Aluminum Co. of America

National Labor Relations Board - Board Decisions

Sep 27, 1941

35 N.L.R.B. 957 (N.L.R.B. 1941)

In the Matter of ALUMINUM COMPANY OF AMERICA and NATIONAL
ASSOCIATION OF DIE CASTING WORKERS (C. I. 0.)
Case No. R-2932.-Decided September 27, 194.1
Jurisdiction : aluminum manufacturing industry.
Investigation and Certification of Representatives : existence of question : Com-
pany refused to accord union recognition until it is certified by the Board ;
election necessary.
Unit Appropriate for Collective Bargaining : lift truck drivers, powerhouse and
compressor employees, and construction workers.
Mr. R. C. Rankin, of Cleveland, Ohio, for the Company.
Mr. Albert C. Skinner, of Cleveland, Ohio, for the Union.
Mr: "C. D.'Madigan, of Cleveland, Ohio, for Pattern Makers League
of North America (A. F. L.).
Mr. Marvin C. Wahl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 24, 1941, National Association of Die Casting Workers,
affiliated with the C. I. 0., herein called the Union, filed with the
Regional Director for the Eighth Region (Cleveland, Ohio) a peti-
tion alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Aluminum Company of
America, Cleveland, Ohio, herein called the Company, and request-
ing 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 August 15, 1941, the National Labor Re-
lations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Re-
lations 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 August 19, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the Union,
and upon the following labor organizations claiming to represent
employees directly affected by the investigation : Pattern Makers
35 N. L. R B., No. 186.
957
958 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
League of North America (A. F. L.) ; Toledo Die Sinkers Lodge
160 of the International Die Sinkers Conference (Unaffiliated) ; In-
ternational Brotherhood of Teamsters, Chauffeurs, & Helpers Union
(A. F. L.) ; United Automobile Workers of America (A. F. L.) ;
The Cleveland Metal Trades Council (A. F. L.) ; The Cleveland
Building Trades Council (A. F. L.) ; International Brotherhood of
Firemen & Oilers (A. F. L.) ; and International Union of Operating
Engineers (A. F. L.).1 Pursuant to notice, a hearing was held on
August 28, 1941, at Cleveland, Ohio, before Harry L. Lodish, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company was represented by counsel and the Union by its repre-
sentative; both 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. No objections
to the introduction of evidence or the rulings of the Trial Examiner
were made by any of the parties. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company admits that it is engaged in commerce within the
meaning of the Act. The parties stipulate that in view of the size
•of the Company, its reputation, and its admission that it is engaged
in commerce, specific facts and figures concerning the extent to which
the Company is engaged in commerce would be waived, and in lieu
thereof, it is admitted that the business of the Company involves
considerable sums of money and that a substantial proportion of its
products are shipped from its Cleveland plant, herein involved, to
points outside of the State of Ohio.
H. THE ORGANIZATION INVOLVED
National Association of Die Casting Workers is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to ,recognize the Union as the exclusive rep-
resentative of its employees in the unit hereinafter found to be appro-
priate until the Union is certified by the Board.
i The only labor organization which appeared at the hearing was the Pattern Makers
League of North America ( A. F. L.). Upon the parties' stipulating that pattern makers
are to be excluded from the appropriate unit , Pattern Makers League of North America
( A. F. L.) withdrew from . the hearing.
ALUMINUM COMPANY OF AMERICA 969+
A statement on the record by the Trial Examiner shows that the
Union represents a substantial number of the Company's employees
in the unit hereinafter found to be appropriate.2
We find that a question has arisen concerning the representation
of the 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
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 Union contends that inside or lift truck drivers, powerhouse
and compressor employees, and construction workers at the Cleveland
plant of the Company, excluding supervisory employees, constitute
an appropriate unit. The Company contends that there should be
three separate and distinct units of these employees at the Cleveland
plant, namely: (1) inside or lift truck drivers; (2) powerhouse and
compressor employees; and (3) construction workers, excluding from
each proposed unit the supervisory employees. There is no evidence
in the record concerning the nature of the duties, hours of work, rates
of pay, or other conditions of employment of any of the employees
within the above groups. We find that all inside or" lift truck drivers,
powerhouse and compressor employees, and construction workers at
the Cleveland plant of the Company, excluding supervisory employees,
constitute a unit appropriate 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.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an-
election by secret ballot. The parties agree that in the event of an
election the current pay roll be used to determine eligibility. In
accordance with the desires of the parties and our usual practice, we
shall direct that those eligible to vote in the election shall be the em-,
2 The Trial Examiner stated that the Union presented to the Regional Office a petition,
which indicated that 202 employees in the claimed unit were paid-up members of the-
Union The record is not clear as to the number of employees within the proposed unit,
but it appears that the number is between 275 and 355 . Inasmuch as the Company failed
to produce a pay roll , the names on the petition were not checked against a pay-roll list,
but the Trial Examiner stated that the signatures appeared to be genuine.
960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees within the appropriate unit who were employed by the Com-
pany during the pay-roll period immediately 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 :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Aluminum Company of America, Cleve-
land, Ohio, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All inside or lift truck drivers, powerhouse and compressor em-
ployees, and construction workers at the Cleveland plant of the Com-
pany, excluding supervisory employees, 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 National Labor Relations
Act, and pursuant to Article III, Section 8, of the 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 ascertain representatives for the purposes of collective bargaining
with Aluminum Company of America, Cleveland, Ohio, 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 Eighth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all inside or lift truck drivers, powerhouse and
compressor employees, and construction workers at the Cleveland
plant of the Company who were employed by the Company during
the pay-roll period immediately preceding the date of this Direction
of Election, including employees who did not work during such pay-
roll period because they were ill or on vacation or in the active mili-
tary service or training of the United States, or temporarily laid off,
but excluding supervisory employees and employees who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by National Association of Die Casting Work-
ers, affiliated with the Congress of Industrial Organizations, for the
purposes of collective bargaining.