Union Aluminum Co., Inc.

324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD UNION ALUMINUM COMPANY, INC., AND/OR SOUTHERN METALS COMPANY, INC. 1 and SHOPMEN'S LOCAL UNION NO. 637 OF THE INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNA- MENTAL IRON WORKERS, AFL, PETITIONER UNION ALUMINUM COMPANY, INC., AND/OR SOUTHERN METALS COMPANY, INC. and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE No. 1189, A. F. OF L., PETITIONER UNION ALUMINUM COMPANY, INC., AND/OR SOUTHERN METALS COMPANY, INC. and INTERNATIONAL ASSOCIATION OF MACHINISTS, A. F. OF L., PETITIONER. Cases NOS. 1O-RC-1998, 10-RC-2006, and 10-RC-2007. November 14, 1952 Decision and Direction of Elections Upon separate petitions duly filed tinder Section 9 (c) of the Na- tional Labor Relations Act, a consolidated hearing was held before Paul L. Harper, 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 these cases to a three- member panel [Chairman Herzog and Members Murdock and Peterson]. Upon the entire record in these cases, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act., 2. The labor organizations involved claim to represent certain em- ployees of the Employer.3 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 Case No. 10-RC-1998, the Petitioner, herein called the Shopmen, requests a unit of all production and maintenance employees at the Employer's Sheffield, Alabama, plants, excluding office and clerical employees, office janitors, draftsmen, watchmen, guards, professional employees, and supervisors as defined in the Act. The Petitioner in The name of the Employer in all three cases appears as amended at the hearing. ' Union Aluminum Company, Inc., and Southern Metals Company, Inc., concede, and we find , that they constitute a single employer for the purposes of this proceeding. ' Aluminum Workers Local Union No 22724, affiliated with International Council of Aluminum Workers, A. F of L., hereinafter referred to as the Aluminum Workers, was permitted to intervene at the hearing on the basis of a sufficient showing of interest. Local No. 109 of the United Brotherhood of Carpenters and Joiners of America, A. F. of L., was notified of these proceedings but did not appear. 101 NLRB No. 73. UNION ALUMINUM COMPANY, INC. 325 Case No. 10-RC-2006, herein called IAM Lodge No. 1189, seeks a unit of all machinists and machinist apprentices at these plants, ex- cluding all other employees.' The Petitioner in Case No. 10-RC-2007, herein called IAM International, and the Intervenor, Aluminum Workers, request a unit of all remaining production and mainte- nance employees, including carpenters and maintenance mechanics, but excluding all office clerical, technical, and professional employees, machinists, machinist apprentices, guards, watchmen, and supervisory employees as defined in the Act. The Employer takes no position re- garding the appropriateness of any unit, although it is in disagreement with the Petitioners and the Intervenor with respect to the inclusion of certain employees in the production and maintenance unit. The Employer operates two plants in Sheffield, Alabama. At the window plant, which is operated by Union Aluminum Company, Inc., it fabricates aluminum window frames and sashes. At the Southern Metals, Inc., plant, also called the extrusion plant, it is engaged in the extrusion of aluminum for the use of the window plant. Both plants are supervised by the same general foreman, are located adjacent to each other, interchange employees and equipment, and use one check- ing account for the payment of wages. There are approximately 82 employees in both plants, of whom 8 are journeymen machinists and 1 a machinist apprentice. Five ma- chinists and the machinist apprentice are employed in the window plant and 3 are employed in the extrusion plant. The machinists in both plants work in separate areas from the production workers, utilizing such power tools as lathes, drill presses, shapers, saws, sur- face grinders, and similar machine tools. They are under the super- vision of the general foreman while the production workers are under the immediate supervision of departmental foremen. There is no interchange of employees between the machinist and production de- partments. All employees are paid on an hourly rate basis and enjoy the same vacation and group insurance benefits. In view of the foregoing, we find that the machinists and the ma- chinist apprentice at both of the Employer's plants comprise an identi- fiable, homogeneous craft group, exercising the usual skills of their craft. Accordingly, we find that these employees may, if they so desire, constitute a separate appropriate unit; however, they may also be included in the over-all production and maintenance unit, which the Board customarily finds appropriate. The parties are in dispute with respect to the inclusion of certain employees in the production and maintenance unit. The Employer would include, and the Shopmen, the IAM International, and the a If the Board finds the machinist unit to be appropriate , the Shopmen requests that its name be placed on that ballot. 