Chickasaw Cooperage Co.

National Labor Relations Board - Board Decisions

Dec 16, 1944

59 N.L.R.B. 1110 (N.L.R.B. 1944)

In the Matter of CHICKASAW WOOD PRODUCTS COMPANY, D/B/A
CHICKASAW COOPERAGE COMPANY and INTERNATIONAL BROTHERHOOD
OF FIREMEN AND OILERS, AFFILIATED WITH THE AMERICAN FEDERATION
OF LABOR
Case No. 15-R-1216.-Decided December 16, 1944
Mr. J. S. Allen, of Memphis, Tenn., for the Company.
Mr. Fred Beyler, of Memphis, Tenn., for the Firemen and Oilers.
Mr. John M. Greene, of Chattanooga, Tenn., for the Operating
Engineers.
Mr. J. L. Robertson, of Memphis, Tenn., for the Coopers.
Mr. Paul Bisyyer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Fire-
men and Oilers, affiliated with the American Federation of Labor,
herein called the Firemen and Oilers , alleging that a question affecting
commerce had arisen concerning the representation of employees of
Chickasaw Wood Products Company, doing business as Chickasaw
Cooperage Company, Memphis, Tennessee , herein called the Company' I
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Walter Wilbur, Trial Examiner. Said
hearing was held at Memphis, Tennessee , on October 31, 1944. The
Company, the Firemen and Oilers , International Union of Operating
Engineers , affiliated with the American Federation of Labor, herein
called the Operating Engineers , and Coopers ' International Union of
North America , Local No. 95 , affiliated '-with the American Federation
of Labor, herein called the Coopers, appeared and participated. All
parties were fforded full opportunity to be heard , to examine and
cross-examine witnesses , and to introduce evidence bearing on the
issues. The Trial Examiner 's rulings made at the hearing are free
from prejudicial error and are, hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
' Name corrected.
59 N. L. R. B., No. 199.
1110
CHICKASAW WOOD PRODUCTS COMPANY
Upon the entire record in the case, the Board makes the following:
FINDINGS OF. FACT
I. THE BUSINESS OF THE COMPANY
Chickasaw Wood Products Company is a Delaware corporation hav-
ing its principal office in Memphis, Tennessee. At its plant in Mem-
phis, Tennessee, with which we are solely concerned in this proceeding,
the Company is engaged in the manufacture of barrels under the trade
name of Chickasaw Cooperage Company. Products annually com-
pleted at the Memphis plant are valued at approximately $1,000,000, of
which about 90 percent is sold and shipped to points outside the State
of Tennessee. The Company obtains most of the timber used in its
manufacturing operations at the Memphis plant from its.mills located
outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Brotherhood of Firemen and Oilers, International
Union of Operating Engineers, and Coopers' International Union of
North America, Local No. 95, all affiliated with the American Federa-
tion of Labor, are labor organizations admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Firemen and
Oilers as the exclusive bargaining representative of certain-of its em-
ployees until the Firemen and Oilers has been certified by the Board
in an appropriate unit.
A statement of the Trial Examiner, made on the record at the hear-
ing, indicates that the Firemen and Oilers represents a substantial
number of employees in the unit hereinafter found appropriate?
The Operating Engineers and the Coopers urge, in effect, a dismissal
of the petition on the ground that jurisdictional disputes are involved
among the Firemen and Oilers and themselves with respect to firemen
and helpers who comprise the unit sought by the Firemen and Oilers.
All three organizations are affiliated with the American Federation of
Labor.
2 At the hearing , the Trial Examiner stated for the record that the Firemen and Oilers
submitted 18 authorization cards bearing the names of persons listed on the Company's
pay roll of October 25, 1944, which contained the names of 20 employees in the alleged
appropriate unit.
1112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Operating, Engineers claims jurisdiction over firemen 3 whom
it regards as apprentices in its trade.4 However, it has submitted
no evidence that it represents any firemen at the Memphis plant. Under
the circumstances, we find no reason to dismiss the petition insofar
as firemen are concerned.5
The Coopers asserts jurisdiction over helpers.6 Nevertheless, since
it, too, has failed to submit''p-foof of representation among helpers at
the Memphis plant, we find there is no bar to these proceedings. In
deciding that a present determination of representatives is not pre-
cluded, we have considered the Coopers' claim that it has bargained
for helpers and included them in its contract with the Company of
July 1, 1942, under the wage scale classification of "Supply." 7 How-
ever, supply men perform work which differs from that of helpers in
that supply men bring the necessary materials to the production depart-
ments for use in the manufacturing processes, while helpers, as will
appear more fully hereinafter, are engaged in functions related to the
