Rayonier, Inc.

National Labor Relations Board - Board Decisions

Dec 6, 1954

110 N.L.R.B. 1191 (N.L.R.B. 1954)

RAYONIER, INC. 1191
to membership employees other than guards.4 In view of the fore-
going, we find that the Union's contract with the Employer is not a bar
to the present proceeding.5
4. We find, in accord with the stipulation of the parties, that all
guards employed at the Employer's Natrium plant in New Martins-
ville, West Virginia, excluding corporals and supervisors as defined
in the Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
[Text of Direction of Elections omitted from publication.]
In Mack Manufacturing Corporation, 107 NLRB 209, the Board held that Congress
clearly intended by Section 9 (b) (3) that the union representing guards should be com-
pletely divorced from that representing nonguard employees See also Legislative History
of the Labor -Management Relations Act, 1947, volume 2, p. 1544, wherein Senator Taft
stated that the provisions as to plant guards provided that they could have the protec-
tion of the Wagner Act only if they had a union separate and apart from the union of
the general employees
s Monsanto Chemical Company, supra ; Nash Kelvinator Corporation, 107 NLRB 644;
Pittsburgh Plate Glass Company (Milwaukee Paint Division ), 104 NLRB 900.
O Although the fact that the Union admits to membership employees other than guards
would, under Section 9 ( b) (3) of the Act , preclude certification of the Union as the
representative of the guards , it does not prevent the Board from conducting a decertifi-
cation election in the unit of guards . In the event the Union wins the election , therefore,
we shall certify only the arithmetical results of the election . Western Electric Company,
87 NLRB 544; Westinghouse Electric Corporation, 78 NLRB 10.
RAYONIER , INC. and INTERNATIONAL BROTHERHOOD OF PULP, SULPHITE
AND PAPER MILL WORKERS, AFL AND INTERNATIONAL ASSOCIATION
OF MACHINISTS , AFL, AND UNITED ASSOCIATION OF JOURNEYMEN
AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY
OF THE UNITED STATES AND CANADA, LOCAL 177, AFL, PETITIONERS.
Cases Nos. 10-RC-2781, 10-RC-f793, 10-RC-2794, 10-RC-2795,
and 1ORC 2797. December 6,1954
Decision and Direction of Election
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held before
Lloyd R. Franker, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, 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
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) andSection 2 (6) and (7) of the Act.
110 NLRB No. 199.
1192 DECISION S OF NATIONAL LABOR RELATIONS BOARD
4. The employees involved in the various petitions filed herein are
employed at the Employer's new pulp mill in Jesup, Georgia. There
is no history of collective bargaining for any of these employees.
The Pulp, Sulphite Workers, the Petitioner in Case No. 10-RC-2781,
seeks to represent an overall unit of production and maintenance
employees. Under separately filed petitions (Cases Nos. 10-RC-2793,
2794, 2795) and through intervention in the above-numbered proceed-
ing the IAM seeks to represent units of machine shop employees,
millwrights, welders, powerhouse employees, carpenters, and oilers.
The Plumbers, the Petitioner in Case No. 10-RC-2797, seeks to repre-
sent the pipefitters, welders, and instrument mechanics, either as one
appropriate unit or separately. The Carpenters 1 intervened in Case
No. 10-RC-2781 for separate units of carpenters and millwrights.
The IBEW intervened in the same proceeding and seeks to represent
a separate unit of all electricians.
The only argument against the establishment of separate units of
machine shop employees,' millwrights, carpenters, electricians, and
pipefitters, which is advanced by the Employer and the Pulp, Sulphite
Workers, is that, because of the integrated nature of the Employer's
operations, only an overall unit of production and maintenance em-
ployees, including all craftsmen, is appropriate for the purposes of
collective bargaining. Apart from this argument there appears to be
agreement among the parties that, absent the factor of integration,
the above categories of employees would constitute appropriate de-
partmental or craft units which may be represented separately.
