Window Glass Cutters League of America

National Labor Relations Board - Board Decisions

Mar 26, 1970

181 N.L.R.B. 821 (N.L.R.B. 1970)

WINDOW GLASS CUTTERS LEAGUE OF AMERICA 821
Window Glass Cutters League of America, Local
No. 10, AFL-CIO and American Saint Gobain
Corporation and United Glass and Ceramic
Workers of North America, Local No. 21,
AFL-CIO
Window Glass Cutters League of America, Local
No. 5, AFL-CIO and American Saint Gobain
Corporation and United Glass and Ceramic
Workers of North America, Local No. 17,
AFL-CIO. Cases 6-CD-298 and 6-CD-299
March 26, 1970
DECISION AND DETERMINATION OF
DISPUTE
Pennsylvania manufactured products in excess of
$100,000 annually. We find, accordingly, that
American is engaged in commerce within the
meaning of the Act and that it will effectuate the
policies of the Act to assert jurisdiction herein.
II. THE LABOR ORGANIZATIONS INVOLVED
The parties stipulated, and we find, that the
League and its Local Nos. 10 and 5, and the Glass
Workers and its Local Nos. 17 and 21, are labor
organizations within the meaning of Section 2(5) of
the Act.
III. THE DISPUTE
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING AND BROWN
This is a proceeding under Section 10(k) of the
National Labor Relations Act, as amended,
following charges filed by American Saint Gobain
Corporation , herein called American , alleging
violations of Section 8(b)(4)(D ) by Window Glass
Cutters League of America, Local Nos. 10 and 5,
AFL-CIO, herein called the League After these
cases were consolidated , and pursuant to notice, a
hearing was held on October 20, 1969 , in Pittsburgh,
Pennsylvania , before Joseph E . Moore, Hearing
Officer . American , League Local Nos. 10 and 5,
and United Glass and Ceramic Workers of North
America, Local Nos. 21 and 17, herein called the
Glass Workers, appeared at the hearing and were
afforded full opportunity to be heard , to examine
and cross-examine witnesses , and to adduce evidence
bearing on the issues . All parties filed briefs with the
National Labor Relations Board.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a
three-member panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error They are hereby
affirmed.
Upon the entire record in this case, the Board
makes the following findings:
1. THE BUSINESS OF THE COMPANY
The parties stipulated that American is a
Delaware corporation which owns and operates
three window glass plants, located at Jeannette,
Pennsylvania, Arnold, Pennsylvania, and Okmulgee,
Oklahoma. Its principal office is located in
Kingsport, Tennessee. Its Jeannette, Pennsylvania,
plant, during the past 12-month period purchased
raw material valued in excess of $100,000 directly
from outside the Commonwealth of Pennsylvania.
The Employer has sold and shipped outside
A. Background and Facts of the Dispute
The Employer's plants located in Jeannette and
Arnold, Pennsylvania, have collective-bargaining
agreements with the League and the Glass Workers
at these two locations. The Glass Workers
represents the production and maintenance
employees, and the League represents employees
engaged in cutting and inspecting glass at these two
plants.
The work in dispute involves the operation of two
Billco block cutting machines at Arnold, and one
Billco block cutter at Jeannette. The first block
cutters were placed in production at the Arnold
plant on July 21 and 28, 1969. American assigned
League members to operate the block cutters. Two
employees were assigned to each machine. The
employee on the front end takes a sheet of glass
from a buck adjacent to the machine and places the
sheet against a squaring device on the float table
which has holes through which air is forced to
facilitate manipulation of the sheet. When the sheet
has been positioned properly, the employee hits a
knee switch which reverses the airflow so that it
becomes a vacuum holding the sheet firmly in place
and causes the cutting bridge to move forward over
the sheet. The cutting heads then lower
automatically and move back, scoring the glass
across the sheet into the desired sizes. Such cuts are
referred to as "X" cuts. Trimming the side of the
sheet of glass or splitting the sheet is referred to as
a "Y" cut. This is accomplished by placing a block
on the side of the machine, causing the cutting
bridge to stop temporarily at the block and the
lowering of the cutting head to make the split or
trim. The cutting bridge then proceeds forward so
the cross cuts can be made. After the scoring or cuts
have been made, the sheet moves automatically to
the back of the machine where the second employee
snaps the sheet at the score marks, visually inspects
the glass for defects, and from time to time checks
the edges for size tolerance. He then places the glass
on a count-off truck or pallet adjacent to the
machine.
181 NLRB No 126
822 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On August 8, 1969, Glass Workers Local 17 at
Arnold protested the assignment of the work on the
Billco block cutter to the League and engaged in a
short work stoppage, claiming that the job on the
front end of the Billco block cutter should be
assigned to an employee represented by the Glass
Workers. Members of the Glass Workers returned
to work when the plant manager agreed to take up
the matter with Edward Good, American's vice
president of labor relations.
On September 2, 1969, a trucker represented by
the Glass Workers refused to deliver glass to the
block cutter machine at the Arnold plant. Although
American purchased a block cutter for the Jeannette
plant in the summer of 1969, it was not scheduled to
be placed in operation until September 4, 1969.
Prior to placing the machine in operation, Good
discussed the assignment with Reiser, the president
of the Glass Workers. After reviewing the problem
of the work assignment on the machines, Good
notified Gross, the plant manager at Arnold, and
Stayer, the plant manager at Jeannette, that on
September 4 one man represented by the Glass
Workers and one represented by the League should
be assigned to the Billco block cutters. League
members at both plants refused to work on the
block cutter when members of the Glass Workers
started to work on the front end of the machines.
On September 1, prior to placing the block cutter
into operation at the Jeannette plant, plant manager
Stayer notified Octone, president of the Glass
Workers' Local 21, that he was going to assign one
member of the Glass Workers and one member of
the League to the block cutter. Octone stated that
he felt both assignments should go to members of
his Union, but that he would go along with the
assignment under protest. Stayer also notified
Baughman, president of League Local 10, who
protested the assignment saying both assignments
should go to the League and that he would not
permit his men to go to work. On September 4, an
employee represented by the Glass Workers Local
21 at Jeannette placed a sheet of glass on the front
end of the block cutter table, started the machine,
and the glass was scored and transferred to the back
end. The employee represented by the League
located at the back end of the block cutter refused
to perform his function. The block cutter was not
operating at the time of the hearing.
The League has represented American employees
for more than 25 years. On June 15, 1969, the
League and American entered into a new
agreement, modifying the prior master agreement
which was effective June 15, 1966, to June 15, 1969.
The new agreement terminates on June 15, 1972.
The recognition clause in the contract requires
American to recognize the League as the exclusive
representative of all hand cutters, inspectors of hand
cut glass, apprentices, cutting machine operators,
and inspectors of machine-cut glass.
The Glass Workers was certified March 31, 1949,
after the Okmulgee plant began production. The
current agreement between American and the Glass
Workers will terminate on April 2, 1972. The
recognition clause in the contract requires American
to recognize the Glass Workers as the representative
of all production and maintenance employees
employed at its window glass plants located at
Okmulgee, Oklahoma, Jeannette and Arnold,
Pennsylvania.
B. The Work in Dispute
As indicated above, the dispute involves the
assignment of work on two Billco block cutters at
the Arnold plant and one Billco block' cutter at the
Jeannette plant.
C. The Contentions of the Parties
Although American originally assigned all the
work on the new Billco block cutters to League
members, American reassigned the front end work
on the block cutters to members of the Glass
Workers which argued that it was entitled to this
work. American contends that the dispute is
depriving it of the use and production of its block
cutter machines , and it seeks an affirmative award
of the work on the block cutter machines.
The League contends that the Billco block cutter
machine is a substitute for hand cutting which is
done exclusively by members of the League; that
members of the League operate reject cutting
machines which are nearly identical to the block
cutter machines ; and that the League's contract
supports its claim.
The Glass Workers contends that the block
cutters require no special esoteric skills which only
one group possesses , and that the skill entailed in
the performance of either job on the machine is
minimal . The Glass Workers also contends that four
of the seven employees on American's large cutting
machines are members of the Glasss Workers; that
there are cutoff men in the "hot end"' of the plant
who are responsible for the cutting of glass; and that
the Board held in Window Glass Cutters League of
America , AFL-CIO (American Saint Gobain
Corporation ), 146 NLRB 64, that the cutoff man,
who operates the border trimmers , the machines
which cut the sides of sheets to saleable edges, was
properly within the jurisdiction of the Glass
Workers. Finally, the Glass Workers contends that
it has operated the Klages cutting machine which
was used to cut laminated glass.
'See E , 2, infra, for a description of this term
WINDOW GLASS CUTTERS LEAGUE OF AMERICA 823
D. Applicability of the Statute
Before the Board may proceed with a
Determination of Dispute pursuant to Section 10(k)
of the Act, it must be satisfied that there is
reasonable cause to believe that Section 8(b)(4)(D)
has been violated.
The charges herein allege violations of Section
8(b)(4)(D) of the Act. The record shows that on or
about September 1 and 4, 1969, the Respondents,
through their agents, induced and encouraged
individuals employed by American to engage in a
refusal in the course of their employment to perform
services for American, and threatened American
with an object of forcing and requiring American to
reassign work of operating block cutter machines,
presently assigned to members of the Glass Workers
Local Nos. 17 and 21', to members of the League.
We conclude that there is a reasonable cause to
believe that a violation of Section 8(b)(4)(D) has
occurred and that the dispute is properly before the
Board for determination.
supervisors as defined by the National Labor
Relations Act, as amended.
The League contends that American needs cutting
machine operators to operate the Billco block
cutters and that employees in that classification are
included in the League's agreement. The League
accurately points out that the Glass Workers has no
classification of cutting machine operator in its
contract. The Glass Workers does not base its claim
to the work on any descriptive language in its
contract with American.
While the record supports the League's contention
that the Glass Workers has no classification of
cutting machine operator, it is also clear that there
is no classification in the League's contract
specifically covering the Billco block cutters in
dispute. Clearly, the respective contracts cannot be
regarded as significant factors favoring an award to
either the League or the Glass Workers.
2. Company and industry practices
E. Merits of the Dispute
1. Collective-bargaining agreement
On June 15, 1969, the League and American
entered into a new agreement , modifying the prior
master agreement that was in effect from June 15,
1966, to June 15, 1969. The new agreement
terminates on June 15, 1972. The recognition clause
in the contract provides as follows:
The Company recognizes the League as the
exclusive representative for the purpose of
collective bargaining of all hand cutters of window
glass, inspectors of hand cut window glass,
apprentices to the hand cutting of window glass,
(cutting machine operator , reject cutter-machine
cut glass and the inspector-machine cut glass, in
accordance with the Miami Agreement dated
May 15 , 1958 hereinunder set forth in this
agreement ) at the Company ' s now existing
window glass plant or plants.
The Glass Workers and American entered into a
new agreement on May 21 , 1969. The new
agreement modifies the basic agreement effective
March 15, 1966, to March 15, 1969, and will
terminate on April 2, 1972. The recognition clause
states:
The Union is recognized during the life of this
agreement as the sole and exclusive bargaining
agent for all production and maintenance
employees employed by: American Saint Gobain
Corporation at its window glass plants located at
Okmulgee, Oklahoma, Jeannette, Pennsylvania,
and Arnold , Pennsylvania; excluding all
employees under the jurisdiction of the Window
Glass Cutter ' s League, AFL-CIO salaried and
clerical employees , professional employees and
The record indicates that American has for many
years recognized the League as the exclusive
representative of all hand cutters of window glass,
inspectors of hand cut window glass, apprentices,
cutting machine operators, and reject cutters of
machine cut glass.
The Glass Workers has traditionally been
recognized by American as the representative of
production and maintenance employees, excluding
all employees represented by the League.
The Arnold and Jeannette plants are typical glass
window plants whose facilities appear to be divided
into what is referred to as the "hot end" and the
"cold end." At the "hot end," glass is manufactured
by heating a certain mix to a molten state. As this
mix is drawn out of the tanks it cools and hardens,
at which point it is broken off into sheets
Thereafter, the sheets of glass are transported to the
"cold end" of the plant where they are cut either by
hand or by machine into lights (panes) of saleable
sizes, and are then inspected and stored.
The Glass Workers primarily represents the
employees in the "hot end" of the plant as well as
those employees who transport glass from the "hot
end" to the "cold end." Employees represented by
the Glass Workers bring glass to and from the hand
cutting stalls, carry the glass to and from the cutting
machines, paper and box the glass, and serve as
loaders and off-bearers on the large cutting
machines As a general rule, members of the Glass
Workers work in functions which support the actual
cutting operations performed by the League
The employees represented by the League work in
the "cold end" of the plant, where they hand cut
glass, inspect the glass, and operate cutting
machines. The recognition article in the current
contract between American and the League refers to
the Miami Agreement, dated May 15, 1958. In that
824 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
agreement, American and several other glass
companies agreed with the League and the Glass
Workers to be bound by the National Labor
Relations Board's decision in the then-pending
jurisdictional dispute involving Pittsburgh Plate
Glass, herein called PPG, and Libbey-Owens-Ford,
herein called LOF, as to whether the League or the
Glass Workers have jurisdiction over cutting
machine operations.' Although American was not a
party to the dispute before the Board, it agreed to
be bound by the Board's decision. The Board found
in the LOF case that the jobs of cutting machine
operator, reject cutter-machine cut glass, and
inspector-machine cut glass, at the plants involved
were appropriately included in the units represented
by the League in view of the League's 25-year
bargaining history of representing machine cutting
jobs and the fact that the new machines in dispute
were basically the same as the old machines
Following the Board's decision in LOF,
American, when it introduced a cutting machine,
put the cutting machine operation under the
jurisdiction of the League. Thus, the record shows
that the four employees associated with the cutting
functions of the machine were represented by the
League. In contrast, the three employees whose
work was limited to loading and unloading duties
were represented by the Glass Workers
Although the Board held in an earlier case
involving the Respondent's Okmulgee, Oklahoma,
plant' that the work of adjusting the border
trimmers, which were located in the "hot end" of
the plant, should be done by the cutoff man who
was represented by the Glass Workers, the
established bargaining agent for the employees in
that area, we find that decision is inapplicable to the
instant proceeding which is concerned with the
Billco block cutter, a machine that is part of the
"cold end" operation where employees have long
been represented by the League.
