Stauffer Chemical Co. of Nevada

National Labor Relations Board - Board Decisions

Aug 26, 1955

113 N.L.R.B. 1255 (N.L.R.B. 1955)

STAUFFER CHEMICAL COMPANY OF NEVADA 1255
Accordingly, we find the following employees constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act :
All office clerical employees at the Employer's Chicago, Illinois,
plant, including the methods and planning and production control
employees, time clerks, assistant traffic manager, repair order editor-
correspondents, secretary to the vice presidents and the administrative
engineer in the engineering department, but excluding the stipulated
exclusions, time-study men and production standards tabulator, safety
inspector, photographers, designers and draftsmen in the engineering
department, guards, and professional and supervisory employees as
defined in the Act.
[Text of Direction of Election omitted from publication.]
Stauffer Chemical Company of Nevada and United Steelwork-
ers of America , CIO, Petitioner
Stauffer Chemical Company of Nevada and International Union
of Boilermakers , Blacksmiths, Iron Ship Builders and Helpers,
Local Union No. 92, Petitioner
Stauffer Chemical Company of Nevada and Local 631 of Inter-
national Brotherhood of Teamsters , Chauffeurs , Warehouse-
men and Helpers of America , AFL, Petitioner
Stauffer Chemical Company of Nevada and Brotherhood of
Painters, Decorators and Paperhangers of America, Local
Union No. 159, Petitioner
Stauffer Chemical Company of Nevada and United Association
of Plumbers and Pipefitters Helpers and Apprentices, Local
Union No. 525, Petitioner
Stauffer Chemical Company of Nevada and International Broth-
erhood of Electrical Workers, Local B-357, AFL, Petitioner.
Cases Nos. 20-RC-2715, 20-RC-2724, 20-RC-2731, 20-RC-2735,
20-RC-2738, and 20-RC-2748. August 26, 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
M. C. Dempster, 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.
113 NLRB No. 119.
379288-56vol 113 80
1256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The labor organizations involved claim to represent certain, em-
ployees of the Employer. I I
' .
. I 1
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.
4. The alleged appropriate units :
Contentions of the Parties
The Steelworkers has petitioned for a plantwide production and
maintenance unit. International- Chemical Workers, Union No. 218,
AFL, herein called the Chemical Workers, has intervened in Case No.
'20-RC-2715, and joins the Steelworkers in asserting the appropriate-
ness of a single plantwide unit. The Employer also asserts that only
.a production and maintenance unit is appropriate. Each of the other
unions involved contends that a separate unit, as listed below, is ap-
propriate, and each, with the exception of the International Associa-
tion of Machinists, Local Lodge No. 845, AFL, herein called the IAM,
desires an election in such a unit, by way of petition or intervention.
The IAM contends that no question concerning representation exists
with respect to the single unit it asserts as appropriate because of the
bargaining history on a separate basis with respect to that unit.
Bargaining History
Boulder Canyon Project Metal Trades Council and the.Metal Trades
Department of the AFL, jointly called the Council, have represented
the Employer's production and maintenance employees, excluding
machinists and their helpers, welder machinists, and instrumentmen.
'The Council, acting on behalf of the various AFL craft unions named
herein, except for the IAM, has negotiated eight contracts, starting in
1946.
The IAM has represented the machinists and welders and instru-
mentmen for the same period of time. Until 1951, its agreements
with the Employer were either identical to the Council's, or the IAM
-was a separate party to the Council's contract with a written under-
standing that the IAM separately represented its own unit. Since
1951, the IAM has engaged, at least in part, in separate negotiations.