work of firemen. Furthermore, the Coopers' contract provides that
,it shall apply to "employees engaged in the manufacture and handling
of cooperage; maintenance men may be enrolled as members," and that
all employees "engaged in productive labor shall be ... , required to
become . . . member (s)'? of the Coopers. Notwithstanding these
provisions, no evidence was offered to show that helpers were at any
time members of the Coopers, or'that the Company ever checked off
dues from their wages as the contract also required.
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
The Firemen and Oilers seeks a unit of all firemen and helpers,
excluding engineers, assistant engineer1s, general maintenance men,"
and supervisory employees. Without taking an affirmative position
respecting-the appropriate unit, the Operating Engineers opposes the
It does not appear that the Operating Engineers also asserts jurisdiction over helpers.
• Apparently, the Operating Engineers regards firemen as apprentices to engineers and
assistant engineers.
5 Matter of Thomasville Chair Company , 37 N. L. R. B. 1017 ; and Matter of Weyerhaeu8erV
Timber Company, 30 N. L. R. B. 872. .
6 The Coopers does not allege jurisdiction over firemen.
? At the time of the hearing, there was no effective written contract in existence between
the Coopers and the Company.
8 A representative of the Firemen and Oilers testified at the hearing that his organization,
did not request the inclusion of maintenance mechanics , but sought "the helpers , the men
that help the maintenance mechanics" apparently when they make repairs in the boiler
room. It does not appear that such helpers constitute a distinct classification from
helpers generally.
CHICKASAW WOOD PRODUCTS COMPANY 1113
inclusion of firemen,9 while the Coopers and the Company oppose the
inclusion of helpers.
The Company employs 4 firemen, each assigned to a shift, who per-
form the customary functions of their craft in the boiler room. They
maintain the steam power required in the manufacturing operations
and furnish the steam in the dry kilns which are adjacent to and on
either side of the boiler room. For its fuel supply, the boiler room
depends upon the plant's waste products. One source is the wood
shavings which are "piped" to it directly from the woodworking ma-
chines. The other source is the waste wood resulting from the pro-
duction processes. There are about 16 helpers who collect and remove
from the production departments the waste wood, a major portion of
which is taken to the boiler room to be burned as fuel 10 It also appears
that at least some of the helpers assist mechanics when the latter make
repairs in the boiler roomll Significantly, firemen and helpers are
listed on the Company's pay roll as classification "9100, Steam Power
Department." As indicated in Section III, supra, we are not per-
suaded that the record sufficiently supports the claim of the Coopers
that it has bargained for helpers. In these circumstances, and in view
of the fact that firemen and helpers comprise a distinct, well-defined
group which apparently desires to be represented by the Firemen and
Oilers, we are of the opinion that the unit sought by the Firemen and
Oilers is appropriate.12
Accordingly, we find that all the Company' s firemen and helpers at
its Memphis, Tennessee, plant, but excluding engineers , assistant en-
gineers , general maintenance men, and all supervisory employees
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 purposes 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-
roll period immediately preceding the date of the Direction of Election
0 It does not appear that the Operating Engineers also objects to the inclusipn of helpers.
See footnote 5.
10 According to the testimony of the Company's vice president, about 80 percent of the
waste wood for the 60-day period prior to the hearing was hauled by helpers to the boiler
room, while the balance of such waste wood was carried by them to other locations for
different disposal. I
11 In connection with their work, helpers clean and sweep up the plant.
12 See Matter of Revere Copper and Brass Incorporated, 58 N. L. R. B. 1413; and
Matter of Allred Malls, Inc., Plant #1, 57 N. L. R. B. 1807.
1114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein, subject to the limitations and additions set forth in the Di-
rection.
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,
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 representa-
tives for the purposes of collective bargaining with Chickasaw Wood
Products Company, doing business as Chickasaw Cooperage Company,
Memphis, Tennessee, 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, Sec-
tions 10 and 11, of said Rules and Regulations , among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 electioii, to
determine whether or not they desire to be represented by Interna-
tional Brotherhood of Firemen and Oilers, affiliated with the Ameri-
can Federation of Labor, for the purposes of collective bargaining.