Aluminum Co. of America

In the Matter of ALUMINUM COMPANY OF AMERICA and INTERNA- TIONAt UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, ALCOA UNIT No. 808, C. I. O. Case No. B-2443.-Decided April 19, 1941 Jurisdiction : aluminum products manufacturing industry. Investigation and Certification of Representatives : existence of question: re- 'l:usal to accord recognition to any organization until certified by the Board; elections necessary. Units Appropriate for Collective Bargaining : industrial or several craft units : determining factor desires of employees ; determination of, dependent upon elections. Latham c Watkins, by Mr. Paul R. Watkins, of Los Angeles, Calif., for the Company. Gallagher, Wirin d Johnson, by Mr. Grover Johnson, of Los Angeles, Calif., for the U. A. W. Mr. 'William F. Jebe, of Los Angeles, Calif., for the Pattern Makers. Mr.' Robert Black and Mr. E. A. Bird, of Los Angeles, Calif., for the Molders. - Mr. J. G. Meiners of Euclid, Ohio, for the Die Sinkers. Mr. James G. Russell, of Los Angeles, Calif., for the I. A. M. Mr. Raymond J. Compton, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On January 28, 1941, International Union, United Automobile Workers of America, Alcoa Unit No. 808, C. I. 0., herein called the U. A' W.,1 filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition, and on March 17, 1941, an amended petition, alleging that a question affecting com- merce had arisen concerning the representation of employees of Aluminum Company of America, Los Angeles, California, herein 'At the hearing the petitions were amended correctly to designate the U. A. W. as set - forth above. 31 N. L. R. B., No. 18. 90 ALUMINUM COMPANY OF AMERICA 91 called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 24, 1941, 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, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 24, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the U. A. W., and upon Pattern Makers Asso- ciation of Los Angeles and vicinity, herein called the Pattern Makers, upon International Molders and Foundry Workers Union of North America, Local 374, herein called the Molders, and upon Interna- tional Die Sinkers Conference, Los Angeles Local 220, herein called the Die Sinkers, labor organizations claiming to represent employees directly affected by the investigation. - Pursuant to notice, a hearing was held on April 1, 1941, at Los Angeles, California, before William R. Walsh, the Trial Examiner duly designated by the Chief Trial Examiner. During the hearing, the I. A. M. moved to intervene in the proceeding and requested that it be named on any ballot submitted to employees of the Company in connection with this investigation. The Trial Examiner reserved ruling on the motion for the Board. The motion is hereby granted. The Company and the U. A. W. were represented by counsel and the Pattern Makers, the Molders, the Die Sinkers, and the I. A. M. by their representatives. All parties 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. During the course of the hearing, the Trial Examiner made rulings on various motions and on objections to the admission of evidence."' The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors -were committed. The rulings are` hereby- affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS or FACT 1. THE BUSINESS OF THE COMPANY Aluminum Company of America, a Pennsylvania corporation, has its principal office and place of business at Pittsburgh, Pennsylvania, and is engaged in the mining,, reduction, refining, manufacturing, and fabricating of aluminum . It owns and operates 13 plants throughout the United States. The present proceeding involves 92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD only the plant of the Company at Los Angeles, California, which is •engaged in the manufacture of aluminum and aluminum alloy cast- ings, forgings, and fabricated products., Substantially all the metal used in the manufacturing processes, consisting of aluminum, alumi- num alloys, pig, ingot, rod and bar forms, is shipped from points outside the State of California. A substantial' portion of the fin- ished products are shipped to States other than California. The Company employs approximately 1,600 production and maintenance employees at its Los Angeles plant. The Company admits that it is subject to the jurisdiction of the Board. II. THE ORGANIZATIONS INVOLVED International Union, United Automobile Workers of America, Alcoa Unit-No. 808, is a labor organization affiliated with the Con- gress of Industrial Organizations, admitting to its membership em- ployees at the Los Angeles plant of the Company. International Association of Machinists, Lodge No. 311, is a labor organization affiliated with the American Federation of Labor, ad- mitting to its membership employees at the Los Angeles plant of the Company. International Die Sinkers Conference, -Los Angeles Local 220 is an unaffiliated labor organization, admitting to its membership em- ployees at-the Los Angeles plant of the Company. Pattern Makers Association of Los Angeles and Vicinity is a labor organization affiliated with the American Federation of Labor, admitting ,to its membership employees at the Los Angeles plant of the Company. International Molders and Foundry Workers Union of North America, Local 374, is a labor organization affiliated with the Amer- ican Federation of Labor, admitting to its membership employees at the Los Angeles plant of the Company. III. THE QUESTION CONCERNING REPRESENTATION The U. A. W. commenced organizing the employees of the Com- pany in the latter part of December 1940, and on or about March 15, 1941, requested that the Company recognize it as the exclusive bargaining representative of its production and maintenance em- ployees. The Company refused to accord such recognition, stating that because of the various labor organizationsi having membership among its employees it would not recognize any particular group until certified by the Board. At the hearing there was introduced in evidence a• statement by the Regional Director showing that the U. A: W., the Pattern ALUMINUM COMPANY OF AMERICA 93 Makers, the Die Sinkers, and the Molders, represent a' substantial number of employees within the respective units each claims to be appropriate.2 From a statement made by the Trial Examiner at the hearing, following his examinatioli of membership application cards and records submitted by the I. A. M., it appears that the I. A. M. also represents a substantial number of employees within the unit it contends is appropriate.3 - 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 commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The U. A. W. contends that all production and maintenance em- ployees, including inspectors, shipping clerks, and timekeepel's, and excluding office workers, guards, time-cost employees; temporary con- struction workers, and supervisory employees having authority to hire and discharge or to recommend hiring and discharge, such as superintendents, foremen, and subforemen, constitute a unit appro- z The statement showed that the U. A W. had submitted to the Regional Director 768 membership application cards , of which 83 were signed between January and December 1940, 345 in January, 186 in February, and 9 in March 1941 ; 145 were undated. All ap- peared to bear genuine signatures Of the foregoing employees , 699 are listed on the Com- pany's pay roll of March 8 , 1941 . At the hearing the U. A. W. submitted additional membership cards in support of its claim that it now represents approximately 900 em- ployees There are approximately f,400 employees in the unit claimed to be appropriate. The Pattern Makers submitted an authorization petition signed by 40 employees, 36 of whom are listed on the Company 's pay roll of March 8 , 1941 All signatures appeared to be genuine. There are approximately 45 employees in the unit claimed to be appropriate. The Die Sinkers submitted an authorization petition signed by 101 employees , 96 of whom are listed on the Company 's pay roll of March 8, 1941 . At the hearing the Die Sinkers stated that the foregoing petition was erroneously signed by employees in the forging plant who had expressed a desire that the Die Sinkers represent them. Since the forging plant employees are not eligible to its membership, however, the Die Sinkers makes no claim to represent them. The Die Sinkers thereafter submitted a list of 28 employees in the die sinking department who are members of that organization and who comprise the unit which it claims to be appropriate . The Molders submitted an authorization petition signed by 17 employees , 16 of whom are listed on the pay roll of March 8, 1941. All signatures appeared to be genuine At the hearing the Molders submitted additional membership cards in sup- port of its claim that it now represents approximately 60 employees . There are over 500 employees in the unit which the Molders claims to be appropriate ' The I. A. M submitted to the Trial Examiner nine membership application cards signed between January and March 1941 , and four names taken from its membership records as of June 1940 . There are approximately 50 employees in the unit which the I. A. M. claims to be appropriate. 94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD _priate for the purposes of collective bargaining. The Company and the Molders likewise contend that an industrial unit is appropriate. However, the Company would include subforemen, and the Molders desire to include working subforemen and lead men and to exclude pattern makers, die sinkers, and maintenance mechanics and machin- ists. The Pattern Makers claims that all wood, metal, tamistone plaster and tamistone pattern makers constitute a separate unit appropriate for collective bargaining purposes. The Die Sinkers contends that the die sinking employees should be considered a sepa- rate bargaining unit. The I. A. M. maintains that all maintenance 'mechanics and" machinists, including journeyman machinists, en- gaged in setting and repairing machines, motors, and appurtenances, thereto, operating boring machines, engine lathes, turret lathes, grinders, and welding in connection with machine work, constitute an appropriate unit. The die sinkers are a separate and highly skilled craft which requires the serving of an 