Owens-Corning Fiberglas Corp.

In the Matter of OWENS-CORNING FIBERGLAS CORPORATION and LODGE 463, INTERNATIONAL ASSOCIATION OF MACHINISTS Cases Nos. 8-RC--356 through 8-RC 64.-Decided June 14,1949 DECISION DIRECTION OF ELECTIONS AND ORDER Upon separate petitions duly filed, a con^ohdatecl hearing was held before Carroll L. Martin, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirined. 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 three-member panel [Chairman Herzog and Members Houston and Reynolds]. Upon the entire record in this case the National Labor Relations Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The Petitioner is a labor organization claiming to represent em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning,of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The appropriate units : In Cases Nos. 8-RC-356, 357, 358, 359, 363, and 364, the Petitioner seeks either (1) separate units composed, respectively, of the welders, painters, blacksmiths, ironworkers, sheet metal workers, and pipe fit- ters, and their helpers and apprentices, employed both in the factory and the research laboratory 1 of the Employer's Newark, Ohio, plant; or (2) a single unit composed of all the employees requested in the individual petitions. In Cases Nos. 8-RC-360, 361, and 362, the Peti- tioner seeks either (1) separate units of the millwrights, their helpers ' The Petitioner stated at the hearing that it would be willing, however, to represent the sheet metal workers and the pipe fitters in separate 'factory- and laboratory units, if the evidence indicated that only such separate units were appropriate. 84 N. L. R. B, No. 34. 298 OWENS-CORNING FIBERGLAS CORPORATION 299 and apprentices, in the fiber forming department, in the machine shop (both the foregoing being in the research laboratory), and in the fac- tory; 2 or (2) a-single unit composed of all the millwrights requested in these individual petitions. It is the Employer's contention that all the proposed units are inappropriate because they are heterogeneous groupings of employees not functionally distinct from other hourly employees in the plant. It contends that the only appropriate unit is a single plant-wide unit of all its production and maintenance em- ployees. The Employer operates plants in several States, including the plant at Newark, Ohio, which alone is involved in this proceeding. At this plant the Employer manufactures such fibrous glass products as insu- lating wool and air filters, employing approximately 1,600 hourly workers. It also operates a research laboratory, employing about 400 hourly workers, for the development of new products and machinery, for all the Employer's plants. The factory unit of the Newark plant is supervised by a manager, while the research laboratory is super- vised by the corporation's vice president in charge of research. These two units of the Newark plant are located within the same fenced area, and share cafeteria and medical facilities and such departments as personnel and purchasing, in common. Generally, all maintenance work for the factory is supplied by its plant engineering department, one of the 38 departments into which the factory is organized.3 In one of that department's 5 sections are the ironworkers, blacksmith, pipe fitters, sheet metal workers, and painters, whom the Petitioner seeks to represent in the factory, and also auto mechanics and carpenters whom it does not seek to represent. The research laboratory is divided into 12 departments, 3 of which, fiber forming, machine shop, and pilot plant, contain employees sought to be included in one or more of the units which Petitioner re- quests. Maintenance work for the laboratory is not assigned to a 'The Petitioner was permitted at the healing to amend its petitions to request also a separate unit of millwrights in the pilot plant of the laboratory, or to have them included in the single unit of all nullwiights, if that was found to be appropriate 3 Some of those in the crafts here sought , including ironworkers , welders, pipe fitters, sheet metal workers, and millwrights in the factory, together with some carpenters and electricians , are engaged for 6 to 8 months each year in tearing down and rebuilding the tanks and controls used in producing the raw material for the Employer 's products A complete tank rebuild takes at least 30 days, and during part of that period the pioduction workers assigned to the tank are employed as plant engineering department helpers, work- ing closely with that department's regular employees in getting the tank back into produc- tion Although the tank rebuild requnes close cooperation by the production and mainte- nance employees who are uuorking together , each craft performs only `its particular specialty The production employees are used mainly as unskilled helpers . A tank is rebuilt once about every 2 years, and during that period will have one "checker change " when it will be shut down 5 to 8 days for repairs It thus appears that the production workers assigned to help on a tank rebuild and "checker change" actually spend a small percentage of their time in any 1 year in this maintenance function 300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD single department,' but, is done . by employees of 'the various operating departments. 