Olin Industries, Inc.

National Labor Relations Board - Board Decisions

Sep 2, 1948

79 N.L.R.B. 455 (N.L.R.B. 1948)

V., i
In the Matter of OLIN INDUSTRIES , INC., WESTERN CARTRIDGE DIVISION,
EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS,
DISTRICT No. 9, (PETITIONER= - J (" d - - I - , - T
In the Matter of OLIN INDUSTRIES , INC., WESTERN CARTRIDGE DIVISION,
EMPLOYER and INTERNATIONAL CHEMICAL WORKERS UNION, LOCAL
No. 6, AFL, PETITIONER
In the Matter of OLIN INDUSTRIES , INC., WESTERN CARTRIDGE DIVISION,
EMPLOYER and WESTERN EMPLOYEES TRADE COUNCIL, AFLf
PETITIONER
Cases Nos. 1-1j-RC-56, 14-RO7-64, and 14-RC--80, respectively.-
Decided September 0, 1948
DECISION
DIRECTION OF ELECTION
AND
ORDER
Upon separate petitions duly filed, a consolidated hearing was held
before a hearing officer of the National Labor Relations Board. The
hearing officer's rulings made'at the hearing are free from prejudicial
error and are hereby affirmed.
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-man panel consisting of the undersigned Board
Members.*
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 organizations named below claim to represent em-
ployees of the Employer.
* Chairman Herzog and Members Murdock and Gray.
I Olin Industries , Inc., is the successor in name to the Western Cartridge Company and
other companies at East Alton , Illinois. See Matter of Western Cartridge Company, et al.,
46 N. L R. B. 948 All operations have at all times been under a continuous , single
management.
•
79 N. L. R. B., No.- 66.
455
456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
4. The appropriate units; the determination of representatives:
The Employer is engaged in the manufacture of ammunition, ex-
plosives, and other products at a plant, known as its Western Cartridge
Division; .,it East, Alton, Illinois. There are approximately 4,700
production ai'd maintenance employees at this plant,'of whom between
150 and 200 are employed in the Employer's Smokeless Powder Divi-
sion,2 which until, recently has been separated from, the remainder
of the Employer's plant by a river and fence.
In 1941 the Board certified the predecessor of International Chem-
ical Workers Union, Local No. 6, hereinafter called the Chemical
Workers, as the bargaining representative of all hourly paid produc-
tion and maintenance employees of the Smokeless Powder Division.3
Since the formation of the Chemical Workers, the Employer has con-
tinued to bargain with that organization for such employees. In 1943
the Board certified the "American Federation of Labor and Affiliated
Organizations," hereinafter callect the AFL, as the bargaining rep-
resentative of all the production and maintenance employees of the
Employer, excluding the employees of the Smokeless Powder Division
represented by the Chemical 117orkei's 4 Since 1946, pursuant to the
request and agreement of International Association of Machinists,
District No. 9, hereinafter called the JAM, and Western Employees
Trade Council,5 hereinafter called the Council, the Employer has rec-
ognized the IAM and the Council as separate and independent repre-
sentatives of the employees allocated to them respectively under the
original contract between the Employer and the AFL. By virtue
of this division, the IAM became the sole representative of substan-
tially all the production employees at the Employer's plant,° exclud-
2 Although the Employer states that the correct name for this division is "Powder and
Explosives Division," the term "Smokeless Powder Division" is still commonly used.
3 Matter of Western Cartridge Company, 31 N L. R. B 888 and 32 N. L. R. B. 644. At
the time of its certification, the Chemical Workers, Local No 22574 was directly chartered
by the AFL Subsequently, the Chemical Workeis International Union was formed and a
charter issued by that organization to Local No. 6.
See Matter of Western Carti idge Company, et al, sapra, footnote 1.
Western Employees Trades Council is the successor in name to the American Federation
of Labor and affiliated organizations The Council is the bargaining representative for the
following labor organizations : International Brotherhood of Electrical Workers, Local
649 _United Brotherhood of Carpenters and Joiners of America, Local 1186 ; International
Union of Operating Engineers, Local 525; United Association of Journeymen and Appren-
tices of the Plumbing and Pipefittmg Industry of the U. S and Canada, Local 553; Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America,
Local 525 , International Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of
America, Local«483 ; International Hod Carriers , Building and Common Laborers Union of
America. Local 388; Brotherhood of Painters , Decorators and Paper Hangers of America,
Local 917, Hotel and Restaurant Employees, International Alliance , Local 243.