The Employer's Operations
The Employer is engaged in the manufacture of heavy chemicals
at its plant in Henderson, Nevada. It has approximately 300 em-
ployees in its 3 departments : operations-155; maintenance-70; and
office-75. The various employees sought in separate units herein
work throughout the plant. Most of them are under the supervision
of an assistant general foreman in charge of maintenance, even though
STAUFFER CHEMICAL COMPANY OF NEVADA 1257
some may be assigned to the plant area as roving maintenance workers
and others my remain in the shop. Seniority has been effective on a
craft basis under the contracts in existence since 1946; there is no
plantwide seniority. All employees, have enjoyed the same benefits
under the various contracts. Thus, overtime rights, vacation and
sick leave policies, and insurance have been uniform for production
and maintenance employees alike. The record shows that there has
been a shortage of skilled labor in this area , and that the Employer
has, as a general practice, obtained most of its necessary maintenance
employees through the respective union which represents the type
of employee needed, and that a skilled employee is expected, as the
Employer does not maintain a full-fledged apprentice system for the
various crafts.
Case No. 20-RC-2715
Aside from the fact that each of the craft unions seeks a separate
unit, and the IAM claims that no question concerning representation
exists in the contract unit it has represented, no party contests the
appropriateness generally of a plantwide production and maintenance
unit. In accordance with our usual policy, we find that a production
and maintenance unit is appropriate for purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act. As the
composition of that unit will depend in part on our disposition of,
and the results of any elections directed iii, the separate units sought
herein by the other petitioners and the intervenors, we do not delineate
the scope of the production and maintenance unit here, but shall direct
an election in the voting groups set forth below as voting group (i).
Case No. 20-RC-2724
The Boilermakers seeks a separate unit of boilermakers, their
helpers and apprentices, and boilermaker welders.
Nine boilermakers, one of whoni is a working foreman boilermaker,'
are part of the* "bull gang" in the maintenance department. The
boilermakers perform the usual duties • of this classification. They
test, clean , and repair boilers, heat exchangers; condensers , and tanks;
they repair and install various sheet met l- work, perform rigging
services, and grind valves. All but two of them perform welding of
all types. They are required to read and use blueprints in conjunction
-with some of their work. The Employer's policy generally has been
to hire boilermakers, as well as all other skilled employees needed
who cannot be obtained by promotion from within, who are already
fully qualified to perform the necessary functions, and the Employer's
' Working foremen in all departments have been included in collective-bargaining agree-
ments since the plant was first organized . No party contends that they are supervisors,
nor does the record show that they are. Accordingly, they are deemed included in each
,unit or voting group established herein.
1258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
general foreman, Jeffrey, testified that a minimum of 2 years' experi-
ence as a boilermaker was necessary in order to attain the proficiency
needed for the boilermaker work at the plant. However, five of the
Employer's boilermakers started in the plant as boilermaker helpers,
and attained their necessary skills on the job. The boilermakers -are
paid 20 cents per hour more than the highest paid production em-
ployees at the plant. On these facts, and the record as a whole, we
find that the boilermakers are craftsmen. As the Boilermakers is a
labor organization which historically and traditionally represents this
craft, the boilermakers may, if they so desire, constitute a separate
appropriate unit.
Case No. 20-RC-2731
The Teamsters seeks a unit of truckdrivers, pickup drivers, ware-
housemen, forklift material handlers, and Dempster dumpster opera-
tors. The Employer's 2 truckdrivers, 1 lift operator, and 1 combina-
tion truckdriver and lift operator are part of the central maintenance
department, and perform normal driving duties on their trucks,
dumpsters, and forklift equipment. The pickup driver is assigned to
the office manager, and is responsible for delivering mail and mes-
sages, and bringing supplies to the plant. One of the truckdrivers
replaces the pickup driver when the latter is ill or on leave. The
two warehousemen work in the warehouse; they fill requisitions, plac-
ing them on the dock, and work with the truckdrivers loading and
unloading supplies.
We find that the truckdrivers constitute a group of employees of
the type normally afforded a self-determination election. The fork-
lift operator and pickup driver have similar skills and duties, and they
interchange with the truckdrivers. We shall therefore include them
in truckdrivers voting group. The warehousemen also work in close
conjunction with the truckdrivers. In view of this community of in-
terest, and in the absence of any objection to their inclusion with the
truckdrivers, we shall also include them in the truckdrivers voting
group. As the Teamsters is a labor organization which historically
and traditionally represents employees of this type, we find that, the
truckdrivers voting group, if they so desire, constitute a separate ap-
propriate unit.