1 1, .. ' ' ` , Although the Employer has no formal apprenticeship program for its skilled maintenance worker's, 'all such classifications are graded in either' three or four steps from trainee to highly skilled worker.' Some training is done on the job,' and 2 to 4 years is necessary for acquisi- tion of full skill in each'' of these ' classifications . • Most of the em- ployees petitioned for, both ' in the factory"and the research labora- tory, spend varying portions of their time outside the area where they, report for work and where `•their -tools are kept, because,' as mainte- nance 'employees,' 'their work' requires them to' service and repair machinery and facilities throiighout-,the plant . All jobs in the fac- tory and laboratory are evaluated under a single classification system: The Petitioner requests either a separate unit for each craft group it seeks to represent, or a single unit composed of these same groups,, but excluding the millwrights . We believe that a single multicraft unit of these maintenance employees is inappropriate because it would be composed of employees with unrelated skills, assigned to various departments which are not under the same ultimate supervision 4 Furthermore, such a unit would not include all the possible craft groups in the plant, such as electricians and machinists , who are pres- ently represented , and millwrights and carpenters who are not pres- ently represented. The proposed craft units We have heretofore found units smaller than plant-wide to be ap- propriate at the Newark plant. Thus, in 1944, we directed elec- tions 5 among all electricians in the factory and laboratory, and among machinists, their helpers and apprentices, tool and die makers, and welders in the laboratory machine shop. As a result of these elec- tions we certified the International Brotherhood of Electrical Work- ers, AFL, as bargaining representative for the electricians, and the Petitioner for the machine shop group. In March 1949, after Board- directed elections,6 we certified the Petitioner as bargaining repre- sentative for a unit of powerhouse employees, and a unit of tool makers, machinists, and tool crib employees in the machine repair department of the factory. We have also certified the Petitioner for 4 Matter of National Carbon Company, 80 N. L. R. B 831 ; Matter of Johns-Manville Products Corporation, 80 N. L. R. B 602. But cf. Matter of Armstrong Cork Company, 80 N L. R. B . 1328, in which we found an entire maintenance department , which consisted of separate crafts under the same ultimate supervision, to be appropriate where , as here, there was no previous collective bargaining history. 5 Matter of Owens-Corning Fiberglas Corporation , 57 N. L. R. B. 345. 6 Matter of Owens-Corning Fiberglas Corporation , 81 N. L . R. B. 441. OWENS-CORNING FIBERGLAS CORPORATION 301 a unit of machinists in the fiber forming department of the labora- tory, following a consent election held after the same hearing that re- sulted in the direction of elections referred to above. There is no history of collective bargaining on a plant-wide basis. Elections based on plant-wide units were conducted in 1942, 1945, and 1946, resulting, in each case, in a majority of the eligible votes being cast against representation by any labor organization. Welders: The Petitioner, in Case No. 8-RC-356, as amended at the hearing, seeks a unit of all the welders in the factory and laboratory, including the alloy welders in the laboratory, but excluding the bench- men in the precious metals fabricating department of the factory. The Petitioner is already the collective bargaining representative for 11 other welders, who are a part of a machine-shop unit in the labora- tory.' The welders whom the Petitioner seeks in the factory are all ,in the plant, engineering department, but are under 2 different im- mediate supervisors, each of whom also supervises employees engaged in other types of work. These welders do work which requires similar degrees of skill. The alloy welders in the laboratory, how- ever, and the benchmen in the factory, weld only precious metals and alloys, using hydrogen gas exclusively in these operations. As there seems to be no difference in either the work or the skills of the alloy welders and the henchmen, we see no reason to distinguish be- tween them as to inclusion in the unit. We believe that the welders in the plant engineering department, the benchmen in the precious metals fabricating department of the factory, and the alloy welders in the laboratory compose a skilled craft group of a type which we have found may constitute a unit appropriate for collective bargaining.8 Painters : All the painters in the factory are assigned to the plant engineering department, while the one painter in the laboratory is assigned to the machine shop. Although the, painter in the laboratory is under separate supervision, uses a different locker room and time clock, and works in a different location, lib performs the same type,of work as the painters in the factory. The most highly skilled painters must be able to use both brush and spray equipment, as necessary, in painting machinery, office and factory interiors, and refinishing furni- ture. We find that the painters are skilled craftsmen whose represen- tation in a separate unit is feasible.9 Blacksmiths : There is only one blacksmith employed at the plant. We shall dismiss the petition in Case No. 8-RC-358 because, under 4 Matter of Owens-Corning Fiberglas Corporation, 57 N. L R. B., 345. 