Continental Can Co.

National Labor Relations Board - Board Decisions

Mar 22, 1946

66 N.L.R.B. 1069 (N.L.R.B. 1946)

In the Matter of CONTINENTAL CAN CoTNIrANY-OwENS- ILLINOIS
DIvIsIoN and LODGE No. 186, INTERNATIONAL ASSOCIATION OF
MACHINISTS
Case No. 5-R-1909.-Decided March 22, 1946
Mr. Milton Rehberger, of Baltimore, Md., for the Company.
Messrs. E. J. Peresluha, F. N. Kershaw, and Walter F. McKenna,
of Baltimore, Md., for the I. A. M.
Mr. Frank J. Donner, of Washington, D. C., and Messrs. Oscar
Durandetto and Albert Atallah, of Baltimore, Md., for the C. I. O.
Mr. Seymour Cohen, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by Lodge No . 186, International Asso-
ciation of Machinists , herein called the I . A. M., alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Continental Can Company-Owens-Illinois Divi-
sion, Baltimore , Maryland, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before George L. Weasler, Trial Examiner. The hearing
was held at Baltimore , Maryland , on October 9 and November 5, 1945.
At the hearing, the motion to intervene of the United Steelworkers
of America , C. I. 0., Local 3204, herein called the C . I. 0., was
granted. The Company , the I . A. M., and the C. I. O. appeared and
participated . All parties were afforded full opportunity to be heard,
to examine and cross -examine witnesses , and to introduce evidence
bearing on the issues. At the hearing , the C. I. O. moved to dismiss
the petition on the ground that the unit petitioned for is not appro-
priate for collective bargaining purposes. The Trial Examiner
referred this motion to the Board. For reasons stated hereinafter, the
motion is hereby granted . The Trial Examiner 's rulings made at the
66 N. L. R. B., No. 131.
1069
1070 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
1. THE BUSINESS OF THE COMPANY
Continental Can Company, Inc., a New York corporation, operate
numerous plants throughout the United States, including one at
Baltimore, Maryland, known as the Owens-Illinois Division or Plant
No. 9. In this plant in Baltimore, Maryland, with which we are here
solely concerned, the Company manufactures metal containers. Dur-
ing the year 1944, the Company purchased raw materials consisting of
strip steel, tin, terne, black plate, inks, coatings, compound. and solder
valued at approximately $5,000,000, of which approximately 58 per-
cent was shipped from points outside the State of Maryland. During
the same period, the Company manufactured finished products valued
in excess of $7,000,000. of which 92 percent was shipped to point
outside the State of Maryland.
The Company admits that it is engaged in commerce ii itliin the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Lodge No. 186, International Association of Machinists, is an un-
affiliated labor organization, admitting to membership employees of
the Company.
United Steelworkers of America. Local 3294, is a labor orgauiizat ion
affiliated with the Congress of Industrial Organizations. admitting
to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The I. A. M. seeks a unit consisting of all employees in the machine
shop, including machinists , tool and die makers. apprentices. helpers.
and specialists , but excluding all supervisory employees. The C. I. O..
in support of its motion to dismiss , contends that the unit sought is
not appropriate , and that only a plant-wide unit , including the
machine shop employees , as previously found by the Board, is appro-
priate. The Company has taken a neutral position.
3 Pursuant to an agreement of the parties, those portions of the record and exhibits in
Case No . 5-R-1398 , Matter of Owens -Idllnois Can Company, 54 N. L. R. B. 717, which
bear on the issues herein presented , are hereby incorporated as part of the record in the
instant proceeding.
CONTINENTAL CAN COMPANY 1071
In a previous decision involving this plant,2 we found that the
Company had for several years bargained with an "association-of
locals," of which the I. A. M. was one. on an "industrial" basis, and
held a plant-wide unit appropriate. The C. I. O. won the resulting
election,3 and, on February 29, 1944, was certified by the Board as the
collective bargaining representative for the Company's production
and maintenance employees, including the machine shop employees.
Thereafter, on April 19, 1944, the Company and the C. I. O. entered
into a collective bargaining agreement, to run from April 24, 1944, to
April 24, 1945, and thereafter from year to year unless notice of
intention, to change or terminate the agreement was given by either
party. The I. A. M. filed its petition in the present proceeding on
April 11, 1945. On June 20, 1945, a second agreement between the
Company and the C. I. O. was entered into, effective April 24, 1945,
and to continue in effect until April 24, 1947, with provisions for
automatic renewal from year to year thereafter.
We are not satisfied that the facts and circumstances in the present
proceeding are such as to warrant the severance of a craft unit from
the established production and maintenance unit.4 Despite the con-
tention of the I. A. M. to the contrary, there is no showing in the
record that the C. I. O. has been derelict in its bargaining for the
machine shop employees together with the regular production and
maintenance employees. Rather, there is evidence that the machine
shop employees have participated in benefits secured under the bar-
gaining agreements. The I. A. M. produced evidence that the C. I. O.
failed to have a shop steward in the machine shop from the date of
its certification until October 1945, and that the employee who was the
I. A. M. machine shop steward before February 29, 1944, continued
thereafter to handle several grievances of machine shop employees
directly with the foremen and other representatives of the Company."
The record discloses, however, that at least two grievances of employ-
ees in the machine shop were in fact handled by C. I. O. representa-
t Ives under the grievance procedure set out in the bargaining agree-
inent, and that there have been no complaints to the Company that
the C. I. O. has been unwilling to process grievances for employees
in the machine shop. Furthermore, it appears that the machine shop
employees participated in the election in which the C. I. O. was
chosen the exclusive bargaining representative, and since that time
have in no way protested to the Company that they do not wish to
2 hatter of Owens -Illinois Can Company, supra
'The A F . L. affiliates involved , including the I A. M , were jointly designated on
the ballot under the title "American Federation of Labor."
' See Hatter of General Electric Company (Lynn River Works and Everett Plant), 58
N. L R B. 57
•This employee became a member of the C I 0 in October 1945. and is now acting as
its shop steward in the machine shop
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be represented by the C. I. O. or indicated a desire to maintain a
separate craft unit. We conclude, therefore, that the unit requested
by the I. A. M. is not appropriate for the purposes of collective bar-
gaining, and we so find.'
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since, as we have held in Section III, above, the bargaining unit
sought by the I. A. M. is inappropriate for the purposes of collective
bargaining, we find that no question affecting commerce has arisen
concerning the representation of employees of the Company, within
the meaning of Section 9 (c) of the National Labor Relations Act.
We shall, therefore, dismiss the petition.
ORDER
Upon the basis of the above findings of fact, and the entire record
in the case, the National Labor Relations Board hereby orders that
the petition for an investigation and certification of representatives of
employees of Continental Can Company-Owens-Illinois Division,
Baltimore, Maryland, filed by Lodge No. 186, International Associa-
tion of Machinists, be, and it hereby is, dismissed.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Order.
6 See Matter of International Harvester Company, Canton Works, 61 N. L . R. B. 1199