8 to 10 year apprenticeship. Evidence was introduced showing that the die sinkers work solely on drop forge dies and that they comprise a- department separate and apart from the other, production divisions in the plant,4 The pattern makers and the machinists, respectively, also form definite and rec- ognized crafts, and like the die sinkers, constitute separate operat- ing departments. On the other hand, evidence was introduced to show the integrated character of the Company's operations and the appropriateness of an industrial unit including 'the die sinkers, the pattern makers, and the machinists. Under these circumstances -we are of the opinion that the pattern makers, the die sinkers, and the machinists, respectively, might properly constitute separate bargain- ing units, or they might function as part of a single industrial unit. In this situation' we find that the determining factor should be the desires of the employees in these groups themselves.5 There remains for determination the conflict between the U. A. W. and the Molders with respect to the inclusion of subforemen. As stated above, the Molders would include working subforemen, whereas the U.-A. W. would exclude them. While it appears that subforemen use the tools of their trade when training new employees, they do so only to a limited extent. Moreover, they ^ have authority 4 While the Company has not accorded the Die Sinkers formal recognition as the collec- tive bargaining representative of the employees in the die sinking department, the superin- tendent of the forge plant and the die sinking department has met with the shop committee of the Die Sinkers on numerous occasions for the purpose of discussing grievances , wages, hours , and other working conditions . It appears that as a result of these discussions the employees in the die sinking department obtained certain wage increases together with other beneficial changes in the conditions of their employment. 5 Matter of Globe Machine and Stamping Co. and Metal Polishers Union Local No. 3; International Association of Machinists, District No 54; Federal Labor Union 18788, and United Automobile Workers of America, 3 N. L. R. B 294, and subsequent cases. ALUMINUM COMPANY OF AMERICA 95 to make recommendations to their foremen with respect to the dis- charge of employees under their supervision. In view of the fore- going, we shall exclude subforemen from the bargaining unit.6 The Molders also would include working lead men. The U. A. W. stated that it desired the inclusion of one unidentified lead man in the trim department, but did not make its position clear with respect to lead men generally. Since there is no showing that lead men have authority to recommend hiring or-discharge or perform the same duties as subforemen, we shall include them within the unit. We shall, therefore, order elections among the employees of the Company at its Los Angeles plant within the groups described below (a) All wood, metal, tamistone plaster and tamistone pattern makers, to determine whether they desire to be represented by the Pattern Makers or the U. A. W. for the purposes of collective bar- gaining, or by neither. , (b) All die sinkers and apprentices to determine whether they desire to be represented by the Die Sinkers or the U. A. W. for the purposes of collective bargaining, or by neither. (c) All maintenance mechanics and machinists, including journey- man machinists, engaged in setting and repairing machines, motors, and appurtenances thereto, operating boring machines, engine lathes, turret lathes, grinders, and welding in connection with machine work, to determine whether they desire to be represented by the I. A. M. or the U. A. W. for the purposes of collective bargaining, or by neither. (d) All the remaining production and maintenance employees, in- cluding inspectors, shipping clerks, timekeepers, and lead men, but excluding office workers, guards, time-cost employees, temporary con- struction workers, and supervisory employees having authority to hire and discharge or to recommend hiring and discharge, such as super- intendents, foremen, and subforemen, to determine whether they desire to be represented by the U.-A. W. or the Molders for the purposes of collective bargaining, or by neither. As stated above, there will be no final determination of the appro- priate unit or units pending the results of the elections. Such of the groups as do not choose the U. A. W. will constitute separate and distinct appropriate units, and such as do choose the U. A. W. will together constitute a single appropriate unit. VI. THE DETERMINATION OF REPRESENTATIVES The U. A. W. requested that the pay roll for the period 30 days prior to the date of the election be used to determine eligibility to ,vote. We do not believe that the positon taken by the U. A. W. should 6 See Matte) of Todd-Johnson Dry Docks, Inc. and Industrial Union of Marine and Ship- building 117wkers of Arnc,ica, Local No 29, 18 N L R B 973, and subsequent cases. 