Shell Chemical Corp.

In the Matter of SHELL CHEMICAL CORPORATION (SHELL POINT PLANT), EMPLOYER and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS AND HELPERS OF AMERICA FOR AND ON BEHALF OF SUB- ORDINATE LODGE No. 513, A. F. OF L., PETITIONER Case No. 20-RC-96.-Decided August 23,1948 DECISION AND ORDER Upon a petition duly filed, a hearing was held before a hearing officer 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 National Labor Relations Act, the Board has delegated its powers in connection with this case to a panel consisting of Board Members Houston, Reynolds and Gray. 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 labor organizations named herein claim to represent em- ployees of the Employer. 3. No question of representation exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act 1 for the following reasons: The Petitioner seeks a unit of all boilermakers, welders, and tin- smiths 2 in the Employer's maintenance dep'lrtment, including craft helpers who have been assigned to assist these employees for 6 months or more, and subforemen. The Employer takes no position with I Oil Workers International Union, CIO, herein called the Intervenor, contends that a con- tract currently in effect between the Employer and the Intervenor covering the employees involved herein, constitutes a bar to this proceeding. In view of our dismissal of the petition herein, for the reasons set forth infra, we deem it unnecessary to pass upon this contention. S The Petitioner would include lead burners in its proposed unit. At the time of the hearing there were no lead burners in the maintenance department. Since about August 1946, the welders have done lead burning at the plant. 79 N. L. R. B., No. 3. 4 35 36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD respect to the proposed unit. The Intervenor contends that only the production and maintenance unit which it now represents is appro- priate.' The employees in the proposed unit form part of the Employer's ,maintenance department, which'is headed by a master mechanic. They have their headquarters in separate sections of the machine shop, which houses all maintenance employees with:the exception of carpenters and electricians, who occupy separate buildings. They work in and out of the machine shop. They are under the immediate supervision of an assistant maintenance foreman in charge of boilermakers, welders, and tinsmiths, and a subassistant maintenance foreman 4 Although, while working in the plant along with other craft employees, they may re- ceive directions from the supervisor in charge of the particular job on which they are working, they remain under, and at all times are sub- ject to, the supervision of this assistant maintenance foreman. They are all highly skilled craftsmen and are clearly distinguishable from other employees in the maintenance department. There is no general interchange of functions among craft classifications. During a com- plete shut-down, however, all maintenance employees work together to dismantle the unit concerned. As soon as the unit is dismantled, the several craft employees return to their regular craft work. Lay- offs are made on a craft basis. At the time of the hearing there were 7 boilermakers (first-class) and 1 boilermaker (second-class) in the maintenance department. Boilermakers (first-class) form heavier structural shapes and sheets, perform the maintenance work on tubular heat exchanges and con- densers, and fabricate'brackets, supports and flanges. Boilermakers (second-class) work with and assist the first-class boilermakers. The 2 tinsmiths do practically the same type of sheet-metal work as the boiler- makers, except that they use lighter gauge metal. The 15 welders (first-class) share the west end of the machine shop with the boiler- makers. They are engaged in the joining of pipe, structural steel, and plate by either are or acetylene welding. They usually work with boilermakers, tinsmiths, and pipe fitters. Inasmuch as the proposed unit appears to be, however, essentially a multi-craft grouping of employees with different skills, we believe 3 In Matter of Shell Chemical Company, 4 N L R B. 259 the Board directed globe elec- tions in a number of separate craft units , including a unit of boilermakers . In December 1937 , the Board certified the Intervenor as the collective bargaining representative of the production and operating employees on the daily pay rolls of the Employer , exclusive of machinists and electricians This unit embraced the employees now sought by the Peti- tioner. The Intervenor has bargained for the employees in this unit since 1938 ' The subassistant maintenance foreman has no supervisory power within the meaning of the Act SHELL CHEMICAL CORPORATION 37 that these employees lack the homogeneity and cohesion requisite for the severance of a single separate unit for bargaining purposes .5 We find, therefore, that there is no unit appropriate for collective bargaining sought by the petition. ORDER Upon the basis of the entire record in this case, the National Labor Relations Board hereby orders that the petition filed in the instant matter be, and it hereby is, dismissed. MEMBER REYNOLDS took no part in the consideration of the above Decision and Order. L Matter of Pepsi Cola Company, 78 N. L R. B. 790. 809095-49-vol 79-4