Lever Brothers Co.

National Labor Relations Board - Board Decisions

Jul 8, 1944

57 N.L.R.B. 139 (N.L.R.B. 1944)

In. the, Matter, of LEVER; BROTHERS COMPANY-'and INTERNATIONAL
BROTHERHOOD OF FIREMEN AND OILERS, POWERHOUSE EMPLOYEES,
.OPERATORS AND MAINTENANCE MEN, LOCAL 3 (AFL)
Case No.1-R-1852.Decided July 8,19444
Mr.,Austin M. Fisher, of New York City, for the Company.,
Mr. Joseph P. McNamara, of Boston, Mass., for the Firemen.
Mr. Walter Potter, of Cambridge, Mass., and Mr. Joseph T. Healey,
of Allston, Mass., for the 'Soap Workers.
Mrs. Platonia P. Kaldes, of counsel to the Board.
DECISION ,
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Firemen
and Oilers, Powerhouse Employees, Operators and Maintenance Men,
Local 3 (AFL), herein called the Firemen, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Lever Brothers Company, Cambridge,-Massachusetts, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Leo J. Halloran,
Trial Examiner. Said hearing was 'held at Boston, Massachusetts,
on May 25, -1944., During -..the course of the hearing; Local -NO'. 22050,
United Soap, Glycerine and Edible Oil Workers Union (AFL), herein
called the Soap Workers, moved to intervene in the proceedings. The
Trial Examiner granted the motion. The Company, the Firemen, and
Soap Workers 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 Exam,-
iner's ruling made at the hearing are free from prejudicial 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:
FINDINds OF FACT
I: THE BUSINESS OF THE COMPANY
Lever Brothers Company, a Maine corporation, operates five, plants
57 N. L. R. B., No. 26. -
139
140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and many branch offices -and sales offices throughout the United States.
One of the five plants , the Cambridge plant, located at Cambridge,
Massachusetts , is solely involved in this proceeding . At the Cambridge
plant, the Company is engaged in the manufacture of soap and soap
products . For the 6-month period ending December 31 , 1943, the
Company used at its Cambridge plailt, raw materials valued at approx-
imately $9 ,500,000. , These raw materials consisted of tallow, cocoanut
oil, Babbassu ' oil, resin , grease, lard, castor, oil; caustic soda, caustic
potash, sodium silicate, sodium phosphate, sodium chloride , and per-
fumes. For the quarter ending December 31, 1943, about 841/2 percent
of the raw materials purchased by the Company was obtained outside
the Commonwealth ' of Massachusetts. During the same period, the
Company shipped to points outside the Commonwealth of Massachu-
setts 'finished , products having a , value of approximately $10,000,000.
The Company admits that it is, engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Firemen and Oilers, Powerhouse
Employees , Operators arid . Maintenance Men, Local 3, affiliated with-
the American Federation of Labor, is a ' labor organization admitting
to membership employees of the Company:
Local No. 22050 , United Soap, Glycerine and , Edible Oil Workers
Union, affiliated with the American Federation of Labor, is a labor
organization admitting to membership ,employees of the Company., .•
III. - THE QUESTION CONCERNING REPRESENTATION
The Company has had collective' bargaining 'contracts with the Soap
Workers since 1939. The last of such contracts was executed' June 25,
1943. It covers all employees "eligible for membership" in the Soap
Workers executive , supervisory , or clerical employees . 'By its terms,
the said contract is to " "remain in effect for the duration of the present
war or six months thereafter,' and shall continue in force thereafter
unless• thirty ( 30) days' written notice is ', given by either party that
changes, amendments, or terminations are desired."
About March 7 , 1944 , the Firemen wrote `to the Company stating
that it represented all its employees in the powerhouse and requesting
a conference for the purposes of recognition arid for collective bar-
gaining. By letter dated March 27, 1944, the Company replied- that
it had an-existing contract with the -Soap Workers covering the power-
house employees and therefore refused to recognize the Firemen as a
separate -bargaining , agent for these employees . The Firemen filed
its petition herein on March 27 , 1944.
LEVER BROTHERS COMPANY 141
At the hearing, the Company contended that the unit sought by
the Firemen was not appropriate at this time, that the employees the
Firemen sought to represent were covered by the contract with the
Soap Workers, and that, accordingly, it persisted in its refusal to
accord recognition to the Firemen. The Company did not, however,
specifically urge the existing contract to be a bar to the instant pro-
ceeding. In any event, since, as hereinafter noted, the Soap Workers
has relinquished jurisdiction over the employees the Firemen seeks
to represent, and the contract is of indefinite duration,' we find that
the said contract does not, constitute a bar to a present determination
-of representatives.
A statement of a' Board agent, introduced into evidence at' the
hearing, indicates that the Firemen represents a substantial number
of employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
,the representation of employees of the Company, within the meaning
of'Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Firemen seeks a unit composed of all employees in the power-
house of the Company's Cambridge plant excluding-the Chief Engi-'
weer. The Company is opposed to the segregation of the powerhouse
employees in a unit separate from that of production employees.
The Company employs approximately 18 persons in the powerhouse
of, its Cambridge plant, exclusive of the Chief Engineer. Four are
watch engineers, four are firemen, two are maintenance men, two are
coal handlers, three are attendants,' one is a boiler water treater and
oiler, one a bunker, and one a fire cleaner. They all perform duties
directly connected with the operation and maintenance of the plant
power and heating equipment. All are under the direct supervision
of the Chief Engineer, and all work in the same location in the plant.
The watch engineers are salaried employees, while all the others are
hourly paid. The record'clearly shows that the powerhouse employees
are not directly • concerned with production and' constitute a well-
defined, homogeneous group of employees whose work requires, in the
majority of cases, a distinct skill and some specialized training.3
' See Matter of The Trailer Company of America, 51 N L. R. B. 1106
3 The Field Examiner reported that the Firemen submitted 18 authorization cards, and
that the names of all persons appearing on the cards were listed on the Company' s pay roll
of April 4, 1044,' which a contained the names of 18 employees in the appropriate unit.
' The Company contends that, with the exception of firemen (who must have a State
license in order to be employed as such) and watch engineers , the other employees in the
powerhouse do not need to have any particular skill or training in order to perform their
duties. The record establishes, however, that prior training is required for the proper per-
formance of the duties of powerhouse employees other than firemen or watch engineers, and
1
142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Although, as the Company contends, the hourly paid workers-in
the powerhouse have been considered in, the past as part of the plant-
wide production unit represented by the Soap Workers,4 and have been
specifically referred to in the collective bargaining contracts, that fact
is not material in the circumstances here presented. The evidence
establishes that the powerhouse employees have never been members
of the Soap Workers, and that whatever references have been made
to powerhouse employees in the collective bargaining contracts be,
tween the,Soap Workers and the Company, have been for the purpose
of protecting other members of the plant ,wide unit from inequities.'
It appears that the powerhouse employees desire to -be represented by,
the Firemen. Moreover, the Soap Workers has ceded jurisdiction
over the powerhouse employees to the Firemen, and does not desire or
intend to bargain for them in the future.
In view of the foregoing facts, we find that all employees in the
powerhouse of the Company's Cambridge plant, excluding the Chief
Engineer and all other supervisory employees with authority to hire,
'promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend- such- action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.-'
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot, among the, em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth, in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by' Section 9 (c) of the National Labor'Rela-
tions-Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and ;Regulations=Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of -collective bargaining with Lever Brothers
Company, - Cambridge, Massachusetts, an election by, secret ballot
shall be conducted as early as possible, but not later than thirty (30)
that such employees occupy a relationship to firemen and watch engineers similar , to that
i eupied by apprentices or helpers to employees in recognized traditional craft groups.
4•It is conceded that the four salaried employees in the powerhouse have never been con-
sidered part of the plant -wide unit which was confined to hourly paid workers, and that
these four have not been represented by any bargaining agent.
6 See Matter of Caterpillar Tractor Co., 56 N. L'R B 122; Matter of General Tire and
Rubber Co , 55 N L. R B 250
LEVER BROTHERS COMPANY 143
days from the date of this Direction, under the direction ^ and super-
vision of the Regional Director for the 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 the employees in the unit found -appropriate' in Section IV,
above, 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 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, to determine whether,or not they desire to
be represented by International Brotherhood of Firemen and Oilers,
Powerhouse Employees, Operators and Maintenance Men, Local 3,,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining.