United Concrete Pipe Corp.

National Labor Relations Board - Board Decisions

Sep 27, 1948

79 N.L.R.B. 1023 (N.L.R.B. 1948)

4 1 l^.
In the Matter Of UNITED CONCRETE PIPE CORPORATION, EMPLOYER,
and INTERNATIONAL UNION OF OPERATING ENGINEERS, A. F. L.,
ENGINEERS LOCAL 12, PETITIONER
Case No. 21-RC446.Decided September 27, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing offi-
cer 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 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 Petitioner and International Hod Carriers, Building and
Construction Laborers' Union of America, El Monte Local 1082,
affiliated with the American Federation of Labor, herein called the
Intervenor, are labor organizations claiming to represent employees
of the Employer.
(3) No question affecting commerce exists concerning the represen-
tation of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
The petitioner seeks a unit composed of batch plant operators,
leadmen on batch plant, mixer operators, relief operators, cage maker
operators, spinner operators, tackers, and firemen. The Employer and
the Intervenor contend that the unit sought is inappropriate because it
is not a craft unit; and because the bargaining history of the Employ-
er's plant has been upon a plant-wide basis for the past 10 years.
*Chairman Herzog and Members Murdock and Gray.
79 N. L. R. B., No. 124.
1023
1024 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer is engaged in the manufacture of concrete, steel, and
iron pipe. On the average, about 300 employees are employed in the
plant. The unit sought to be carved out by the Petitioner includes
20 or 25 employees. Of these, the batch plant operators and mixer
operators mix concrete; cage maker operators make the so-called
cages or, reinforcement for reinforced concrete pipes; spinner opera-
tors make centrifugal or spun pipe; tackers work on the spinning or
cage machines; and the firemen operate boilers.
The employees in the unit desired by the Petitioner are not crafts-
men. They function as an integral part of the production process.
Further, the supervision of these employees is the same as that of other
production employees. We find, therefore, that the unit sought by the
Petitioner is inappropriate for the purposes of collective bargaining.
Accordingly, we shall dismiss the petition.
ORDER
IT is HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.