326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Aluminum Workers, would exclude, the shipping clerk, the produc- tion clerk, and the janitor. The shipping clerk performs duties related to the receipt and ship- ment of materials and finished products. Eighty percent of his time is spent in performing clerical duties in an office in the production area separate from the general office. The remainder of his time is spent in handling and checking merchandise to be shipped. The jani- tor's duties are confined to cleaning both the office and plant. As the work and interests of the shipping clerk and the janitor are closely allied with those of production and maintenance employees, we shall include them. The production clerk is the former general foreman of the twa plants. Under the personal supervision of the plant president, he works in an office separate from the production workers and adjacent to the machine shop. His duties include making rough drafts, plans, and designs for new sample windows, in accordance with which he fabricates the pilot windows. He has the authority to direct produc- tion workers to leave their regular jobs to assist him in this work. He is paid a higher hourly rate than the production employees. We find that the production clerk does not possess a sufficient community of interest with production and maintenance employees to warrant his inclusion in a unit with them. We shall make no present determination as to the scope of the unit or units, but shall first ascertain the desires of the employees as ex- pressed in the elections herein directed. We shall direct separate elections by secret ballot among the following groups of employees at the Employer's Sheffield, Alabama, plants, excluding from each voting group office clerical, technical, and professional employees, watchmen; guards, assistant foremen, and all other supervisory em- ployees, as defined in the Act : Group (1) All machinists and machinist apprentices, exclud- ing all other employees. Group (2) All production and maintenance employees, includ- ing leadmen, helpers, the shipping clerk, and janitor, but exclud- ing machinists, machinist apprentices, and the production clerk. If a majority in both voting groups select the Shopmen they will be taken to have indicated their desire to constitute a single appropriate unit, and the Regional Director conducting the elections directed herein is instructed to issue a certification of representatives to the Shopmen for such unit, which the Board, under such circumstances, finds to be appropriate for purposes of collective bargaining. If, however, a majority in both voting groups select different bargaining representatives they will be taken to have indicated their desire to constitute separate appropriate units, and the Regional Director is COTTMAN BUILDERS SUPPLY CO., INC. 327 instructed to issue a certification of representatives to such labor or- ganization or organizations for such unit or units, which the Board, under the circumstances, finds to be appropriate for the purposes of collective bargaining. [Text of Direction of Elections omitted from publication in this volume.] COTTMAN BUILDERS SUPPLY CO., INC. and JOSEPH KERESTY, JR. GENERAL TEAMSTERS, CHAUFFEURS, HELPERS AND YARDMEN LOCAL UNION No. 470 AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS , WAREHOUSEMEN AND HELPERS OF AMERICA, AFL and JOSEPH KERESTY, JR. Cases Nos.. -CA-549 and 4-CB- 103. November 18,1952 Decision and Order On March 31, 1952, Trial Examiner Louis Plost issued his Inter- mediate Report in the above-entitled proceeding, finding that Respondents had engaged in and were engaging in certain unfair labor practices, and recommending that they cease and desist there- from and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the General Counsel filed exceptions to the Intermediate Report and a supporting brief, and the Respondent Union filed a brief in reply to the General -Counsel's exceptions and brief. No exceptions were filed by the Company. The Board 1 has reviewed the rulings made by the Trial Examiner and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in the case and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner. Order Upon the entire record in the cases and pursuant to Section 10 (c) -of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that: 1. Respondent Company, Cottman Builders Supply Co., Inc., Philadelphia, Pennsylvania, its officers, agents, successors, and assigns, .shall : 1 Pursuant to the provisions of Section 3 (b) of the Act , as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Styles and Peterson]. 101 NLRB No. 96.