International Paper Co.

500 DECISIONS OF NATIONAL LABOR RELATIONS 130ARD concertedly as one bargaining agent.411 Therefore, - consistent with well-established Board precedent, I would find that where, as here, there has been a long and continuous bargaining history on the basis of a multiplant unit, a unit limited to employees of one plant is not appropriate for purposes of collective bargaining49 Accordingly, I would dismiss the petitions herein. 48 Although there was an abandonment of joint negotiations by some of the intervening unions in 1950, the ensuing contracts did not change the multiplant character of the prior bargaining history. 49 Hanovia Chemical and Manufacturing Company, 90 NLRB 650; Manhattan Sponging Works, 90 NLRB 13, and cases cited therein . See also cases cited in footnote 24 of my dissenting opinion in Hygrade Food Products Corporation , 85 NLRB 841. INTERNATIONAL PAPER COMPANY, SOUTHERN KRAFT DIVISION (RAYON PLANT) and INTERNATIONAL BROTHERHOOD OF PAPER MAKERS, AFL, INTERNATIONAL BROTI-1TRHOOD OF PULP, SULPHITE AND PAPER MILL WORKERS, AFL, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, JOINT PETITIONERS' INTERNATIONAL PAPER COMPANY, SOUTHERN KRAFT DIVISION (RAYON PLANT) and LOCAL No. 681, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA, AFL, PETITIONER INTERNATIONAL PAPER COMPANY, SOUTHERN KRAFT DIVISION (RAYON PLANT) and INTERNATIONAL ASSOCIATION OF MACHINISTS, PETI- TIONER. Cases Nos. 15-RC-383,15-RC-386, and 15-RC-395. May 15, 1951 Decision and Direction of Elections Upon separate petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Richard C. Keenan, hearing officer. The hearing officer's rulings made at the hearing are free from prej udicial error and are hereby affirmed. On February 23, 1951, these cases were consolidated with Case No. 10-RC-900, et al., for the purpose of oral argument, which was heard before the Board on March 13, 1951.2 All parties were repre- sented by counsel and participated in the argument. Upon the entire record in these cases, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. ' The names of all labor organizations participating in this proceeding appear as corrected at the hearing. 2 Oral argument was heard jointly in the instant cases and in International Paper Company, Southern Kraft Division, Cases Nos. 10-RC-900-907 (involving other opera- tions of the Employer) because of certain Issues common among them. 94 NLRB No. 87. INTERNATIONAL PAPER COMPANY 501 2. The labor organizations involved claim 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 appropriate unit; the determination of representatives : The Contentions of the Parties In Case No. 15-RC-383, the Joint Petitioners, International Brotherhood of Paper Makers, AFL, International Brotherhood of Pulp, Sulphite and Paper Mill Workers, AFL, and International Brotherhood of Electrical Workers, AFL, filed a petition seeking to represent a unit composed of all production and maintenance em- ployees in the Employer's Natchez, Mississippi, plant, excluding watchmen and supervisors as defined in the Act. However, at the hearing they contended that, because of the alleged multiplant bar- gaining history and integrated operations of the Employer, the only appropriate unit should be a division-wide unit composed of the pro- duction and maintenance employees of all plants in the Employer's Southern Kraft Division, including those in the Natchez plant. The Petitioner in Case No. 15-RC-386, hereinafter called the Pipe Fit- ters, seeks to represent a unit consisting of all pipe fitters, instrument men, welders assigned to pipe fitting work, and their leadmen and helpers at the Natchez plant. The Petitioner in Case No. 15-RC-395, hereinafter called the IAM, requests a unit composed of all machin- ists, millwrights, blacksmiths, auto mechanics, sheet metal workers, and their helpers, knifegrinders, welders assigned to the millwrights or to the machine shop, and their leadmen at the Natchez plant.3 The Congress of Industrial Organizations, hereinafter called the CIO, seeks to represent a unit composed of all production and main- tenance employees at the Natchez plant alone. International Union of Operating Engineers, Local 624, A. F. L., hereinafter called the Operating Engineers, seeks to represent a unit composed only of Natchez crane operators 4 United Brotherhood of Carpenters and Joiners of America, A. F. L., hereinafter called the Carpenters, re- quests a unit composed of all millwrights, carpenters, welders serv- ing millwrights, and their helpers at the Natchez plant .5 The Employer contends that the appropriate unit should include all hourly rated employees in all nine plants within its Southern Kraft 3If the Board should find a separate unit of welders to be appropriate, both the Pipe Fitters and the JAM desire to appear on the ballot in any election directed in such unit. 4In the alternative, the Operating Engineers requests a unit comprising all crane operators, bulldozer operators , and truck drivers at the Natchez plant. I If the Board should find a separate unit of millwrights to be appropriate, both the JAM and the Carpenteis desire to appear on the ballot in any election directed in such unit and would include therein the welders assigned to millwrights. 502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Division, including the employees in the Natchez plant. It asserts that the Board should proscribe all bargaining on a craft or smaller than plant-wide basis in the southern paper and pulp industry. The Employer further contends that at the time the Natchez plant com- menced operations, the employees in this plant became part of the multiplant bargaining unit which, the Joint Petitioners and the Em- ployer assert, embraces the other eight plants of the Southern Kraft Division. The Employer's Operations The Employer manufactures sulphite pulp at its recently con- structed plant at Natchez, Mississippi, which commenced operations on May 12, 1950. The Natchez plant and 8 other pulp and paper' plants located in various southern States form the Employer's South- ern Kraft Division, whose headquarters is maintained at Mobile, Alabama. This plant differs from the other plants in the Southern Kraft Division because it is the only one designed primarily for the manufacture of "rayon" pulp, a basic ingredient that is used in the manufacture of rayon fabric.6 However, at the time of the hearing, only one test run of rayon pulp had been made, and the plant was man- uf acting only paper pulp, most of which the Employer sold to other concerns. Rayon and paper pulp are manufactured under substan- tially the same conditions, the same machinery and equipment being utilized for both.7 As the demand for rayon pulp increases, the Em- ployer anticipates that the Natchez plant will produce more of that product and less paper pulp. The plant operates 24 hours a day, 7 days a week, producing sulphite pulp in a continuous, mechanical, and chemical process. There are approximately 862 production and main- tenance employees at the Natchez plant. For administrative purposes, the plant is organized into several departments including, among others, a production department headed by the production superintendent, and a maintenance department under the direction of the master mechanic, all of which are under the general supervision of the plant manager. The production superin- tendent has under his direct supervision the superintendents of the pulp mill and the pulp drying mill. The master mechanic has two assistants, one of whom directs, through subordinate foremen and leadmen, the work of the millwrights, machine shop employees, and welders. The other assistant master mechanic, through subordinate foremen, directs the work of the pipe fitters, carpenters, and labor gang. e Rayon may be manufactured of either bleached wood pulp or cotton linters. ° Gum wood is used at the Natchez plant in making rayon pulp whereas pine is used in the manufacture of paper pulp . Only one kind of pulp may be produced at a given time. INTERNATIONAL PAPER COMPANY 503 - Although the Employer has no formal apprenticeship training pro- gram for its' maintenance employees, it maintains a comparable helper-training program. The Employer follows a general policy of assigning only skilled maintenance mechanics to plant maintenance work. We have carefully considered all the arguments urged by the Employer and the Joint Petitioners in support of their contention that, because of the alleged multiplant bargaining history and inte- grated operations of the Employer, the only appropriate unit should be a division-wide unit composed of all production and maintenance employees in all nine plants comprising the Southern Kraft Division. For the reasons stated in International Paper Company, Southern Kraft Division," a case involving the Employer's Georgetown, South Carolina, mills decided on this day, we find insufficient merit in this contention. We have likewise carefully considered the Employer's arguments in support of its contention that its operations and other similar operations in the South are so highly integrated that the Board should proscribe any bargaining on a craft, or smaller than plant-wide, basis in the southern paper industry. For the reasons set forth in the above-cited case, we can find no sufficiently persuasive reason, under the terms of the amended Act, for departing from our past determination with respect to pulp and paper mills.9 However, we do agree that a Natchez plant-wide unit may be appropriate, because of the demonstrated degree of integration in the plant opera- tions, if the employees so desire. 10 We shall therefore make no present unit determinations pending the outcome of the self-determination elections hereinafter directed. The Proposed Pipe Fitters' Unit As indicated above, the Pipe Fitters seeks a unit composed of plumb- ers, steam fitters, pipe fitters, welders assigned to the pipe shop, instru- ment men, and their helpers and leadmen. The Employer's 13 pipe fitters," 14 helpers, and their leadmen work under the pipe shop fore- men. All the pipe fitters have substantially the same skills, -having completed a period of training sufficient to qualify.them for journey- men status. They work throughout the plant, performing the tradi- tional work of their trade. 8 94 NLRB No. 81. 8 Coosa River Newsprint Company, 90 NLRB No. 57 ; West Virginia Pulp and Paper Company, 89 NLRB 815, and cases cited therein; Gaylord Container Corporation, 80 NLRB 1201. to Member Reynolds agrees with this conclusion because unlike the situation in the International Paper Company, Southern Kraft Division case cited in footnote 8, supra, the Natchez plant, being a new operation , has no multi-plant bargaining history such as he believed existed in that case with respect to the eight other plants of this Employer. 11 The Employer has no classifications of plumbers and steam fitters. 