloses that, in hiring electricians and instru-
ment mechanics, the Employer investigates the applicant's past expe-
rience in his trade. Of the electricians and instrument mechanics
who were called to testify in this proceeding, all had extensive expe-
rience in their trade. Thus, 1 electrician had approximately 20 years
of experience as an electrician and had been rated as a journeyman.
Another electrician had in excess of 2 years' experience as a first-class
electrician before his employment by the Employer and acquired a
first-class rating with the Employer after 3 years of experience in a
helpers' pool. One instrument mechanic testified that he had approxi-
mately 10 years' previous experience as an instrument mechanic in
addition to training he received at a vocational training school.
Pursuant to the contract between the Employer and the Intervenor,
first-class ratings are acquired by bidding for posted job vacancies.
When electricians and instrument mechanics with prior experience
are hired and no vacancies in the first-class ratings exist, they are
placed in a helpers' pool. When a first-class rating is vacant, the job
is filled by bids. In selecting a candidate for the position, the
Employer assesses the skills and qualifications of the candidate. The
Employer's maintenance department foreman testified that no em-
ployee attains a first-class rating without possessing the requisite
qualifications acquired through training either at the Employer's
plant or elsewhere.
The record discloses that there are no transfers between electricians
and instrument mechanics and the other job classifications. Because
426 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Employer does not employ carpenters, masons, or operating engi-
neers, the electricians and instrument mechanics perform the work of
these classifications but only to the extent that such work is necessary
-for the completion of their own electrical or instrument duties.
On the basis of the foregoing, and the entire record, we are satisfied
that, despite the absence of an apprenticeship or formalized training
policy, the first-class electricians and instrument mechanics make use
of all the skills usually associated with their respective crafts. We
therefore find, contrary to the Employer's contention, that these
employees constitute an identifiable skilled and homogeneous craft
group which may, if they so desire, be separately represented.'
Moreover, we find without merit the Intervenor's contention that the
petition herein should be dismissed because the unit sought is too
small to warrant severance.' As the IBEW has traditionally devoted
itself to the representation of such employees, we find that the criteria
for craft severance have been met.
Accordingly, we find that the Employer's maintenance electricians
first class and instrument mechanics first class employed at its
Williams plant in Port Arthur, Texas, excluding all other employees,
professional employees, guards, watchmen, and all supervisors as
,defined in the Act, may constitute an appropriate unit within the
meaning of Section 9 (b) of the Act, if they so desire.
B. Pipe fitter-welders unit (Case No. 39-RC-1087)
The Pipefitters in Case No. 39-RC-1087 seek to sever a unit of all
pipefitter-welders first class and pipefitter-welders second class from
the existing production and maintenance unit on the ground that they
constitute a severable craft group. The Employer and the Intervenor
moved to dismiss the petition in this case, contending that the unit
sought is inappropriate because it is not composed of craftsmen.
There are 9 pipefitter-welders in the requested unit who are super-
vised by 2 foremen who also supervise the machinists in the mainte-
nance department. All the pipefitter-welders possess first-class job
classifications. The duties of the pipefitter-welders consist of repair-
ing and replacing all types of pipe, including cast iron, concrete, steel,
stainless steel, and masterlode; replacing valves; maintaining pipe in
pump and cooling drains; and performing welding operations in con-
nection with the foregoing duties.' In the performance of their duties,
6 See East Texas Pulp & Paper Company, 113 NLRB 539, 544-45; Universal Match
Corporation, 116 NLRB 1388; American Tobacco Company , Incorporated, 115 NLRB
218, 219. As the Employer does not employ any second -class electricians or instrument
mechanics , we shall not include such classifications in the unit description.
° See American Tobacco Company , Incorporated, supra
v All welding for structural steel is performed by the boilermakers in the maintenance
department.
KOPPERS COMPANY, INC. 427
the pipefitter-welders utilize such tools as pipe machines, cutting
torches, wrenches, and welding machines.
Like the electricians sought by the IBEW, the pipefitter-welders
indicated their past experience in that trade on their application forms
at the time of their employment. In addition, these employees under-
went welding tests to establish their proficiency in that field. The
record discloses that pipefitter-welders who are not initially hired to
fill first-class openings are placed in a helpers' pool until vacancies
in such classifications arise, at which time they are selected for such
openings provided that they possess the requisite skill. One of the
pipefitter-welders who was initially hired as a first-class pipefitter-
welder had, previous to his employment with the Employer, served an
apprenticeship and had attained a journeyman pipefitter rating.