There was testimony that members of the Glass
Workers had operated the Klages glass cutting
machine at the Jeannette plant. The Klages machine
was used to cut patterns of laminated glass.
However, this type of machine has not been used
since the late nineteen forties.
Still another glass cutting machine in use at
American is the Billco reject cutting machine. This
machine is similar to the Billco block cutting
machine, except that it is smaller, cannot make a
"Y" cut, and is not able to handle a full sheet of
glass. Two men operate this machine, and they are
represented by the League.
As noted above, the first Billco block cutter
machine at the Arnold plant was placed in operation
on July 21, 1969, and the second machine on July
28, 1969. Two members of the League were assigned
Window Glass Cutters League of America, AFL-CIO and
Libbey-Owens-Ford Glass Company, 123 NLRB 1183.
Window Glass Cutters League (American Saint Gobain Corporation),
146 NLRB 64
to operate each machine. Vice President of Labor
Relations Good testified that two League members
were assigned to the block cutter because the work
was monotonous and the two employees could
rotate their positions for a more efficient operation.
Good was also of the opinion that the block cutter
was similar to the reject cutting machine which was
operated by two League members.
On September 4, the block cutter at the Jeannette
plant was placed in operation, under the
circumstances heretofore described.
As the record shows that League members do all
the cutting work on the large cutting machines and
operate the Billco reject cutter machines, which are
smaller but similar to the Billco block cutter, that
members of the Glass Workers have never
heretofore operated a cutting machine in the "cold
end" of the plant, and that the block cutting
machine performs work which would ordinarily be
done by hand cutters represented by the League, we
conclude that, for the most part, it has been
American's practice to assign cutting machine work
to League members. Moreover, it has been
American's practice, albeit for the relatively short
period from July 21 to September 4, 1969, to assign
the work on the Billco block cutters to League
members.
3. Relative skills and efficiency
As noted above, American originally assigned two
League members to operate the Billco block cutter.
There is testimony that, in contrast to the cutting
skills called for on the back end of the cutter, no
special skills are required of the employees who
operate the front end and that members of both the
Glass Workers and the League are qualified to
perform front end functions. However, American's
reason for assigning two League members to the
cutter was its desire to speed up the operation of the
cutter by hiring equally skilled cutting employees
who could rotate on both ends of the cutter and
avoid the slowdown attendant upon performing only
one type of work. Thus, it appears that the factor of
efficiency favors the assignment of League members
who possess the skills needed on the back end of the
Billco block cutter.
4. Gain or loss of jobs
There is evidence that the hand cutters
represented by the League performed all of the
cutting work at the "cold end" of the plants before
American installed the Billco block cutters. The
block cutting machine displaced hand cutters by
cutting glass that would ordinarily be cut by the
hand cutters.
In this connection, there is evidence that when the
block cutters were stopped on September 3, 1969,
the Employer added four hand cutters to the eight
working on that date. Accordingly, we conclude that
WINDOW GLASS CUTTERS LEAGUE OF AMERICA 825
the assignment of one or both jobs on the Billco
block cutters to members of the Glass Workers
would result in a loss of job opportunities for
members of the League, as it has been the prevailing
practice of American to assign the block cutter fobs
to League members.
Conclusions
Based upon the entire record and after full
consideration of all relevant factors involved, we
have decided to award the work in the instant case
to the employees represented by the League rather
than to employees represented by the Glass
Workers. This determination is limited to the
particular controversy giving rise to the dispute.
DETERMINATION OF DISPUTE
Pursuant to Section 10(k) of the National Labor
Relations Act, as amended , and upon the basis of
the foregoing findings, the National Labor Relations
Board hereby makes the following Determination of
Dispute-
Employees represented by Window Glass Cutters
League of America, Local Nos 5 and 10,
AFL-CIO , are entitled to perform the work on the
front end and the back end of the Billco block
cutters at American ' s Arnold and Jeannette,
Pennsylvania plants.