504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Employer has 14 welders, 12 welder helpers, and 1 welder lead- man 12 at the Natchez plant, 8 of whom are unassigned. Some of the unassigned welders work in the pipe shop, but this depends upon the amount of pipe welding work to be done, and is in line with the Employer's policy of placing its skilled maintenance men where the need for their services is greatest. The remaining welders, in- cluding those sought by the IAM and the Carpenters, are assigned on a rotating basis to various operating departments where they work under the foremen of such departments. All welders receive their job instructions from their leadmen, and perform the traditional work of their trade. The five instrument men and five instrument men helpers are super- vised by the chief electrician. They install and repair various kinds of electrically actuated and pressure instruments. Some of these instruments are also repaired by electricians. Although a few instru- ment men have had some pipe fitter experience, the Employer prefers to employ instrument men with electrical knowledge or background, because of the increased use of electronic devices. As the Employer's pipe fitters constitute a traditional craft group, we find that they may, if they so desire, constitute a separate appro- priate unit.13 Because the Employer has no welders who are regu- larly assigned to the pipe shop, or, in fact, to any other maintenance shop or operating department, but on the contrary, assigns its welders on a rotating basis throughout the plant, we shall not include them in the pipe fitters voting group. However, as they compose an iden- tifiable, craft group, the welders likewise may constitute a separate bargaining unit if they so desire.14 We shall exclude the instrument men fron7 both voting groups because it is evident that their interests are more closely aligned with those of the electricians in the produc- tion and maintenance voting group than with the pipe fitters or welders. Accordingly, we shall establish the pipe fitters and welders as sepa- rate voting groups. As the IAM and the Carpenters also desire to represent welders, we shall place their names, together with those of the Pipe Fitters, Joint Petitioners, and CIO, upon the ballot for the welder voting group. The Proposed IAM Unit The IAM requests a unit composed of machinists, millwrights, blacksmiths, auto mechanics, sheet metal workers, their helpers and leadmen, knife grinders, oilers, machinist welders, and toolroom 12 The welder leadman is also the boilermaker. is International Paper Company, Southern Kraft Division, 87 NLRB 49; Coosa River Newsprint Company, supra, and cases cited therein. 11 United States Rubber Company, 91 NLRB No 213, and cases there cited. INTERNATIONAL PAPER COMPANY 505 attendants. The Employer's 8 machinists are highly skilled crafts- men who use the customary precision and machine tools, and perform the traditional work, of their trade. They frequently are required to work to close tolerances of less than 4/1000 of an inch. These machinists are quartered in the machine shop, where they are under ,the direct supervision of the machine shop foreman. The 22 mill- wrights also are highly skilled craftsmen who, witli their approxi- mately 21 helpers, work throughout the plant, installing and repair- ing pumps, reduction gear units, and conveyor chains and belts. They are supervised by 3 millwright foremen. The sheet metal worker, auto mechanic, their helpers, the blacksmith, and the knifegrinder 15 are quartered in the machine shop with the machinists and are likewise supervised by the machine shop foreman. As indicated above, the Employer has no regularly assigned ma- chinist welders. Welders are assigned to the machine shop only when needed. The 13 oilers work throughout the plant, lubricating operating equipment and machinery. For administrative purposes, they are placed under the millwright foremen but during the greater portion of their working time they are directly supervised by the foremen in charge of the various operating shifts to which they are assigned. It appears that no previous experience is required of em- ployees in the oiler's classification. It is evident that the various categories of employees whom the IAM would join in a single unit are a heterogeneous group, having no com- mon supervision or place of work and performing generally unrelated work. We believe, therefore, that they lack a sufficient community of interest to warrant their placement in a single bargaining unit apart from all other employees in the plant 16 However, as the machinists and the other related classifications in the machine shop do perform a functionally distinct aspect of the plant maintenance work, and compose a traditional machine shop group of the type to which we have frequently granted separate representation '17 we believe that they may, if they so desire, constitute a separate bargaining unit, apart from all other employees. As it is also clear that the millwrights con- stitute a traditional craft group, we believe that they too may, if they so desire, constitute a separate bargaining unit 18 We shall therefore establish separate voting groups for the machine shop employees and the millwrights,19 and shall place on the ballot 15 It appears that the knifegrinder, a third class machinist, also performs the duties of a toolroom attendant. IB See Coosa River Newsprint Company, supra. 11 I bid is Ibid 18 As the oilers are an unskilled group not directly associated with either the machine shop employees or the millwrights, we shall exclude them from both of these voting groups, and shall include them in the production and maintenance voting group hereinafter described. 