Aluminum Ore Co.

In the Matter of ALUMINUM ORE COMPANY and ALUMINUM WORKERS LOCAL. #22438; 'AFFILIATED' WITH • THE AMERICAN. FEDERATION OF LABOR Case No. R-2268.-Decided March 13, 1941 Jurisdiction : aluminum production industry. Investigation and Certification of Representatives : -existence of question : re- fusal to accord the union recognition untilrit'has been certified by the Board; election necessary. - Unit Appropriate for Collective Bargaining : production and maintenance em- ployees,- including analysts, order clerks,' and head janitor, but excluding supervisory and office employees, watchmen, meter helper, head oiler, brick- layeis and plumbers, and hourly paid plant, administrative employees other than the analysts and order clerks. McCorvey, McLeod, 'Turner eC Rogcrs,''by Mr: Gessner T. McCor- vey, of ,Mobile, Ala., for the Company. Messrs..J. L. Busby, of Birmingham, Ala., Walter F. Schaffer, of Mobile; Ala., and-F. R. Meyers, of Messena, N. Y., for Local,22438. Messrs. Yelverton Cowherd, ' of Birmingham, Ala., and N. A. Zonarich, of New Kensington, Pa., for the A. W. A. Mr. Sidney, L.^ Davis,, of counsel to the Board. DECISION AND fr l l . DIRECTION .OF .ELECTION STATEMENT. OF THE CASE On November 4,1940,' Aluminum Workers Local #22438, affiliated with the American Federation of Labor, "herein' called Local 22438, filed, with, the Regional Director-for the Fifteenth Region (New Orleans, Louisiana)- a., petition alleging that a, question affecting commerce had arisen concerning ,the, ,representation • of employees of Aluminum Ore Company, Mobile, Alabama, herein called the Com- pany, and requesting an investigation and certification of, represent atives „pursuant to Section 9 (c),, ,of the National Labor Relations Act„49 Stat: X449, herein called i the Act. • On December 27, 1940, ,the National Labor Relations Board, herein ,called the Board, acting pursuant to, Section 9 .(c) of the Act, and Article III, ,Section 3,, of National Labor Relations Board: Rules and Regulations Series 2, 30 N. L. R. B No. 43. 281,, 282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On January 6 and 8; 1941, respectively,- the Regional Director issued a notice of hearing and _a notice of postponement of hearing, copies of both of which were'duly served upon the Company, Local 22438, and International Union, Aluminum Workers of America, affiliated with the Congress of Industrial Organizations, herein called the A. W. A., a, labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on January 24, 1941, at Mobile, Alabama, before Warren Woods, the Trial Examiner duly designated by the Board. The Company, Local-22438, and the A. W. A. were represented by counsel and all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the beginning of the hearing, the Trial Examiner granted a motion of the A. W. A. for leave to intervene in these proceedings. During the 'course of the hearing the Trial Examiner made' several rulings on other mo- tions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prej- udicial errors were committed. The rulings are hereby affirmed. On February 11, 1941, upon, request of the A. W. A., and pursuant to notice duly served upon all the parties, a hearing for the purpose of oral argument was held before the -Board at Washington, D. C. The Company, Local 22438, and the A. W. A. appeared, presented oral argument, and otherwise participated in the hearing. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Aluminum Ore Company, a Delaware corporation and a' wholly owned subsidiary of the Aluminum Company of America, with- its principal executive offices 'at; East St. Louis, Illinois, and a plant at Mobile, Alabama, herein referred to as the Mobile plant, is engaged, in addition to other operations, in the business of processing natural bauxite into aluminum oxide. The principal raw materials used at the Mobile plant are bauxite, soda ash, and -lime. All the bauxite and soda ash which constitutes about 80 per cent of the raw materials used,'are purchased outside Alabama. More than' 90 per cent of the production of the Mobile plant- (aluminum oxide) is shipped outside Alabama. The Company admits that it is engaged in interstate commerce within the meaning of the Act. ALUMINUM ORE COMPANY 283• II. THE ORGANIZATIONS INVOLVED Aluminum Workers Local #22438 is a labor organization affili- ated with the American Federation of Labor, admitting to mem- bership production and maintenance employees of the Company at its Mobile plant. International Union, Aluminum Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership like employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about November 5, 1940, Local 22438 requested the Com- pany to recognize it as the statutory representative of the employees at the Mobile plant. The Company refused this request unless and until the Union had been certified as such representative by the Board. At the hearing there was introduced in evidence a report by the Regional Director showing that a substantial number of employees within the unit hereinafter found to be appropriate had designated Local 22438 and the A. W. A. as their respective, collective