Aluminum Co. of America

National Labor Relations Board - Board Decisions

May 31, 1941

32 N.L.R.B. 235 (N.L.R.B. 1941)

In the Matter of ALUMINUM COMPANY OF AMERICA and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, ALCOA
UNIT No. 808, C. I. O.
_ Case No. R-0443
Investigation and Certification of Representatives : run-off election directed.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
2 May 31, 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 proceedings,' and on April 28, 1941, an Amendment to
Direction of Elections,2 directing, inter.alia, that an election by secret
ballot be conducted among all maintenance, mechanics and machinists,
including journeyman machinists, engaged in setting and repairing
machines, motors, and appurtenances thereto, operating boring ma-
chines, engine lathes, turret lathes, grinders, and welding in con-
nection with machine work, employed by Aluminum Company of
America, Los Angeles, California, herein called the Company, to
determine whether they desire to be represented for the purposes of
collective bargaining by International Association of Machinists,
Lodge No. 311, herein called the I. A. M., or by International Union,
United Automobile Workers of America, Alcoa Unit No. 808, C. I.' O.,
herein called the U. A. W., or by neither.
Pursuant to the Decision and Direction of Elections, an election by
secret ballot was conducted among such employees on April 30,
1941, under the direction and supervision of the Regional Director
for the Twenty-first Region (Los Angeles, California). On May 1,
1941, the Regional Director, acting pursuant to Article III, Section 9,
of National Labor Relations Board Rules and Regulations-Series 2,
131 N L. R B 90.
2 31 N. L. R B 98.
32 N. L. R. B., No. 47.
235
236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as amended, prepared and duly served on the parties an Election
Report, setting forth, inter alia, the following results of the aforesaid
election :
Total on eligibility list-------------------------------------- 87
Total ballots cast------------------------------------------- 78
Total ballots challenged------------------------------------ 0
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- 0
Total ballots not counted------------------------------------ 0
Total ballots counted --------------------------------------- 78
Total votes for International Association of Machinists, Lodge
No. 311-------------------------------------------------- 29
Total votes for International Union, United Automobile
Workers of America, Alcoa Unit No. 808, CIO-------------- 13
Total votes for Neither-------------------------------------- 36
Thereafter the U. A. W. and the I. A. M. requested a run-off
election. No objections to the conduct of the ballot or the Election
Report were filed by any of the parties. Although neither of the
competing labor organizations received a majority of the votes cast,
the results of the election show that a majority of the employees in
question desire to bargain collectively with the Company. Accord-
ingly, we shall direct a run-off election, in which such employees will
be given an opportunity to decide whether they desire to be repre-
sented by the U. A. W. or by the I. A. M. for the purposes of
collective bargaining.
SECOND 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
Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to determine the appropriate units and to ascertain representatives
for the purposes of collective bargaining with Aluminum Company
of America, Los Angeles, California, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the date of this Supplemental Decision and Second Direction
of Election, 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 all maintenance me-
ALUMINUM COMPANY OP AMERICA 237
chanics and machinists described in the. Direction of Elections issued
April 19, 1941, but excluding those who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented 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.
MR. WILLIAM M. LEIsERsoN, dissenting :'
For the reasons stated in my dissenting opinion in Matter of Coos
Bay Lumber Company,3 I would not direct a run-off election.
LSAME TITLE]
SECOND SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
June 17, 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 proceedings ,' and on April 28, 1941 , an Amendment to
Direction of Elections .' In its Decision and Direction of Elections,
as amended , the Board stated that a determination of the appropriate
unit or units would depend in part upon the results of the elections
held ( 1) among the wood, metal , tamistone plaster, and tamistone
pattern makers employed by the Company to determine whether they
desired to be represented by Pattern Makers Association of Los
Angeles and Vicinity, herein called the Pattern Makers, or by Inter-
national Union, United Automobile Workers of America, Alcoa Unit
No. 808, C. I. 0., herein called the U. A. W., or by neither; (2)
among the die sinkers and apprentices employed by the Company to
determine whether or not they desired to be represented by Inter-
national Die Sinkers Conference , Los Angeles Local 220, herein called
the Die Sinkers; ( 3) among maintenance mechanics and machinists
to determine whether they desire to be represented by International
Associations of Machinists , Lodge No. 311 , herein called the I. A. M.,
or by the U. A. W., or by neither; and (4) among remaining pro-
s Matter of Coos Bay Lumber Company and Lumber & Sawmill Workers Union, Local
No. 2573, 16 N. L. R. B. 476.