Case No. 20-RC-2735
The Painters seeks a unit of all painters and apprentices. The
five painters and the working foreman painter are part of, the cen-
tral maintenance department. They paint throughout the plant, both
interior and exterior, also paint all equipment, machinery, and ve-
hicles, and do glazing. They use brushes, rollers, and sprayers, and do
all the preparation of surfaces for painting, as well as selecting their
STAUFFER CHEMICAL COMPANY OF NEVADA 1259
colors and materials, and mix paints. Painters are generally hired
from outside already possessed of their full skills, although the record
does not show how each of the present complement of painters was
hired or acquired his skills. We find that the painters are crafts-
men. As the Painters is a labor organization which historically and
traditionally represents this craft, the painters may, if they so desire,
constitute a separate appropriate unit.
Case No. 20-RC-2738
The Plumbers seeks a unit of pipefitters, lead burners, plumbers and
pipefitter welders, steamfitters, and their apprentices and helpers.
Five pipefitters, an insulator, a mortarman, and a Karbate worker
are in the "bull gang." There are also 7 pipefitters who do not work
,out of the bull gang; 1 in the BHC plant, 2 in the caustic plant, and 4
(1 a working foreman pipefitter) in the chlorine plant. Three of the
bull gang pipefitters work on pipe of all sorts except lead, including
copper, steel, nickel, and ceramic. The other two bull gang pipe-
fitters spend most of their time performing lead-burning work on lead
pipe, tanks, and tank lids. All of them do welding of pipe, and oper-
ate all pipe machinery in the central maintenance shop. The insula-
tor, with the help of the mortarman, performs general insulation work
on pipes, boilers, refrigerators, tanks, and steam vessels. The Karbate
worker repairs special Karbate condensers and pipelines, and Haveg
-a plastic-pipelines and tanks. His work requires pipefitting skills
plus from 6 months to a year's additional training. 2 The seven pipe-
fitters not in the bull gang perform general pipefitting maintenance
work in the plants where they are assigned, exercising the same skills
as the pipefitters in the bull gang. The pipefitters are all (except the
mortarman , who is actually a helper to the insulator) paid more than
any production workers. On these facts, and the record as a whole,
we find that the employees sought by the Plumbers constitute a homo-
geneous group of craftsmen. As the Plumbers is a labor organization
which historically and traditionally represents this craft, the above-
named employees may, if they so desire , constitute a separate appro-
priate unit.
Case No. 20-RC-2748
The IBEW seeks a unit of electrical workers, their helpers, and
electrical rectifier-operator. Six electrical workers-journeyman and
a working foreman work in the bull gang, out of central maintenance.
They perform the usual functions of electricians, working on genera-
tors, cables, and transformers, checking circuits and breakers, and run-
2 Thus , the Karbate worker in the plant now had 4 years ' pipefitting experience before
coming to the Employer , and was trained in Karbate and Haveg work on the job after
being employed at this Company.
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ping new conduits. The , four rectifier-operators, who are also in
central maintenance, and, like the, electrical workers are supervised by
an electrical- assistant general foreman, are qualified in general electri-
cal maintenance work, but are responsible for maintenance of rectifiers
in the rectifier building. The Employer's maintenance superintendent
testified that about 3 years' experience was required for electrical
workers, and that an even longer time was necessary to qualify an em-
ployee for rectifier maintenance work.
On these facts, and the record as a whole, we find that the electrical
workers and the electrical rectifier-operators are craftsmen. As the
IBEW is a labor organization which historically and traditionally
represents this craft, the above-named employees may, if they so desire,
constitute a separate appropriate unit.
The Operating Engineers' Request
The operating Engineers has intervened in this proceeding, and
seeks a unit of boiler engineers and firemen, crane and tractor opera-
tors, and crane oilers. Alternatively, the Operating Engineers re-
quests the boiler engineers and firemen.
