Vulcan Tin Can Co.

10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Order Upon the entire record in this case, the National Labor Relations Board hereby orders that the petition herein be, and it hereby is, dismissed. VULCAN TIN CAN COMPANY AND VULCAN STAMPING AND MANUFACTUR- ING CO., INC.' and UNITED ELECTRICAL , RADIO AND MACHINE WORKERS OF AMERICA, UE, PETITIONER . Case No. 13-RC-1749. April 24, 1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Richard C. Swander, hearing officer. 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-member panel [Chairman Herzog and Members Houston and Reynolds]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain employees 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 Petitioner's primary request is for a unit of all production and maintenance employees at the Vulcan Tin Can Company's Hill- side, Illinois, plant. Alternatively, it seeks, if the Board finds its initial unit inappropriate, a second unit embracing the production and maintenance employees of the Vulcan Stamping and Manufacturing Company's plant at Bellwood, Illinois. The two companies, both of which appeared at the hearing, contend that because of the common ownership and control, and the operational integration of the two companies, neither proposed unit is appropriate, and that the em- ployees of both plants must be joined in a single unit. The parties I At the hearing the Petitioner made a secondary request to represent the employees of the Vulcan Stamping and Manufacturing Co., Inc. We have construed the request as a motion to amend the petition by adding the name of that company as an employer. On the record as a whole , and particularly the contentions of Vulcan Tin Can Company and Vulcan Stamping and Manufacturing Co., Inc., that they operate as a single employer- for the purposes of this proceeding , the motion is granted. 94 NLRB No. 7. VULCAN TIN CAN COMPANY 11 also disagree respecting watchmen, whom the Petitioner would ex- clude, but the companies would include, in any unit established.2 The Hillside and Bellwood factories, now located 1 mile apart, are operated as separate corporate entities, both engaged in the production of metal containers. Hillside makes and assembles small tin cans, and Bellwood produces larger metal containers and buckets. Except that Bellwood employees generally handle heavier metal than do those at Hillside, and that Bellwood also performs a painting process, the work done in the two plants is almost identical. In both the employees operate punch presses, seamers, shearing machines, and related equip- ment. Hillside purchases can tops and bottoms from Bellwood, and does some final assembly work on containers produced by Bellwood. Both plants share the services of a contract carrier whose trucks bear the legend "Vulcan Tin Can Company" on one side and "Vulcan_ Stamping and Manufacturing Company" on the other. Employees and machine parts are interchanged and transferred, both permanently and on a temporary basis, between plants. When transferred, employees retain their seniority, as well as wage scales and all other accrued benefits. All employees of both plants are cov- ered by the same health and industrial insurance policies, have common wage scales, vacations, and holidays, and work under the same managerial policies. Although separate books, payrolls, and purchase and sales accounts are maintained by each corporation, all these activities are carried on by a single clerical staff at the main office in Bellwood.3 The expenses of this office overhead are allocated between the two companies. . Vern J. McCarthy, president of each corporation, owns most of the stock in both. His wife is secretary of Vulcan Tin Can and the treasurer of Vulcan Stamping; their son is vice president of one com- pany and secretary of the other. The vice president of Vulcan Stamp- ing is assistant secretary and treasurer of Vulcan Tin Can. The president and his wife also occupy two of the three directorships in each corporation. The Hillside operations, formerly a department of Vulcan Stamp- ing and Manufacturing Co., Inc., were moved out of Bellwood be- cause they outgrew the facilities available there. A structural ex- tension of the Hillside plant, doubling its size, was scheduled for completion within 90 days of the hearing date; at that time the Stamping Company will move to Hillside and sell its Bellwood plant. Although the present corporate structure will be preserved at the 2 At the close of the hearing the Petitioner's attorney stated that if the Board agrees with the Employer's contention as to the scope of the unit, the Petitioner would accept an election in a single two-plant unit. 8 A single clerical employee keeps some office records at Hillside , and forwards such Information to the main clerical staff at Bellwood. 12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD single location, the operations of the two companies will be further integrated. Their punch press, maintenance, and shipping depart- ments will be combined, and will serve both corporations. The em- ployes of both will share common locker and washroom facilities, one cafeteria, and one time clock. On the basis of the foregoing facts and on the more numerous de- tails shown in the record, it is clear that the Vulcan Tin Can Com- pany and the Vulcan Stamping and Manufacturing Company op- erate as a single integrated enterprise. The common stock owner- ship and interlocking officers and directors show that all employees are subject to the same managerial control and that they share com- mon labor policies. The slight differences in the interests of the employees of the two companies now occasioned by their physical separation will soon be eliminated by completion of the impending move. In these circumstances, we believe that the two companies -constitute a single employer within the meaning of Section 9 (b) ,of the Act." The four watchmen at the two plants do regular janitorial work and also watch the premises and punch clocks on regular rounds. The record shows that they spend more than 50 percent of their time doing janitorial work. In accordance with well-established Board practice, we shall include them in the unit., Accordingly, we find that all production and maintenance employees of Vulcan Tin Can Company and of Vulcan Stamping and Manu- facturing Co., Inc., at their Hillside and Bellwood, Illinois, plants, respectively, including watchmen, but excluding cafeteria employees, professional employees, office clerical employees, guards, executives, and all supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 .(b) of the Act. [Text of Direction of Election omitted from publication in this volume.] ' William W. Fitzhugh, Inc., 88 NLRB 537; Marcal Pulp & Paper Co., Inc ., 65 NLRB 263. "United States Gypsum Company, 81 NLRB 344. FLORA CABINET COMPANY, INC. and UNITED AUTOMOBILE WORKERS OF AMERICA, AFL, PETrrloNrai*. Cases Nos. 13-RC-1757 and 13-RC-1777. April 24,1951 Decision and Direction of Election Upon separate petitions duly filed under Section 9 (c) of the National Labor Relation Act, a consolidated hearing was held be- 94 NLBR No 6.