131 N L R B 90
231 N L R B 98.
238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duction and maintenance employees to determine whether they de-
sire to be represented by the U. A. W. or. by International Molders
and Foundry Workers Union of North America, Local 374, herein
called the Molders, or by neither. In the Decision and Direction of
Elections, the Board stated :
There will be no final determination of the appropriate 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 dis-
tinct appropriate units and such as do choose the U. A. , W. will
constitute a single appropriate unit.
Pursuant to the Direction of Elections, as amended, elections were
conducted on April 30, 1941, under the direction and supervision of
the Regional Director for the Twenty-first Region (Los Angeles,
California). On May 1, 1941, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, prepared and 'duly served on
the parties an Election Report setting forth the following results of
the aforesaid elections.
Pattern Makers
Total on eligibility list------------------------------------ 33
Total ballots cast----------------------------------------- 31
Total ballotschallenged ----------------------------------- 0
Total blank ballots--------------------------------------- 0
Total void ballots---------------------------------------- 0
Total ballots not counted---------------------------------- 0
Total ballots counted ------------------------------ 31
Total votes for Pattern Makers Association of Los Angeles
and Vicinity-------------------------------------------- 27
Total votes for International Union, United Automobile
Workers of America, Alcoa Unit No. 808, C. I. 0---------- 4
Total votes for neither------------------------------------ 0
Die Sinkers
Total on eligibility list------------------------------------ 26-
Total ballots cast----------------------------------------- 24
Total ballots challenged----------------------------------- 2
Total blank ballots--------------------------------------- 0
Total void ballots---------------------------------------- 0
Total ballots not counted---------------------------------- 2
Total ballots counted------------------------------------- 22
Total votes for International Die Sinkers Conference, Los
Angeles Local 220-------------------------------------- 19
Total votes against International Die Sinkers Conference,
Los Angeles Local 220---------------------------------- 3
ALUMINUM COMPANY OF AMERICA 239
Maintenance Mechanics and Machinists
Total on eligibility list------------------------------------ 87
Total ballots cast----------------------------------------- 78
Total ballots challenged---------------------------------- 0
Total blank ballots--------------------------------------- 0
Total void ballots---------------------------------------- 0
Total ballots not counted---------------------------------- 0
Total ballots counted------------------------------------- 78
Total votes for International Association of Machinists,
Lodge No. 311------------------------------------------ 29
Total votes for International Union, United Automobile
Workers of America, Alcoa Unit No 808, C'. I. 0--------- 13
Total votes for neither------------------------------------ 36
Remaining Production and Maintenance Employees
Total on eligibility list----------------------- -- -- -------- ------- 1,543
Total ballots cast ---------------------------------------- 1,388
Total ballots challenged___________________________________ 13
Total blank ballots--------------------------------------- 1
Total void ballots---------------------------------------- 3
Total ballots not counted---------------------------------- 17
Total ballots counted------------------------------------- 1,371
Total votes for International Molders and Foundry Workers
Union of North America, Local 374______________________ 213
Total votes for International Union, United Automobile
Workers of America, Alcoa Unit No. 808, C. I. 0---------- 897
Total votes for neither------------------------------------ 261
No objections to the conduct of the ballots or the Election Report
were filed by any of the parties. Thereafter, however, the U. A. W.
and the I. A. M. requested a run-off election among the maintenance
mechanics and machinists. On May 31, 1941, the Board issued a
Supplemental Decision and Second Direction of Elections 3 in which
the Board directed such run-off election.