Four boiler engineers and four boiler firemen comprise the boiler-
house personnel. They operate the steam boilers and other equipment
around-the-clock, and are responsible for maintaining steam pressure
of 100 pounds. Although Nevada has no State licensing requirements
for this type of personnel, the Employer's maintenance superintendent
testified that they would qualify for licensing if Nevada had criteria
similar to other States. Firemen require about 11/2 to 2 years to attain
the requisite proficiency to become engineers, and the line of progres-
sion is from firemen to engineers. - The engineers are paid more than
any production worker, and the firemen about as much as the highest
paid production worker.
The two crane and tractor operators and the crane oilers operate
out of the bull gang in central maintenance. The crane and tractor
operators are highly skilled,` and require a year on the job after being
hired to be able to perform all the functions necessary at this Company:
The Employer seeks a class A journeyman when there is a vacancy,
and he is hired as a rule through the Operating Engineers. The crane
operators are the second highest paid hourly employees in the plant,
ranking below only the lead burners in hourly rate. The oiler oils the
cranes and tractors and guides the operators when the latter are oper-
ating the cranes. The Operating Engineers has serviced the boiler-
house employees and the crane and tractor operators as a unit during
the tenure of the Trade Council's contract, and a single shop steward
has functioned for this claimed group of employees, just as each of the
alleged craft units has had a single and separate shop steward. It is
STAUFFER CHEMICAL COMPANY OF NEVADA 1261
clear, on the record that the engineers and operators sought by the
Operating Engineers are skilled craftsmen, and that the firemen and
the crane oilers are their respective assistants and helpers. We are of
the opinion, also, that the general, practice of obtaining both types of
personnel from the Operating Engineers, and the history of- having
one shop steward for these employees justifies grouping them for pur-
poses of a self-determination election. The Operating Engineers is
concededly a labor organization which historically and traditionally
represents employees of this nature. Accordingly, we find that these
employees may constitute a separate appropriate unit if they so desire.
The Carpenters' Request
The Carpenters seeks a unit of all carpenters and apprentices. A
working foreman carpenter, a carpenter, and a carpenter helper are
part of the bull gang in central maintenance. These employees repair
and perform all woodworking on trestles, buildings, desks, and chairs.
They also construct forms for mortar work, install doors, repair locks,
and build cabinets. The helper, at the time of the hearing, was under-
going a regular 4-year carpenters' apprenticeship program. The
other two carpenters are experienced journeymen. It is clear on the
record that these employees are skilled craftsmen. As the Carpen-
ters is a labor organization which historically and traditionally repre-
sents this craft, the carpenters may, if they so desire, constitute a sepa-
rate appropriate unit.
The Machinists' Voting Group
The IAM has intervened and seeks to preserve its contract unit, as-
serting that this contract unit should not be disturbed, or any portion
of it included in any other unit. The Steelworkers, the Chemical
Workers, and the Employer, .on the other hand, would include these
employees in the production and maintenance unit petitioned for by
the Steelworkers.
The employees in the IAM's contract unit, whose history of bar-
gaining has been described above, consist of machinists, machinists'
helpers, welders machinists, and instrumentmen. The duties of these
employees correspond to their job titles. A working foreman ma-
chinist and seven machinists in the central maintenance department
repair centrifugal and positive pumps, turbines, air and ammonia
compressors, automotive equipment, and gear boxes. They rebuild
shafts, do welding work, and fabricate parts. Five additional ma-
chinists outside of central maintenance perform substantially these
same functions, often using the equipment in central maintenance.
The instrumentmen repair all instruments in the plant. They work
on regulators, pressure controls, electronic controls, and flow meters.
1262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The machinists and the instrumentmen are paid more than any pro-
duction worker.
In view of the bargaining history of separate representation for
these employees, and the fact, shown by the record, that they comprise
generally a group of skilled employees, with similar interests, they
may, if they so desire, continue to remain a separate unit. However,
the Steelworkers has sought these employees as part of the production
and maintenance unit it petitioned for, and has demonstrated a suffi-
cient interest in them to justify including them with other production
and maintenance employees under our usual self-determination prin-
ciples. Accordingly, we shall conduct a separate election among these
employees, just as among the other craft groups listed above.