bargaining representatives. We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We - find that "the•' question concerning -representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has'a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. - V. THE APPROPRIATE UNIT In July 1940, the'Company embarked on an-expansion program designed to increase its production of aluminum by 50 per cent. - Outside contractors were engaged for construction of buildings and equipment. However, as to a portion of the work which was special- i The Regional Director reported that 150 names on cards authorizing Local 22438, and 124 names on cards authorizing the A. W. A , as respective collective bargaining representa- tives , appear on the Company 's pay roll for the last pay-roll period preceding December 7, 1940. Neither the report of the Regional Director nor the record discloses the total number of employees on such pay roll ' However , the January 20, 1941, pay roll , admitted as an exhibit at the hearing, lists approximately 350 employees in the appropriate unit. 284 DECISIONS OF NATIONAL iLABOR RELATIONS BOARD ized, the Company used. its own.employees,_to, construct and install such equipment. In this connection regular plant maintenance empl'oyee' were used 'and additional employees hired. ° Zo`cal'22438 -contend's that' the .production and maintenance em= ployees 'of the Company at its Mobile plant;'including analysts, order clerks, pile inspectors, meter helper, head oiler, head janitor, and employees engaged' in' 'new- construction, but excluding supervisory and office employees; 'ivatchmeri; nd'hourly'paid plant -administra- tive employees other than the analysts and order clerks, constitute an appropriate unit. The A. W. A., while agreeing with Local 22438 to the exclusions set forth above, would exclude- in addition the pile inspectors, meter helper, head oiler, head janitor, and employees engaged in new construction. The Company takes no position re- garding the unit except that it believes that the head janitor should be included, and bricklayers and plumbers who are engaged in new construction should be' excluded from the unit. ' Pile inspectors. Pile inspecting is a temporary job classification due to plan expansion and will be abolished when the expansion pro- gram is completed. The' pile inspectors were formerly ,engaged in regular plant maintenance work as helpers, and when the construe= tion work is over they, will be put back into their former. positions as helpers.' W.e find' that the pile inspectors, are regular maintenance employees temporarily engaged in construction's work and, under the circumstances, shall include them in the unit. Head oiler. He supervises five -oilers and may recommend dis- charges. Since he is a supervisory employee we shall, at the request of-:one of the labor organizations involved,, exclude him from the unit., - _11 : Meter.helper. He assists the meter foreman in taking charts out to different meters. There are three employees in the meter depart- ment which is not considered :a' part, of the production department but a part of the technical administrative, department: Since-the, meter helper is an administrative employee, we shall exclude him from the unit which, as' hereinafter noted; is limited to production and maintenance employees. -Head janitor. He`directs the work of five janitors and inspects their Work., However,' the`- Company does-not hold"him 'responsible for the work of the other-jainitors, but has placed him,in ,the position of a "lead man" 'due to his length' of service: Although he' works in the office and comes into contact at times with matters that might be confidential,' we' find'that he"is not a supervisory employee and, under the circumstances, shall include him in -the, unit. ' Employees engaged in new., construction. 'As'stated above, the, Company under its' expansion program,' uses, • regular plant main ALUMINUM ORE COMPANY` 285 tenance employees in construction- work, e. g., installation of new equipment. The Company also hired additional employees to meet the problem of expansion. With the exception of bricklayers and plumbers, none of the regular plant maintenance employees or addi- tional employees hired is engaged exclusively in construction work: At the hearing a company official testified that when the expansion program is completed, it does not contemplate that it will require, under its new production basis, the services of all the employees engaged in maintenance and construction work, and that it has there- fore designated as "temporary" employees certain employees whose services may not be required. These "temporary" employees have the least seniority in the respective job classifications of the mainte- nance and construction department. Some of the "temporary" em- ployees were employed by the Company prior to the commencement of the present expansion program. Local 22438 contends that all of the' above employees are regular maintenance employees and should be included in the unit regardless of the fact that they may at times engage in special construction' work; that since the Company is continually expanding, it may not