96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cause us to depart from our usual practice of using a. current pay-roll date. Accordingly, we shall direct that the employees of the Com- pany eligible to vote in the elections shall be those within the alleged appropriate units who were employed during the pay-roll period im- mediately preceding the date of the Direction of Elections herein, 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: CONCLUSION OF LAW A question affecting commerce has arisen concerning the repre- sentation of employees of Aluminum Company of America, Los Angeles, California, within the meaning of Section 9 (c) and Sec- tion 2 (6) and (7) of the National Labor Relations Act. DIRECTION OF ELECTIONS By virtue of and pursuant 'to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III,.Section 8, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECID that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Aluminum Company of America, Los Angeles, California, elec- tions 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 Twenty- first Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said-Rules and Regulations, among those employees who fall within the groups indi- cated belo«„ who were eniployed'by the Company at its Los Angeles plant during the pay-roll period immediately preceding the date of this Direction of Elections, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or tem- porarily laid off, and excluding employees who have since quit or been discharged for cause : (a) All wood, metal, tamistone plaster and tamistone pattern makers, to determine whether they desire to be represented by Pattern Makers Association of Los Angeles and Vicinity or by International Union, United Automobile Workers of America, Alcoa Unit No. 808, C. I. O., for the purposes of collective bargaining, or by neither; ALUMINUM COMPANY OF AMERICA 97 (b) All die sinkers and apprentices to determine whether they de- sire to be represented by International Die Sinkers Conference, Los Angeles Local 220, or by International Union, United Automobile Workers of America, Alcoa Unit No. 808, C. I. 0., for the purposes of collective bargaining, or by neither ; (c) All maintenance mechanics and machinists, including journey- man machinists, engaged in setting and repairing machines, motors, and appurtenances thereto, operating boring machines, engine lathes, turret lathes, grinders, and welding in connection with machine work, to determine whether they desire to be represented by International Association of Machinists, Lodge No. 311, or by International Union, United Automobile Workers of America, Alcoa Unit No. 808, C. I. 0., for the purposes of collective bargaining, or by neither; (d) All the remaining production and maintenance employees, in- cluding inspectors, shipping clerks, timekeepers, and lead men, and excluding office workers, guards, time ,cost employees, temporary con- struction workers, and supervisory employees having authority to hire and discharge or to recommend hiring and discharge, such as super- intendents, foremen, and subforemen, to determine whether they desire to be represented by International Union, United Automobile Work- ers of America, Alcoa Unit No. 808, C. I. 0., or by International Molders and Foundry Workers Union of North America, Local 374, for the purposes of collective bargaining, or by neither. MR. EDWIN S. SMITH, concurring in part and dissenting in part: Since there is a substantial history of'collective bargaining between the Die Sinkers and the Company on behalf of the employees in the die sinking department, I.agree that these employees should be af- forded an opportunity to express themselves on the question of whether they will constitute a separate unit or be included within the broader industrial unit. I see no justification, however, for granting employees in the units urged by the Pattern Makers and the I. A. M. the privilege of splitting themselves off from the industrial unit. There is a complete absence of any bargaining history between the Pattern Makers or the I. A. M. and the Company on behalf of,these employees. Moreover, I think the reasons expressed in my dissenting opinions in the Allis-Chalmers 7 and subsequent cases are here applicable. _ Since I would not consider the unit claims of the Molders, I would include subforemen in the industrial unit at the request of the U. A. W. 7 Hatter of Allis-Chalmers Manufacturing Company and International Union, United Automobile Workers of Amettca, Local 248, 4 N L R. B. 159, 175. 98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD [SAME TITLE] AMENDMENT TO DIRECTION OF ELECTIONS April 28, 1941 ' On April 19, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding. Thereafter International Union, United Automobile Workers of America, Alcoa Unit No. 808, C. I. 0., advised the Regional Director that it desired to have its name with- drawn from the ballot in the election to be conducted among the die sinkers and apprentices. The Board hereby amends its Direc- tion of Elections issued on April 19, 1941, by striking from' Section (b) thereof the words "or by International Union, United Automo- bile Workers of America, Alcoa Unit No. 808, C. I. 0." and the words "or by neither," and by inserting after the word "whether" in Section (b) the words "or noL." 31 N. L. R. B., No. 18a.