Reynolds Metals Co.

National Labor Relations Board - Board Decisions

Sep 17, 1946

70 N.L.R.B. 1338 (N.L.R.B. 1946)

In the Matter of REYNOLDS METALS COMPANY, MCCOOK SHEET MILLS,
EMPLOYER and INTERNATIONAL COUNCIL OF ALUMINUM WORKERS,
A. F. L., PETITIONER
In the Matter of REYNOLDS METALS COMPANY, MCCOOK SHEET MILLS,
EMPLOYER and. PIPE FITTERS' ASSOCIATION, LOCAL No. 597, UNITED
ASSOCIATION OF PLUMBERS AND STEAMFIT'PERS, A. F. L., PETITIONER
In the Matter Of REYNOLDS METALS COMPANY, MCCOOK SHEET MILLS,
EMPLOYER and LOCAL M-134, INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, A. F. L., PETITIONER
In the Matter of REYNOLDS METALS COMPANY, MCCOOK SHEET MILLS,
EMPLOYER and CARPENTERS' DISTRICT COUNCIL, UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS-OF AMERICA, A. F. L., PETITIONER
Cases Nos .13-R-3684,13-R-3698,13-R-3707, and 13-R-3708, respec-
tively.-Decided September 17, 1946
Messrs. Robert E. Jordan, Morris A. Mueller , and C. William.
Applegate , of Brookfield , Ill., for the Employer.
Messrs. Jerome S. Niquette and William L. Cowley, of Chicago, Ill.,
for the Aluminum Workers.
Mr. John F. Hogan , of Chicago , Ill., for the Pipe Fitters.
Mr. Emory J. Smith , by Messrs . Clarence P. Smith and Thomas J.
Murray, of Chicago, Ill., for the Electrical Workers.
Mr. Stanley L. Johnson , of Chicago , Ill., for the Carpenters.
Mr. P. L. Siemiller , of Chicago , Ill., for the Machinists.
Mr. James F. Kelly , of Chicago, Ill., for the Blacksmiths.
Messrs. Ben Fischer and Anthony J. Graccyk , of Chicago , Ill., for
the Steelworkers.
Mr. Elmer P. Freischlag , of counsel to the Board.
DECISION
AND
'DIRECTION OF ELECTIONS
Upon petitions and amended petitions duly filed, a hearing on these
consolidated cases was held at- Chicago, Illinois, on July 16, 1946, be-
fore Robert Ackerberg, hearing officer. The hearing officer's rulings
70 N. L. R. B, No. 135
1338 -
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REYNOLDS METALS COMPANY 1339
made at the Bearing are free from prejudicial error and are hereby
affil need.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS or FACT
I. THE BUSINESS OF THE EMPLOYER
Reynolds Metals Company, McCook Sheet Mills, a Delaware cor-
poration, has been engaged since June 11, 1946, in the manufacture
of aluminum sheet at its McCook, Illinois, plant, which is solely in-
volved herein. The plant is owned by the War Assets Administration,
and is leased by the Employer.
The Employer's estimated annual purchase of raw materials will
exceed $40,000,000 in value, 95 percent of which will represent ship-
ments to this plant frohn points outside the State of Illinois. It is
also estimated that during a similar period, the manufactured prod-
ucts of this plant will amount to over $60,000,000 in value, 75 percent
of which will represent shipments to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. TILE ORGANIZATIONS INVOLVED'
International Council of Aluminum Workers, herein called the
Aluminum Workers; Pipe Fitters' Association, Local No. 597, United
Association of Plumbers and Steamfitters, herein called the Pipe Fit-
ters; Local B-134, International Brotherhood of Electrical Workers,
herein called the Electrical Workers; Carpenters' District Council,
United Brotherhood of Carpenters and Joiners of America, herein
called the Carpenters; and International Brotherhood of Blacksmiths,
Drop Forgers and Helpers, District Council No. 1, herein called the
Blacksmiths, are all labor organizations affiliated with the American
Federation of Labor, and claiming to represent employees of the
Employer.
International Association of Machinists, District No. 8, herein
called the Machinists, is a labor--organization claiming to represent
employees of the Employer.
United Steelworkers of America, herein called the Steelworkers,
is a labor organization affiliated with the Congress of Industrial
Organizations, claiming to represent employees of the Employer.
1 International Union of Operating Engineers , Local 399 , A. P. L, and International
Brotherhood of Firemen and Oilers , Local No. 7, A. F. L ., were served with notice of the
hearing but failed to appeal
1340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTIONS CONCERNING REPRESENTATION
The Employer refuses to recognize any of the petitioners as the
exclusive bargaining representative of employees of the Employer
in the absence of Board certification.