The results of the elections show (1) that the Pattern Makers has
been selected as bargaining agent by the majority of the pattern
makers voting therein; (2) that the Die Sinkers has been selected as
bargaining agent by the majority of the die sinkers and apprentices
voting therein; and (3) that the U. A. W. has been selected as,bar-
gaining agent by the majority of the remaining production and main-
tenance employees voting therein, other than the , maintenance
mechanics and machinists. We believe that certifications of the
bargaining representatives chosen by the employees in these elections
should not await a determination of the question raised by the main-
tenance mechanics and machinists. We shall therefore now enter
certifications applicable to employees other than the Company's
3 32 N . L R. B. 235
240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
maintenance mechanics and machinists. The certification of the
U. A. W. will not, of course, preclude the possibility that the
U; A. W. may be certified as the bargaining agent for a larger unit
following our determination regarding the maintenance mechanics
and machinists.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
1. We find that the wood, metal, tamistone plaster, and tamistone
pattern makers employed by the Company constitute a unit appro-
priate for the purposes of collective 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.
2. We find that the die sinkers and apprentices employed by the
Company constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to collec-
tive bargaining, and otherwise effectuate the policies of the Act.
3. We find that the remaining production and maintenance em-
ployees of the Company, -including inspectors, shipping clerks, time-
keepers, and lead men, but excluding office workers, guards, time-cost
employees, temporary construction workers, and supervisory em-
ployees having authority to hire and discharge or to recommend hir-
ing and discharge, such as superintendents, foremen, and subforemen,
and also excluding all maintenance mechanics, machinists, and jour-
neymen machinists, engaged in setting and repairing machines,
motors, and appurtenances thereto, operating boring machines, engine
lathes, turret lathes, grinders, and welding in connection with ma-
chine work, constitute a unit appropriate for the purposes of collec-
tive 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.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
SUPPLEMENTAL CONCLUSIONS OF LAW
1. The wood, metal, tamistone plaster, and tamistone pattern
makers employed by the Company constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act.
2. The die sinkers and apprentices employed by the Company con-
stitute a unit appropriate for the purposes of collective bargaining
ALUMINUM COMPANY OF AMERICA 241
within'the meaning of Section 9 (b) of the National Labor Relations,
Act.
3. The production and maintenance employees of the Company,
including 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
superintendents, foremen, and subforemen, and also excluding all
maintenance mechanics, machinists, and journeymen 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
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
'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, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that Pattern Makers Association of Los
Angeles and Vicinity has been designated and selected by a majority
of the wood, metal, tamistone plaster, and tamistone pattern makers
employed by the Aluminum Company of America, Los Angeles,
California, as their representative for the purposes of collective bar-
gaining, and that pursuant to Section 9 (a) of the Act, Pattern
Makers Association of Los Angeles and Vicinity is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.
IT IS FURTHER CERTIFIED that International Die Sinkers Conference,
Los Angeles Local 220, has been designated and selected by a ma-
jority of the die sinkers and apprentices employed by the Aluminum
Company of America, Los Angeles, California, as their representa-
tive for the purposes of collective bargaining, and that pursuant to
Section 9 (a) of the Act, International Die Sinkers Conference, Los
Angeles Local 220, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of employ-
ment. -
AND IT IS FURTHER CERTIFIED that International Union, United
Automobile Workers of America, Alcoa Unit No. 808, C. I. 0., has
been designated and selected by a majority of the remaining pro-
242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duction and maintenance employees , including inspectors , shipping
clerks , timekeepers , and lead men, but excluding office workers,
guards, time -cost employees , temporary construction workers, and
supervisory employees having authority to hire and discharge or to
recommend hiring and discharge , such as superintendents , foremen,
and subforemen , and also excluding all maintenance mechanics, ma-
chinists , and journeymen machinists , engaged in setting and repair-
ing machines, motors, and appurtenances thereto, operating boring
machines , engine lathes, turret lathes, grinders , and welding in con-
nection with machine work , as their representative for the purposes
of collective bargaining , and that, pursuant to, Section 9 (a) of the
Act, International Union, United Automobile Workers of America,
Alcoa Unit No. 808, C. I. 0., is the exclusive representative of all
such employees for the purposes of collective bargaining in-respect
to rates of pay, wages , hours of employment , and other conditions
of employment.
32 N. L. R. B., No. 47a.