Rayonier, Inc.

National Labor Relations Board - Board Decisions

Sep 1, 1955

114 N.L.R.B. 17 (N.L.R.B. 1955)

RAYONIER, INCORPORATED ' 17
Rayonier, Incorporated and International Brotherhood of,, Elec-
trical Workers, Local Union 1924, AFL, Petitioner . Cases Nos.
10-RC-3059 and 10-RC-3060. September 1,• 1955
DECISION AND ORDER
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before John S. Patton, 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' these cases, the Board finds :
1. The Employer is engaged in, commerce within the meaning of
the Act.
.2. , The labor organization involved claims to represent certain em-
ployees of the Employer.
3. No question affecting commerce exists concerning the represen'-
tation of employees of the Employer within the meaning of Section '3
(c) (1) and Section 2 (6) and (7) of the Act, for the following reasons:
At the Employer's pulp manufacturing plant at Fernandina Beach,
Florida, the Petitioner seeks to sever an alleged craft group of instru-
mentmen and a departmental group of powerhouse employees from an
existing unit of production and maintenance employees currently
represented since September 16, 1954, by Locals 395, 610, and 766 of
International Brotherhood of Pulp, Sulphite and Paper Mill Work-
ers, AFL, the Intervenor herein. The Employer and the Intervenor
oppose severance of both units.
The 4 instrumentmen include a, leadman, an instrument mechanic,
and 2 instrument mechanic helpers,, all of whom work in a separate
work area known as the instrument department. They-install, main-
tain, and repair 249 signals and approximately 2,000 pressure gauges
throughout the plant. None of the pressure gauges are electrical in,
operation, and only 30 percent of the signals are electrical.
The powerhouse group consists of 27 employees, including 4 op-
.erating engineers, 4 firemen, 4 powerplant first helpers, 5 powerplant
second helpers, 4 powerplant laborers, 4 cleanup men on the conveyor,,
and 2 powerplant repairmen. The powerhouse employees are engaged
in the production and distribution, throughout the plant, of process.
steam , process water, and electricity. Eighty-one percent of the total
heat value of the steam generated in the powerhouse is used to process
stock in the pulp mill, while only 19 percent is used to generate elec-
tricity. It does not appear that any of the powerhouse employees per-
form electrical work to any substantial degree.
1 The instant cases were consolidated for the purposes of hearing by order of the Re-
gional Director . The posthearing motion of International Brotherhood of Pulp, Sulphite
and Paper Mill Workers, AFT,, to intervene on the basis of its current representation of
the Employer 's employees in' a production and maintenance unit is hereby granted.
114 NLRB No. 6.
18 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
The Petitioner's International currently represents the Employer's
15 electricians in a separate bargaining unit.
The Petitioner contends that the instrumentmen and the power-
house employees are entitled to severance as craft and departmental
units, respectively. The Employer contends, inter alia,2 that the Pe-
titioner does not historically or traditionally represent, in craft or
departmental units, employees of the types herein sought, and that,
under the doctrine of American Potash d Chemical Corporation, 107
NLRB 1418, it is therefore not entitled to the severances herein sought.
We agree. As the aforementioned facts show, none of'the instrument-
men or powerhouse employees herein sought engage in electrical work
to any substantial degree, and by far the greater portion of the ac-
tivity. of both groups is concerned with work on materials which have
nothing to do with electricity or its applications. Under these
circumstances, we are satisfied that the Petitioner does not meet the
requirement of the Potash rules. Therefore, assuming, without de-
ciding, that the Employer's instrumentmen constitute, for purposes
of severance, an appropriate craft group and that its powerhouse em-
ployees constitute an appropriate departmental group, we are never-
theless convinced that the Petitioner does not historically and tra-
ditionally represent crafts or departments of this type? Accordingly-,
we shall dismiss the petitions in both cases.4
[The Board dismissed the petitions.]
z In view of our decision herein, we deem it unnecessary to consider the Employer 's other
unit contentions , and we deny the Employer 's motion for oral argument.
8 See Campbell Soup Company, 109 NLRB 475, 478.
4 For reasons stated in his dissenting opinion in Dow Chemical Company , Texas Divi-
sion, 113 NLRB 1247, Member Murdock would not apply the "traditional union" test in
this case and would therefore direct a severance election for the powerhouse employees
as requested by the Petitioner.
Dallas Transfer & Terminal Warehouse Company and Dallas
General Drivers, Warehousemen & Helpers Local 745, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of America, AFL, Petitioner
Dallas Transfer & Terminal Warehouse Company and Interna-
tional Association of Machinists , Lodge 1015 , AFL, Petitioner.
Cases Nos. 16-RC-1655 and 16-RC-1695. September 1, 1955
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
William H. Renkel , Jr., hearing officer . The hearing officer's rulings
114 NLRB No. 7.