Indeed, the record clearly shows, and we so find, that the machine
shop employees may constitute an appropriate departmental unit
and the millwrights, carpenters, electricians, and pipefitters, together
with their respective helpers and leadmen may constitute separate
appropriate craft units.3 Contrary to the Employer's and Pulp,
Sulphite Workers' contention their right to be represented separately,
if they so desire, is not affected in this industry by the fact that the
Employer's operations maybe closely integrated.4
Further questions are raised, however, as to the unit placement of
the powerhouse employees, welders, oilers, and instrument mechanics.
Powerhouse employees: The Pulp, Sulphite Workers and the
Employer take the position that inasniuch as the powerhouse employ-
'Local Union 865, United Brotherhood of Carpenters & Joiners of America, AFL.
Including the machinists, roll turner, and blacksmith
$ The IAM and the Plumbers suggested various alternative groupings of the categories
of employees they seek to represent We are satisfied, however, that because of the
functional independence of the above-described groups a separate election in each group is
required
4 See Bethlehem Steel Company , Ship Building Division, Beaumont Yard, 108 NLRB
241 ; American Potash & Chemical Corporation , 107 NLRB 1418 The doctrine expressed
in National Tube Co, 76 NLRB 1199 will be applied only in the steel , aluminum, lumber,
and wet milling industries.
RAYONIER, INC. 1193
ees, who are also referred to as the water, evaporator, recovery, and
power employees, devote a portion of their time to the recovery of
materials for reuse in the production process they should be consid-
ered production employees and therefore be included within the pro-
duction and maintenance unit. The record shows these employees to
be highly skilled workmen, hired with previous powerhouse experi-
ence, who are separately supervised and located and who advance
within a separate promotion ladder. They are responsible for supply-
ing the entire plant with its operating power. Although these em-
ployees do not appear to be craftsmen in the traditional sense of the
word, in that there is no apprenticeship or equivalent experience
requirements for advancement within the promotion ladder, it is
clear, and we so find, that they constitute an appropriate departmental
unit and may, if they desire, be so represented. Contrary to the con-
tention of the Employer and the Pulp, Sulphite Workers their status
as an appropriate departmental unit is not affected by the fact that,
incidental to the creation of power, they recover certain materials for
reuse in production.5 This reclamation process is ancillary to the
basic production and we can find no inseparable integration of their
departmental functions and the production process.6
Welders: Pending further consideration by the Board as to the
appropriateness of a separate unit of welders, the ballots of these
employees will be impounded in the election hereinafter directed. In
the event that the ballots of these employees are sufficient to affect the
results of the election in the overall production and maintenance unit,
the results of that election must await final determination of the status
of welders. If the Board determines that the welders are not an
appropriate separate unit, a new election shall be conducted by the
Regional Director among this group to determine whether or not they
wish to be represented only by the International Brotherhood of Pulp,
Sulphite and Paper Mill Workers, AFL, as part of the production
and maintenance unit. If the Board determines that the welders may
constitute a separate unit, the ballots impounded in the election
directed herein will then be opened and counted.
Oilers: The IAM seeks to represent the three oilers currently
employed at the plant either as a separate appropriate unit or together
with the machine shop employees or the millwrights. These employees
were hired without previous experience and work throughout the plant
oiling machinery and equipment wherever necessary. Although there
is a separate promotion ladder for the oilers, advancement within such
5 Reynolds Metals Company, 93 NLRB 721.
6 The Pulp , Sulphite workers further contend that the JAM should not be permitted
to represent a separate unit of powerhouse employees on the ground that they have not
traditionally represented such employees we find no merit in this contention . The re-
quirement of traditional representation , as expressed in American Potash, supra, is
limited to cases of craft severance See Campbell Soup Company , 109 NLRB 518.
1194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
promotion ladder is not dependent upon the acquisition of any speci-
fied amounts of experience or training . An oiler helper will generally
advance to a higher grade when such higher grade is vacant. As it
does not appear that the oilers are closely associated with either the
machine shop employees or the millwrights and as they are not crafts-
men or otherwise entitled to separate representation , we shall include
them within the production and maintenance group, hereinafter
described.'