Pipefitter-welders do not interchange with any other employees at
this plant. Except in cases of emergency, or when overtime work is
required, pipefitter-welders do not perform work outside their trade.
Because the Employer does not employ all of the gamut of crafts at its
plant, pipefitter-welders, like the electricians, may perform some car-
pentry or masonry duties but only insofar as these duties facilitate or
are necessary for the performance of their pipefitting-welding work.
Although the Employer maintains no apprenticeship or formalized
training program for pipefitter-welders, we are satisfied on the record
that these employees utilize the skills and equipment generally identi-
fied with the pipefitting craft. Accordingly, we find that the pipe-
-fitter-welders constitute a craft group which is entitled to separate
-craft representation if the employees so desire .8 - As the Plumbers
have traditionally represented such craft groups, the criteria for craft
severance have been satisfied.
We find that all pipefitter-welders first class 9 at the Employer's
Williams plant in Port Arthur, Texas, excluding all other employees,
-professional employees, guards, watchmen, and all supervisors as
defined in the Act, may constitute an appropriate unit within the mean-
ing of Section 9 (b) of the Act.
C. Inside and outside machinists unit (Case No. 39-RC-1097)
The IAM requests severance of a craft unit of all inside and outside
-machinists and apprentices from the production and maintenance
unit. The Employer and the Intervenor oppose severance of these
,employees on the ground that they are not craftsmen.
The Employer employs 10 first-class inside and outside machinists
in its maintenance department. Their duties consist of repairing
B See American Tobacco Company, Incorporated, 108 NLRB 1211, 1213
Q The Employer does not employ any pipefitter -welders second class. We shall there-
fore omit this classification from the unit description.
428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pumps, packing, making shafts, fitting bearings, refacing and reseat-
ing valves, stems, and plugs, running engine lathes, and turning shafts
during which they work to close tolerances. In addition, the ma-
chinists make small shafts and bushings and remove pipes on pumps
up to the first joint, from where the pipefitter-welders take over. In
the performance of their duties, the machinists use such tools as
lathes, shapers, Do-all saws, and drillpresses. No other employees in
the department operate these tools.
The record discloses that machinists possess and exercise the skills of
journeymen machinists and that there is no interchange between
machinists and other classifications of employees. While some of the
machinists perform such work as crating machinery, building scaf-
folds, and putting forms in concrete, it seems clear that the normal
duties of these employees during regular working hours are those per-
formed by machinists.
Although the Employer does not maintain an apprenticeship or
formalized training program for the inside and outside machinists,
we are satisfied that the machinists here sought possess and exercise
the skills normally associated with the machinists' craft and that they
are craftsmen.1° Accordingly, as the IAM has traditionally repre-
sented units of these craft employees, we find that the inside and out-
side machinists may, if they so desire, choose to be separately repre-
sented by the IAM for the purposes of collective bargaining.
We find that all inside and outside first-class machinists ti at the
Employer's Williams plant in Port Arthur, Texas, excluding all other
employees, professional employees, guards, watchmen, and all super-
visors as defined in the Act, may constitute an appropriate unit within
the meaning of Section 9 (b) of the Act.
D. Office clerical unit (Case No. 39-RC-109?)
In Case No. 39-RC-1092, Local 66 seeks a unit of all office clerical,
employees at the Employer's Williams plant in Port Arthur, Texas,
excluding all production and maintenance employees, guards, watch-
men, and all supervisors as defined in the Act. The Employer asserts
that the requested unit is inappropriate for the reason that it would
include employees who are confidential employees, and contends that
the petition should, for this reason, be dismissed,
There are 16 office clerical employees at this plant who are currently
unrepresented. The Employer asserts that the secretary to the plant
manager, the stenographer-clerk who works for both the plant man-
1° See Ketch,kan Pulp Company, 115 NLRB 279, 282.
n As the Employer does not now employ inside and outside machinists ' apprentices,
whom the TAM seeks in its petition, we shall exclude such classifications from the unit
description.