We find that questions affecting commerce have arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9-(c) and Section 2 (6) and (7) of the Act.
1V. THE, APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The contentions of the unions involved herein with respect to the
appropriate unit or units are, in substance, as follows : the Steel-
workers generally seeks a single unit, plant-wide in scope, of all pro-
duction and maintenance employees of the Employer at its McCook
Sheet Mills; the Aluminum Workers requests a similar unit, except
that it would exclude therefrom the employees sought by the craft
unions herein; 2 the Pipe Fitters wants a unit of all pipe fitters, main-
tenance pipe fitters, and pipe fitter repairmen; the Electrical Workers
a unit of all electricians, electric repairmen, electric shop helpers;
armature winders, pyrometric men, and pyrometric repairmen; the
Carpenters, a unit-of all carpenters, rough carpenters, maintenance
carpenters, mill mechanics, mill repairmen, and maintenance helpers;
the Machinists, a unit of all maintenance machinists, shop repairmen,
shop helpers, grinding machine operators, toolroom attendants, scale
inspectors, roll grinders, and bearing maintenance men ; the Black-
smiths, a unit of all blacksmiths and drop forgers. The Employer
takes no position, except that it agrees with the unions to exclude
from the unit, or units, plant protection employees, plant production
clerks, pay-roll timekeepers, professional, technical, and laboratory
employees, office and clerical employees, boiler room firemen and
helpers,3 foremen, administrative and managerial employees, and all
other supervisory employees.
In addition to the issue as to the scope of the unit or units, there is
also some question as to the welders and lay-out men, whom the
Machinists is willing to include in its, unit should the Board so
determine.
The plant here involved for several years - and until late in 1945
or early in 1946, when it ceased operations, was the Chicago Works of
2 Each group mentioned hereinafter includes , in addition to those specifically mentioned,
the helpers , trainees , apprentices, and leadmen of the desired classifications It does not
appear that leadmen exercise any supervisory authority within our customary definition
of the term
3 International Union of Operating Engineers , Local 399 , A. P. L, has been designated
as the exclusive representative of boiler room firemen , and International Brotherhood of
Firemen and Oilers , Local No 7 , A. F. L., as the representative of boiler room helpers,
pursuant to Consent Cross-Checks conducted in Cases Nos. 13-R-3689 and 13-R-3706,
respectively.
REYNOLDS METALS COMPANY 1341
the Aluminum Company of America. During its incumbency, that
company. carried on essentially the same operations as were under-
taken by the Employer in June 1946. There is, however, no con-
nection between the two corporations, and the Employer staffed its
plant, -which had- been idle for several months, independently of
Aluminum Company of America personnel records.
In 1944, the Board conducted self-determination elections among the
latter company's employees at this plant in substantially the same
groups as are sought herein by the unions, other than the Blacksmiths,
who appeared for the first time in the instant proceeding. With the
exception of the Blacksmiths and another Electrical Workers' local,
the Steelworkers herein being the successor to the C. I. 0. union in the
previous case; the unions participating in the instant proceeding are
the same. The previous proceeding resulted in the establishment of
units substantially the same as those now requested by the Aluminum
Workers, the Pipe Fitters, the Electrical Workers, the Carpenters,
and the Machinists.4
The record establishes that now, as formerly, a high degree of in-
tegration exists' among all the operations conducted at the plant,
which indicates the appropriateness of the plant-wide unit sought by
the Steelworkers. It also establishes, as it did then, the propriety
of the bargaining units sought by the Pipe Fitters, the Electrical
Workers, the Carpenters, and the Machinists. Although our prior
decision made no provision for a separate unit of blacksmiths,5 it
now appears that the blacksmiths, consisting of one blacksmith and,
his helper, constitute a well-defined craft group which may function
together for collective bargaining purposes. In view of these cir-
cumstances it is our opinion that the employees in the units sought by
the craft unions could function as separate units, or as part of a plant-
wide bargaining unit.
We come now to a discussion of the welders and lay-out men, con-
cerning whom some question exists. For reasons undisclosed in the
record, the Machinists does not specifically seek these classifications,
but it is agreeable to the inclusion of these employees in the machine
shop unit should the Board so determine. In this connection, it
appears that some of these employees now hold memberships in the
Machinists. ,
The welders work out of a central welders' pool, under the super-
vision of the Shop Maintenance General Foreman, who also super-
vises the machine shop. Their assignments take them to various parts
of the plant to do maintenance welding work. The lay-out men work
along with the welders laying out the items to be processed by the
' See Matter of Aluminum Company of America, 54 N L. R. B 1043.