6 Approximately 4,000 employees
OLIN INDUSTRIES, INC. 457
ing those in the Smokeless Powder Division. Also included among
the employees represented by the JAM is a group of maintenance
machinists. The Council continued to represent substantially all other
craft employees.7
In the present proceedings, the IAM and the Chemical Workers
each has filed a petition requesting substantially the unit which it
presently represents. The Council, by its petition herein, seeks to add
to the group it presently represents the millwright group described
below. No disagreement exists concerning the composition of the
appropriate units, with the following two exceptions :
(a) The IAM and the Chemical Workers both seek to include the
employees of a recently organized "New Wad Department," located
in the Smokeless Powder area, in the units of employees already
represented by them ; (b) the IAM seeks to include the millwright
group of employees, in the unit presently represented by it, while the
Council seeks to include such employees in its multi-craft unit. The
Employer takes no position and is willing to abide by the Board's
determination in these matters.
a. New Wad Department Employees.
In -July 1947; the Employer reorganized the Smokeless Powder
Division by including five additional departments," one of which is
the Wad Department, hereinafter called the Old Wad Department.
Thereafter the Employer organized in the Smokeless Powder area
the New Wad Department to exploit a new process for the manufac-
ture of wads. The New Wad Department is under the general supervi-
sion of the superintendent and assistant superintendent of the Smoke-
less Powder Division who, in turn, report to the Works Manager in
charge of the entire plant. It is, however, under the immediate super-
vision of the Old Wad Department superintendent and foreman.
At present there are only eight regular employees in the New Wad
Department, four of whom are transferees from the Old Wad De-
partment and four of whom were hired from the outside .9
Both departments manufacture wads for loading shot shells, the
Old,Wad Department making cork wads and the New Wad.Depart-
ment paper wads. The manufacturing process in both instances gen-
erally consists of the operation of pumping, mixing, and drying
machinery, the transportation of materials within the' departments,
and the visual inspection of completed articles. Both operations
7 Approximately 500 employees , members of the unions mentioned in footnote 5, supra
8 This was merely an administrative change , as all the added departments remain in their
former location , across the river from the Smokeless Powder area
e The Employer expects to transfer all the 30 to 35 employees of the Old Wad Department
to the New Wad Department which, when fully completed, will have an expected comple-
ment of 25 to 35 employees . Such transfer will not be completed , however, for about 2
years.
1
458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
require the same type of semi-skilled male help to operate hydraulic
and mechanical mixing machinery 10 and the same type of unskilled
female help to inspect completed wads. Present employees of the
Old Wad Department are being-used for temporary assignments in the
New Wad Department.
In the Smokeless Powder area, where the New Wad Department
is located,,and where the Chemical Workers represents all the em-
-Lployees, the Employer manufactures :various kinds of explosives and
operates a large number of experimental laboratories." Although
some of the mechanical mixing, distilling, and drying operations
in the New Wad Department are comparable to similar operations
in the manufacture of powder, employees engaged in the latter work
are required to have an understanding of chemicals and a knowledge
of the rules and regulations for handling powder, explosives, and
other chemical elements. Employees in the New Wad Department
do not need such understanding or knowledge.
In view-of the common supervision and similar skills and working
conditions of the employees of the Old and New Wad Departments,
and the interchange of employees between these departments,-we be-
lieve that the employees of theNew Wad Department possess interests
in common with the employees of the Old Wad Department and other
production employees who have been represented by the IAM, rather
than with the employees of the Smokeless Powder Division .12 In
these circumstances, we find that the New Wad Department employees
are appropriately a part of the production unit presently represented
by the IAM and that the IAM may continue to bargain for these
employees as part of such unit.
As the Chemical Workers, under its current contract with the
Employer, is presently bargaining for all the employees in the unit
sought by it, excluding the New Wad Department employees (whom
we have hereirrbefore found to constitute part of the unit sought by
the IAM), and as the Employer, at the hearing, did not question the
right of the Chemical Workers to continue to represent such employees,
we find that no question concerning representation exists as to such
employees. Accordingly, we shall dismiss the petition of the Chemi-
cal Workers.
b. Millwrig/it Group 13
10 One or two new classifications of male help may have to be established because of
differences in machines -
11 Cellulose film pilot plant, flashlight batteries, and ballistic research laboratories
11 We note that the Chemical workers does not seek to represent any other of the five
departments which have been administratively transferred to the Smokeless Powder Division.
18 In this group there are 43 employees : 29 first-class millwrights , 6 millwiight helpers,
3 oilers , and 5 head belt men. There are at present , no-second-class millwrights , or belt
men. There is no dispute as to the 3 or 4 employees working in the brass mill exclusively,
i
OLIN INDUSTRIES, INC. 459
Before 1946 the millwright group was included in the production
and maintenance unit represented by the AFL. When the Employer
extended separate recognition to the IAM in 1946, it included the
millwright group in the unit of employees represented by the IAM.