Instrument mechanics : The Pulp, Sulphite Workers oppose the
establishment of a separate unit of instrument mechanics on the ground
that they allegedly do not constitute a true craft group. The record
shows that the instrument mechanics are highly skilled workmen who
were obviously hired with previous experience . They are required to
maintain, calibrate, install , and apply various complicated measuring
instruments to specific jobs in the plant. They work under the sepa-
rate supervision of the instrument engineer and advance within a
separate promotion ladder. On these facts we find that the instru-
ment mechanics , together with their helpers and leadmen , constitute
a well defined , homogeneous craft group , and may , if they so desire,
be represented as a separate appropriate unit.'
In view of the foregoing we shall direct elections in the following
voting groups : ( a) Machine shop employees , including the machin-
ists , their helpers and leadmen , the roll turner, and the blacksmith;
(b) millwrights, their helpers and leadmen ; ( c) carpenters, their
helpers, and leadmen; ( d) welders , their helpers , and leadmen; (e)
powerhouse employees ( water, evaporator, recovery , and power em-
ployees ) ; ( f) pipefitters , their helpers , and leadmen ; ( g) instrument
mechanics , their helpers , and leadmen ; ( h) electricians , their helpers,
and leadmen ; and (i ) all production and maintenance employees,
including oilers and laboratory assistants ; 9 but excluding employees
in groups ( a) through ( h), guards, and all supervisors as defined in
the Act.
If the majority of the employees in voting groups ( a), (b), (c),
(d), (e), (f), (g ), or (h) 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 Direc-
tor conducting the election is instructed to issue a certification of
representatives to the labor organization seeking and selected by the
employees in each group for such unit, which the Board , in such cir-
cumstances , finds to be appropriate for the purposes of collective
bargaining . On the other hand , if a majority of the employees in
any of the voting groups ( a) through (h) do not vote for a union
7 See Chrysler Corporation, 98 NLRB 1105.
e See The General Tire and Rubber Company, 106 NLRB 246.
The parties stipulated as to the inclusion of the laboratory assistants.
BACHMANN UXBRIDGE WORSTED CORPORATION 1195
which is seeking to represent them in a separate unit, that group will
appropriately be included in the production and maintenance unit
and their votes shall be pooled with those in voting group (i),10 and
the Regional Director conducting the election is instructed to issue
a certification of representatives to the labor organization selected by
a majority of the employees in the polled group, which the Board, in
such circumstances, finds to be a single unit appropriate for the
purposes of collective bargaining.
[Text of Direction of Elections omitted from publication.]
aO See American Potash & Chemical Corporation, supra, which adopts the dissenting
opinion in Pacific Intermountain Express Co., 105 NLRB 480.
BACHMANN UXBRIDGE WORSTED CORPORATION ( UXBRIDGE MILL ) and
TEXTILE WORKERS UNION OF AMERICA , CIO, PETITIONER . Case No.
1-RC-3622. December 6,1954
Supplemental Decision , Order, and Second Direction of Election
Pursuant to a Decision and Direction of Election issued herein
on August 17, 1954,1 an election by secret ballot was conducted on
September 2, 1954, under the direction and supervision of the Regional
Director for the First Region, among the employees in the unit found
appropriate by the Board. At the conclusion of the election, the
parties were furnished a tally of ballots. The tally showed that of
approximately 791 eligible voters, 730 valid ballots were cast, of which
218 were for the Petitioner and 512 against, 37 ballots were chal-
lenged, and 1 ballot was voided.
On September 8, 1954, the Petitioner filed objections to conduct
affecting the results of the election. The Regional Director investi-
gated the objections, and on September 29, 1954, issued his report
on objections, and recommended that the election be set aside.'
Thereafter, on October 1, 1954, the Employer filed exceptions to the
Regional Director's report on objections.'
The Petitioner objected to the election on the ground that the
Employer had, 2 days before the election, sent to each employee a
sample ballot similar in color to the Board's official ballot together
1 109 NLRB 868.
2 Because the objection investigated furnished sufficient grounds for the Regional
Director to recommend that the election be set aside, the Regional Director did not report
on the Petitioner 's remaining objections . Because of this failure , the Petitioner filed ex-
ceptions to the report . In view of our determination here, we find it unnecessary to
consider the Petitioner's exceptions to the Regional Director's report.
3 The Employer 's request for oral argument is denied because, in our opinion ,- the record
and the exceptions adequately present the issues and positions of the parties.
110 NLRB No. 194.