KOPPERS COMPANY, INC. 429'
ager and the assistant plant manager, and the two stenographer-
clerks who work for the personnel manager, are confidential em-
ployees. The record discloses that the plant manager, assistant plant
manager, and the personnel manager formulate, determine, and effec-
tuate all labor relations policies for the Employer in that they draw up
contract proposals, participate in contract negotiations with labor or-
ganizations , and execute negotiated labor agreements on behalf of the
Employer. In addition, they process grievances arising under collec-
tiveaiargaining, contracts. The secretary and stenographer-clerks in
que,stion take dictation and type, up the Employer's contract proposals
before they are submitted to, labor, organizations, take minutes of
grievance discussions and type up grievance replies, and receive, route,
and file confidential advisories from the Employer's labor relations
attorney relating,to suggested labor relations policies.
On the basis of the foregoing, we find that the secretary to the plant-
manager, the stenographer-clerk who. works for both the plant and
assistant plant managers, and the stenographer-clerks who work for
the personnel manager, assist and'act in a confidential capacity to per-
sons who formulate, determine, and effectuate management policies
in the field of labor relations. We therefore find that they are con-
fidential employees. 12 The fact that Local 66 seeks to represent con-
fidential employees who may, not, properly be part of an otherwise ap-
propriate,bargaining unit -of-office clerical employees does not, as the
Board has frequently ruled, require dismissal of its petition.13 The
Employer's motion to dismiss the petition herein is therefore denied.
Accordingly, we find that a unit of office clerical employees at the
Employer's Williams plant in Port Arthur, Texas, excluding the
secretary to the plant manager, the stenographer-clerk who works for
both the plant and assistant plant managers , the stenographer-clerks
who work for the personnel manager, all other employees, professional
employees, guards, watchmen, and all supervisors as defined in the
Act,. constitute a. unit appropriate ,for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of`the Act.
In view of the foregoing, we shall direct that elections be conducted
in the following unit (A) and voting groups (B), (C), and (D) of
employees at the Employer's Williams plant in Port Arthur, Texas:
(A) All office clerical employees, excluding the secretary to the
plant manager, the stenographer-clerk who works for both the plant
and assistant plant managers, the stenographer-clerks who work for
the personnel manager, all other employees, professional employees,
guards, watchmen, and' all supervisors as defined in the Act.
ee The B F Goodrich Company, 115 NLRB 722. 724129
E g Plankinton Packing Coinpany (Divisaon of Bn'oft d Co.), 116 NLRB 1225
430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(B) All maintenance electricians first class and instrument me-
chanics first class, excluding all other employees, professional em-
ployees, guards, watchmen, and all supervisors as defined in the Act.
(C) All pipefitter-welders first class, excluding all other employees,
professional employees, guards, watchmen, and all supervisors as de-
fined in the Act.
(D) All inside and outside machinists first class, excluding all
other employees, professional employees, guards,-watchmen, and, all
supervisors as defined in the Act.
If a majority of employees in voting groups (B), (C), or (D)
select a union seeking to represent them separately, those employees
will be taken to have indicated their desire to constitute a separate
bargaining unit and the Regional Director conducting the election is
instructed to issue a certification of representatives to the labor organ-
ization selected by the employees in each group for such unit, which
the Board in such circumstances, finds to be appropriate for purposes
of collective bargaining. On the other hand, if a majority of the
employees in any of voting groups (B), (C), or (D) do not vote for
a union which is seeking to represent them in .a separate unit, .these
employees shall remain' part of the existing, unit- -and-" the Regional-
Director will issue a certification of results to such effect.
[Text of Direction of Elections omitted from publication.]
Superior Sleeprite Corporation and Local 1010, United Furniture
Workers of America , AFL-CIO, Petitioner. Case No. 01-RC-
4498. February 06,1957
DECISION AND CERTIFICATION OF REPRESENTATIVES"
On ' September 5, 1956, pursuant to a stipulation for certification
upon consent election, an election by secret ballot was conducted un-
der the direction and supervision of the Regional Director for the
Twenty-first Region among the employees in the stipulated unit.
Upon completion of the election, the parties were furnished with a
tally of ballots. The tally shows that of approximately 122 eligible
voters, 40 voted for the Petitioner, 73 voted for the Intervenor, Local
123, Furniture Workers, Upholsterers and Wood Workers Union,
and 2 voted. against both labor, organizations.
On September 12,1956, the Petitioner timely filed objections to the:
election. The Regional Director investigated' the objections and on
December 3, 1956, issued and duly served upon the parties a report on
objections in which he recommended that the objections be overruled.
117 NLRB No. 65.