The Employer asserts that it based its action upon a legal interpreta-
tion of the.separate recognition agreement between the IAM and the
Council and of the maintenance-of-membership provisioRin,the con-
tract between the IAM andrthe Employer-, At the hearing, however,
the Employer took a neutral position as to the disposition to be made
of the millwright group. The Council has continuously disputed the
interpretation placed upon the agreements by the Employer and the
lAM, and has claimed to represent the millwrights.
The disputed group, consisting of millwrights, oilers '14 and head
belt men,15 is under the general supervision of the Superintendent of
Utilities, Maintenance and Construction, who is in direct charge of
the maintenance and construction work performed by all the crafts.
Under the Superintendent, each craft group, including that composed
of the millwrights, oilers, and belt men, has its own general foreman
and group leaders. The jurisdiction of each craft group is strictly
recognized and if, in any instance, the work of another craftsman is
required, such an employee is sent to the job by the foreman of the
craft involved.
It appears that the millwrights, oilers, and head belt men constitute
a functionally coherent and homogeneous group with common inter-
ests, which may appropriately be represented as a part of the multi-
craft maintenance unit presently represented by the Council. On the
other hand, these employees may properly be represented as part of
the production and maintenance group in which, since 1946, they
have been represented by the IAM.1e Accordingly, we shall defer our
decision regarding the unit placement of these employees pending the
ascertainment of their desires as indicated by the results of the election
we shall hereinafter direct .1.7
As the Employer acknowledged at the hearing that it does not dis-
pute the claim of the IAM to represent a majority of the employees in
as they have been classified as machine maintenance employees and are presently repre-
sented by the IAM.
is Referred to in the petition and record as oilers C in Department 164
15 The classifications of head belt men and belt men are equivalent , respectively , to first
and second-class workmen in a craft, and neither involves supervisory authority.
16 See Matter of Reynolds Metals Company, 74 N. L. R B. 1139 ; Matter of P. Lorillard
Co., 73 N. L. R. B. 596.
17 Matter of General Motors Corporation , 76 N. L. R B. 879 ; Matter of Heyden Chemical
Corporation, 72 N. L . R. B 1240.
I
460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the production unit covered by its recently expired contract,"' with the
exception of the employees in the New Wad Department above men-
tioned, and the employees in the millwright voting group set forth
below, we find that no question exists concerning the representation of
employees in the production unit. We shall therefore direct that an
election be held only among the employees in the millwright voting
group described below. If a majority of these employees select the
IAM, they will be taken to have indicated their desire to remain a
part of the, production unit represented by the IAM ; if a majority
select the Council, they will have indicated their desire to be a part
of the multi-craft maintenance unit represented by the Council.
There remains for consideration the inclusion of the millwright
-group leader in the millwright voting group. The millwright group
leader is in charge of the jobs assigned to him by the millwright gen-
eral foreman. As a gang leader, he may spend full time in super-
vision, although he is permitted to work with his men as much as 50
percent of the time. Although the parties agree on his inclusion, we
shall; in view of his clearly supervisory status, exclude him from the
millwright voting group described below.
5. We shall direct an election in the following voting group :
All millwrights, millwright helpers, oilers C employed in Depart-
ment 164, and head belt men, excluding supervisors and all other
employees of the Employer.
DIRECTION OF ELECTION 19
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Olin Industries, Inc., Western
Cartridge Division, East Alton, Illinois, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Fourteenth Region, and subject
to Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, among the employees in the voting group
described in Section 5, 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, but excluding em-
ployees who have since quit or been discharged for cause-and have not
is At the hearing, Employer's counsel stated : " . there is no question on the company's
part that the International Association of Machinists does represent all of the employees
claimed to be represented by it, except those fringe employees which are claimed by the
,other union . . We don't question the Machinists' right to represent all other employees
except the fringe employees that are in dispute."
19 Any participant in the election directed herein may, upon its prompt request to, and
approval thereof by, the Regional Director, have its name removed from the ballot.
OLIN INDUSTRIES, INC. 461
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 they desire to be represented by International
Association of Machinists, District No. 9, or by Western Employees
Trades Council, AFL, for the purposes of collective bargaining, or by"
neither.
ORDER
IT IS HEREBY ORDERED that the petition for investigation and certifica-
tion of representatives of employees of Olin Industries, Inc., Western
Cartridge Division, East Alton, Illinois, filed in Case No. 14-RC-64
by International Chemical Workers Union, Local 6, AFL, be, and it
hereby is, dismissed.