6 The blacksmiths were apparently included in the unit of machinists.
1342 DECISIONS OF ATATIONAL LABOR RELATIONS BOARD
latter. Inasmuch as welders were included in the Machinists' unit
in the prior proceeding affecting this plant and because, now as then,
welders are under machine shop supervision, and no reason appears
for concluding that there has been any, appreciable change in their
duties and working conditions, we shall not depart from our decision
in that case. The layout men, although not specifically mentioned
therein, apparently perform work closely allied and integrated with
that performed by the welders. Under the circumstances, we shall
include welders first and second class, and lay-out men first and second
class in the Machinists' group. -
We shall make no final determination at this time with respect to
the appropriate unit, or units. However, in accordance with the fore-
going, we shall direct that separate elections be held among the em-
ployees of the Employer at its McCook, Illinois, plant in the voting
groups described below, excluding foremen, and all or any other su-
pervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action :
(1) All pipe fitters, maintenance pipe fitters first and second class,
pipe fitter repairmen first and second class, pipe fitter helpers, and all
helpers, trainees, apprentices and leadmen in these classifications;
(2) All electricians first and second class, electric repairmen, elec-
tric shop helpers, armature winders, pyrometric men, pyrometric re-
pairmen, and all helpers, trainees, apprentices, and leadmen in these
classifications ;
(3) All carpenters, rough carpenters, maintenance carpenters first
and second class, mill mechanics first and second class, mill repairmen
first and second class, maintenance helpers, and all helpers, trainees,
and leadmen in these classifications;
(4) All maintenance machinists first and second class, shop repair-
men first and second class, shop helpers first and second class, grinding
machine operators, toolroom attendants, scale inspectors first and
second class, roll grinders first and second class, bearing maintenance
-men, welders first and second class, lay-out men first and second class,
and all helpers, trainees, and leadmen in these classifications;
(5) All blacksmiths first and second class, drop forgers, and all
helpers, trainees, and leadmen in these classifications; 6
(6) All the remaining production and maintenance employees,'
including crane operators, pump attendants, inside truck drivers,
and leadmen in these classifications; but excluding plant protection
employees, plant production clerks, pay-roll timekeepers, professional,
technical and laboratory employees, office and clerical employees,
6In view of this determination, it is unnecessary to consider the machinists' request
that blacksmiths be included in its voting group should the Board refuse to establish a
voting group of blacksmiths. -
REYNOLDS METALS COMPANY 1343
boiler room, firemen and helpers, administrative and managerial
employees.
DIRECTION OF ELECTIONS
- As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Reynolds Metals Company,
McCook Sheet Mills, McCook, Illinois, elections 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" supervision
of the Regional Director for the Thirteenth Region, acting in this
matter-as agent for the National Labor Relations Board, and subject
to Sections 203.55 and 203.5(5, of National Labor Relations Board
Rules and Regulations-Series 4, among employees in the voting"
groups listed in Section IV, above, who were employed during the
pay-roll period immediately preceding the date of this Direction, in-
eluding employees who did not work during said pay-roll period be-
cause they were ill or on vacation or temporarily laid off, and includ-
ing 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 re-
hired or reinstated prior to the date of the elections, and excluding
foremen, and all or any other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, to deter-
mine'whether :
(1) All employees in Group (1) desire to be represented by Pipe
Fitters' Association, Local No. 597, United Association of Plumbers
and Steamfitters, A. F. L., or by the United Steelworkers of America
C. I. 0., for the purposes of collective bargaining, or by neither;
(2) All employees in Group (2) desire to be represented by Local
B-134, International Brotherhood of Electrical Workers, A. F. )(..,
or by the United Steelworkers of America, C. I. 0., for the purposes
of collective bargaining, or by neither;
(3) All employees in Group (3) desire to be represented by Car-
penters' District Council, United Brotherhood of Carpenters and
Joiners of America, A. F. L., or by United Steelworkers of America,
C. I. 0., for the purposes of collectively bargaining, or by neither;
(4) All employees in Group (4) desire to represented by Inter-
national Association of Machinists, District No. 8, or by United Steel-
workers of America, C. I. 0., for the purposes of collective bargaining,
or by neither;
(5) All employees in Group (5) desire to be represented by Inter-
national Brotherhood of Blacksmiths, Drop Forgers and Helpers,
1344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
District Council No . 1, A. F. L ., or by United Steelworkers of America,
C. I. 0., for the purposes of collective bargaining, or by neither;
(6) All employees in Group ( 6) desire to be represented by Inter-
national Council of Aluminum Workers, A. F. L., or by United Steel-
workers of America, C. 1. 0., for the purposes of collective bargaining,
or by neither.,
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