In view of all the foregoing, we shall make no final unit determina-
tions at this time, but shall direct that the questions concerning repre-
sentation that have arisen be resolved by separate elections by secret
ballot among the employees in the following groups at the Employ-
er's Henderson, Nevada, plant, excluding from each group all office
and clerical employees, professional employees, guards, timekeeper,
time checkers, messengers, and confidential employees, employees in
all other groups, and all supervisors as defined in the Act :
(a) All boilermakers, their helpers and apprentices, and boiler-
m aker welders.
(b) All truckdrivers, pickup drivers, warehousemen, forklift mate-
rial handlers, and Dempster dumpster operators.
(c) All painters and their apprentices.
(d) All pipefitters, lead burners, plumbers and pipefitter welders,
steamfitters , and their apprentices and helpers.
(e) All electrical workers, their helpers, and electrical rectifier-
operators.
(f) All boiler engineers and firemen, crane and tractor operators,
and crane oilers.
(g) All carpenters and their apprentices.
(h) All machinists, machinists' helpers, welders machinists, and
instrumentmen.
(i) All production and maintenance employees, excluding em-
ployees in voting groups (a) through (h).
If a majority of the employees in any voting group from (a)
through (h) select the union seeking that group as a separate unit,
those employees will be taken to have indicated their desire to consti-
tute a separate bargaining unit, and the Regional Director conducting
the election is hereby instructed to issue a certification of representa-
tives to such union for such unit, which the Board under the circum-
stances finds to be appropriate for purposes of collective bargaining.
If the employees in voting groups (a) through (h) vote in each in-
stance for the union seeking to represent them separately and if a
RELIABLE MAILING SERVICE COMPANY 1263
majority of the employees in voting group (i) also elect to be repre-
sented by a union, then the Regional Director is instructed to issue a
certification of representatives to such union for a separate unit of
production and maintenance employees, which the Board under the
circumstances finds to be appropriate for purposes of collective
bargaining.
However, if a majority of the employees in any of the voting groups
(a) through (h) do not vote for the union seeking to represent them in
a separate unit, such group or groups will be appropriately included
in the same unit with the employees in voting group (i) and their votes
will be pooled with those in voting group (i).3 The Regional Director
conducting the elections is instructed to issue a certification of repre-
sentatives to the labor organization selected by a majority of the em-
ployees in the pooled group, which the Board in such circumstances
finds to be appropriate for purposes of collective bargaining.
[Text of Direction of Elections omitted from publication.]
MEMBER LEEDOM took no part in the consideration of the above
Decision and Direction of Elections.
3 We reject the request of the IAM that the elections directed herein be conducted without
using the pooling method of tallying ballots established by the Board in American Potash d-
Chemical Corporation , 107 NLRB 1418 Accordingly , we shall accord the TAM a place on
the ballot in each of the separate elections herein. We reject also the contentions of the
various craft unions that no union seeking a production and maintenance unit should
appear on the ballot in any "craft unit" election , and therefore , the IAM, Steelworkers,
and Chemical Workers will all appear as choices in each of the elections directed herein.
If any votes are pooled , they are to be tallied by counting votes for a union seeking a
separate unit as valid votes cast , but neither for nor against any union seeking to repre-
sent the more comprehensive unit ; all other votes are to be accorded their face value,
whether for representation by a union seeking the comprehensive unit or for no union.
Reliable Mailing Service Company and Bindery Workers' Local
Union No. 20, International Bindery Workers, AFL, Petitioner.
Case No. 7-RC-2639. August 26, 7955
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Ruth Greenberg, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. i
At the hearing the Intervenor moved that the petition should be dismissed because
of revocations of authorizations which it unsuccessfully sought to introduce . As showing
of interest is matter for administrative determination which is not subject to collateral
attack, the hearing officer properly rejected the proffered revocations . The motion is
therefore denied. Master- Craft Corporation, 92 NLRB 524.
113 NLRB No. 129.