American Tobacco Co., Inc.

National Labor Relations Board - Board Decisions

Dec 13, 1944

59 N.L.R.B. 928 (N.L.R.B. 1944)

In the Matter of AMERICAN TOBACCO COMPANY, INC. and INTERNA-
TIONAL BROTHERHOOD OF FIREMEN ' AND 'OILERS, LOCAL 320, AMER-
ICAN FEDERATION OF LABOR
Case No. 9-R-1576.-Decided December 13, 1944
Mr. J. G. Hager, of Louisville, Ky., for the Company.
Mr. William E. Fredenberger, of Louisville, Ky., for the Union.
Miss Ruth E. Bliefield, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International.Brotherho6d of Fire-
men and Oilers, Local 320, American Federation of Labor, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of American Tobacco Com-
pany, Inc., Louisville, Kentucky, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before R. N. Denham, Trial Examiner. Said hear-
ing was held at Louisville, Kentucky, on November 1, 1944. The
Company and the Union appeared ' and participated. All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and, to introduce evidence bearing on `tfie issues.
The Trial Examiner's rulings -made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
American Tobacco Company, Inc., is a New Jersey corporation,
operating plants in various States of the United States. It manu-
factures smoking and chewing tobacco and cigars in these plants.
The only plant involved in this proceeding is located at Louisville,
59 N. L. R. B, No. 178.
928
AMERICAN, TOBACCO COMPANY, INC. 929
Kentucky. Ninety percent of the finished products of this plant is
shipped to points outside the State of -Kentucky, amounting to sub-
stantially over $100,000 per year. The raw materials used consist
primarily of leaf tobacco, of which less than 25 percent is shipped to
the Louisville plant from points outside the State of Kentucky.
The Company admits that it is engaged in commerce within the
meaning of the'National Labor Relations Act. -
H. THE ORGANIZATION INVOLVED
International Brotherhood of Firemen and Oilers, Local 320, affili-
ated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
III. THE-QUESTION CONCERNING REPRESENTATION
At conferences held between the Company and the Union in August
and September 1944, the Union requested recognition as the exclusive
bargaining representative of certain of the boiler room and powerhouse
employees of the Company. The Company refused to grant recog-
nition llnt,il the Union has been certified by the Board in an appro-
priate unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In'-its petition, as amended at the hearing,2 the Union contends for
a unit consisting of the boiler room and powerhouse employees, ex-
cluding therefrom all supervisory employees.3 These include the fire-
men, coal passers, engineer helpers, engineers, and relief engineers.
The chief engineer, who is in charge of all employees in the boiler room
' The Field Examiner reported that the Union submitted 12 authorization cards, all of
which bore the names of persons appearing on the Company 's pay roll which contained
the names of 18 employees in the appropriate unit; and that 6 cards were dated July
1944 , 5 were daten August 1944 , and 1 card undated
2 In its petiton the Union requested a unit composed of the boiler room and powerhouse
employees and the oilers . At the hearing the Union requested permission to amend its
petition to exclude the oilers from the unit . This request was acquiesced in by the Com-
pany. The Trial Examiner granted the request and his ruling is hereby upheld It does
not appear from the record that there are any employees listed by the Company as oilers.
3 The production and maintenance employees of the Company are represented by the
Tobacco Workers International Union , A. F of L. under a contract dated August 7, 1944.
This union makes no claim to represent the employees in the unit claimed by the Union
and has filed its formal waiver to that effect.
930 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and powerhouse, is excluded, as a supervisory employee. The Com-
pany does not object to the unit requested by the Union, but would
exclude therefrom the two engineers, who are on duty during the two
night shifts when the plant is not in operation, and the two relief
engineers.
The two engineers are employed on the afternoon and night shifts
respectively. Their duties consist of maintaining air conditioning and
humidity standards, in accordance with the instructions of the-chief
engineer, and checking the appropriate regulators stationed through-
out the plant which govern the maintenance of these standards. The,
engineers also make a regular tour of the plaint, checking on equipment
and making any necessary regulatory changes, and ring in at stated
intervals. They also make repairs if the necessary equipment is avail-
able, and, if not, the repair work is left for the day shift employees.
The engineers are required to check on the firemen, and if necessary,
to assist both the firemen and watchmen in an emergency. They re-
ceive their instructions from the Chief Engineer, and report to him
any infractions of duty on the part of the firemen or watchmen, or
any emergencies. These men are paid a salary, while the other em-
ployees in the unit requested are paid on an hourly basis. It does not
appear, however, that the engineers are supervisory employees within
our usual definition. Although their work requires specialized knowl-
edge of the machines with which they deal, it is evident that this knowl-
edge is not of a technical or professional character. We shall, there-
fore, include the engineers in the appropriate unit.
The two relief engineers divide their time between maintenance
and boiler room work. They are also paid on a salary, basis. Their
duties as engineers are the same as those of the engineers discussed
supra. 'It appears that their interests lie mainly with those of the
other engineers rather than with the maintenance employees, inas-
much as a promotion for them would be to the job of engineer. We
shall therefore include the relief engineers in the appropriate unit.
We find that all boiler room and powerhouse employees, including
the engineers and relief engineers, but excluding all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act. '
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
AMERICAN TOBACCO COMPANY, INC. 931
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
' DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with American
Tobacco Company, Inc., Louisville, Kentucky, 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 Ninth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did
not work during the said pay-roll period because they were ill or on
vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding those employees who have since quit or
been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether or not they
desire to be represented by International Brotherhood of Firemen and
Oilers, Local 320, affiliated with the American Federation of Labor,
for the purposes of collective bargaining. '