8 Matter of Potash Company of America, 80 N L R B 1035 Matter of United States Potash Company, 77 N L R. B. 947. 853396-50-vol 84-23 302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD well-established principles, a one-man unit is not found appropriate for collective bargaining purposes.'° Ironworkers : The ironworkers in the plant are all employed in the plant engineering department of the factory. They cut, weld, fabri- cate, and erect iron shapes and beams necessary for construction and maintenance of production equipment. We find them to be skilled craftsmen whose representation in a unit of their own is feasible. Sheet metal workers: There are 9 sheet metal workers in the fac- tory, 2 of whom spend practically all their time doing maintenance work on the tanks. The others construct and repair gutters and 'machinery guards. There are 11 sheet metal workers in the labor- atory machine shop, who construct and install ducts, gutters, and machinery guards in the laboratory. Although the 2 groups do not work together, and are rarely interchanged, we find that the com- bined group consists entirely of skilled craft workers. We shall, therefore, establish them in a separate bargaining unit 11 Pipe fitters : There are seven pipe fitters in the laboratory machine shop who maintain the refrigeration and air conditioning pipes in the laboratory and build manifolds for production machinery used in all the Employer's plants. The single pipe fitter in the pilot plant of the laboratory does similar maintenance work, and possesses skills -equivalent to those of the machine shop pipe fitters. There are also six pipe fitters who work in the plant engineering department of the factory, building water jackets for the tanks and maintaining the piping facilities of the factory. We find that all the pipe fitters in the plant constitute a skilled craft group to which separate representation may be accorded.12 Millwrights : The Petitioner has requested 4 separate units of all the millwrights employed in the plant. There are 17 millwrights in the plant engineering department of the factory, and 18 millwrights in the research laboratory, assigned to the machine shop, pilot plant and fiber forming departments. They are all engaged in lining up, placing, and getting into operation the plant's heavy machinery and 'in making all changes on the setting of such machinery. They install and change fans, motors, conveyors, bearings, and other equipment -necessary to the proper operation of the production machinery. We have frequently found that millwrights are members of a craft for whom separate representation is feasible and may be granted.13 We 10 Matter of Griffin Wheel Company, 80 N L R B. 1471 " Matter of Waterman Steamship Corporation, 78 N L R B 20 12 Matter of Tan Processing Corporation, 78 N L R B 96 13 Matter of Victor Electric Company, 79 N L R. B 373, Matter of Certain-Teed Prod- ucts, 78 N L R. B 935. OWENS-CORNING FIBERGLAS CORPORATION 303 see no reason to create more than 1 bargaining unit for all the mill- wrights in the plant, as we find no substantial differences in their duties or skills. We find, in accordance with the foregoing, that the following groups of employees at the Employer's plant at Newark, Ohio, includ- ing in each group all such employees both in the factory and lab- oratory, but excluding all supervisors as defined in the Act, constitute separate units appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: (1) All welders, including alloy welders in the laboratory and henchmen in the precious metals fabricating department of the fac- tory, but excluding welders in the laboratory machine shop. (2) All painters. (3) All ironworkers. (4) All sheet metal workers. (5) All pipe fitters. (6) All millwrights. DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, separate elec- tions by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direc- tion and supervision of the Regional Director for the Eighth Region, and subject to Sections 203.61 and 203.62 of National Labor Rela- tions Board Rules and Regulations-Series 5, as amended, among the employees in the units described in paragraph numbered 4, above, who were employed during the pay-roll period immediately preced- ing the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstate- ment, to determine whether or not they desire to be represented, for purposes of collective bargaining, by Lodge 463, International Asso- ciation of Machinists. ORDER Upon the basis of the entire record in these consolidated cases, the National Labor Relations Board hereby orders that the petition, filed in Case No. 8-RC-358, be, and it hereby is, dismissed.