necessarily dispense with the services of the "temporary" employees. The record shows that even if the services of the "temporary" em- ployees in their present job classifications were no longer required, these employees, with the exception of bricklayers and plumbers might, under the Company's seniority policy, apply for other pro- duction and maintenance positions and would in all probability be absorbed in production,and maintenance work. Thus, the employees; here under discussion, obtained a seniority status with the Company. The A. W. A. contends that it does not admit to membership employ- ees engaged' in new construction, including the "temporary" em- ployees, and that all such employees should be excluded from the appropriate unit. In support of its contention, the A. W. A. submits that it does not bargain for construction, workers, under a contract covering employees of other affiliated companies of the Company.2 With the exception of bricklayers and plumbers whom we shall exclude from the unit, we find that all employees classified as mainte- nance and construction employees are regular plant maintenance employees, some of whom are temporarily engaged part of their time in special construction work, and, under all the circumstances, should be included in the unit. We are also including the alleged "temporary" employees since their duties are the same as 'the regular 2 The A. W. A. contract referred to covered construction workers in accordance with the unit we found appropriate in Matter of Aluminum Company of America and Aluminum Employees Association, 9 N L. It. B. 944 . We stated therein, "the parties interpreted this unit to include all employees who are shown on the pay roll as construction employees ..., and all employees in the Miscellaneous Operation and Construction Division." 286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD maintenance employees and since there is a reasonable probability that they will be absorbed in production and maintenance work when the expansion program is completed. We find that the production and maintenance employees of the Company at its Mobile plant, including analysts, order clerks, and head janitor, but excluding supervisory and office employees, watch- men, meter helper, head oiler, bricklayers and plumbers, and hourly paid plant administrative employees other than the analysts and ,order clerks, constitute a unit appropriate for the purposes of col- lective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining, and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question' concerning representation which has arisen can best be resolved by an election by secret ballot. At the hearing the A. W. A. indicated that it desired that the August 1940 pay roll should be used to determine those eligible to vote. We see no reason, however, to depart from our usual practice, and we shall accordingly use as the date for determining the eligibility of em- ployees to vote, the pay-roll period next preceding the date of the Direction of Election, subject to such limitations and additions as are set forth in the Direction. Upon the basis of the above findings of fact, and upon the entire record in the case, the Board makes the following : CONOLusIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees at the Mobile plant of Aluminum Ore Com- pany, Mobile, Alabama, within the meaning of Section 9 (c) and Section 2 (6) and '(7) of the National Labor Relations Act. 2. The production and maintenance employees of the Company at its Mobile plant, including analysts, order clerks, and head jani- tor, but excluding supervisory and office employees, watchmen, meter helper, head oiler, bricklayers and plumbers, and hourly paid plant administrative employees other than the analysts and order clerks, constitute -a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- ALUMINUM ORE -COMPANY 287 tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby _ Drxncmn that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Aluminum Ore Company, Mobile, Alabama, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fifteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section' 9, of said Rules and Regu- lations, among the production and maintenance employees of the Company at its Mobile plant who were employed during the pay-roll period next preceding the date of this Direction, including the ana- lysts, order clerks, head janitor, and employees who did not work during such pay-roll period because they were ill or on, vacation or absent because called for military service, and those who were then or have since been temporarily laid off, but excluding employees who have since quit or been discharged for cause, and also excluding supervisory and office employees, watchmen, meter helper, head oiler, bricklayers and plumbers, and hourly paid plant administrative em- ployees other than the analysts and order clerks, to determine whether they desire to be represented' by Aluminum Workers Local #22438, affiliated with the American 'Federation of Labor, or by International Union, Aluminum Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collec- tive bargaining, or by neither.