506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in each group the names of the IAM, Joint Petitioners, and the CIO. On the ballot in the millwrights' group, we shall also place 'the Car- penters, whose contention concerning the unit placement of the mill- wrights is discussed below. The Proposed Carpenters' Unit The Carpenters seeks a unit composed of millwrights, carpenters; welders serving millwrights, and their helpers. The six carpenters and their four helpers have their headquarters in the carpentry shop where they work under the carpentry foreman. They work through- out the plant, constructing wooden head boxes, stages,-platforms, and doing other carpentry work. Although it is clear that the carpenters possess the traditional skills of their craft and are entitled to separate' representation, if they so desire, we cannot accede to, the Carpenters' request that these ' employees should be placed in a single craft unit with the millwrights and the welders who work with millwrights. As in the Coosa River case 20 where the Board, in an analogous situation, declined to join carpenters and millwrights in a single craft unit, the groups here sought by the Carpenters are separately supervised, the carpenters working exclusively on wood, and the millwrights and welders working exclusively on metal machinery. In these circum-' stances, we believe that the carpenters may, if they so desire, con- stitute a separate unit apart from the millwrights, welders, and other employees. Accordingly, we shall establish a separate voting group for the carpenters. The Proposed Operating Engineers' Unit The Operating Engineers requests a unit composed only of crane operators and their helpers'21 or, in the alternative, a unit of crane operators, bulldozer operators, and truck drivers. The eight crane operators are assigned to the woodyard where, under the supervision of the woodyard superintendent, they operate locomotive and other type cranes used in moving wood. In several cases involving em- ployees performing duties similar to those of the crane operators in-, volved herein, the Board has held that such employees are not crafts- men.22 On the facts before 'us in this record, we perceive no persua- sive reason why we should depart from our determinations in those cases. Moreover, it does not appear that the crane operators form a functionally distinct departmental unit such as may, under established principles, be set apart as a single bargaining unit. Nor do we be- 20 Coosa River Newsprint Company, supra. a The Employer has no "crane operator helper" classification. - - ' 22 Coosa River Newsprint Company, supra ; Southern Paperboard Corporation, 80 NLRB 1458 , and cases cited therein. - , - - - - - 1 11 INTERNATIONAL PAPER COMPANY 507 lieve that the crane operators, bulldozer operators, and truck drivers are joined by a sufficient community of interest to warrant their in- clusion in a single unit apart from all other employees. Indeed, the two bulldozer operators, under the general labor foreman, are en- gaged in general grounds cleanup and maintenance work. Although the truck drivers form an identifiable group performing work that is functionally different from that of the other employees, such as we have frequently held may constitute a separate bargaining unit,23 the Operating Engineers has not in this case made a sufficient adminis- trative showing of interest to justify the direction of an election among these employees as a separate voting group. We shall therefore not direct a separate election among employees sought by the Operating Engineers. In view of the foregoing determinations, we shall direct separate elections among the employees of the Employer at its Natchez, Mis- sissippi, plant, in the voting groups set forth below, including in each group leadmen 24 and helpers, but excluding all supervisors as defined in the Act : (a) All production and maintenance employees, including plant clerical employees, the storeroom porter, the office porter,' instru- ment men, oilers, crane operators, and bulldozer operators, but ex- cluding office clerical employees, guards,26 and all employees included in voting groups (b), (c), (d), (e), and (f). (b) All pipe fitters. (c) All welders. (d) All machine shop employees. (e) All millwrights. (f) All carpenters. If a majority of the employees in voting group (b) vote for the Pipe Fitters; in voting group (c) for either the Pipe Fitters, IAM, or Carpenters; in voting group (d) for the IAM; in voting group (e) for the IAM or the Carpenters; or in voting group (f) for the Car- penters, they will be taken to have indicated their desire to constitute a separate bargaining unit. [Text of Direction of Elections omitted from publication in this volume.] 23 Coosa. Raver Newsprint Company, supra, and cases cited therein. 24 The record does not show that leadmen either responsibly direct other employees or possess any supervisory authority within the meaning of the Act. u As the office porter has duties similar to those of. the storeroom porter and other maintenance employees , we shall include him in the voting group . Southern Desk Company, 92 NLRB No. 137, and cases cited therein. 26 We find that the 16 watchmen are engaged in guarding and protecting the Employer's property , and in enforcing the Employer 's rules against employees and others, and are guards within the meaning of the Act . They are therefore excluded.