E. I. DuPont de Nemours & Co.

National Labor Relations Board - Board Decisions

Dec 14, 1944

59 N.L.R.B. 952 (N.L.R.B. 1944)

0
In the Matter of E. I. DuPoNT DE NEMOURS & COMPANY, INDIANA
ORDNANCE WORKS and INTERNATIONAL BROTHERHOOD OF FIREMEN &
OILERS, LOCAL #320, A. F. of L.
Case No. 9-R-1575--Decided December 14, 1944
Mr. E. C. First, Jr., of Wilmington, Del., for the Company.
Mr. William E. Fredenberger, of Louisville, Ky., for the Union.
Miss Ruth Rusch, 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 & Oilers, Local #320, A. F. of L., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of E. I. DuPont de Nemours & Company,
Indiana Ordnance Works, Charlestown, Indiana, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before R. N. Denham, Trial Examiner.
Said hearing was held at Louisville, Kentucky, on November 2, 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 the issues.
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded in-
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
E. I. DuPont de Nemours & Company operates the Indiana Ord-
nance Works at Charlestown, Indiana. The Company is under con-
tract with the United States Government whereby the material used
is owned by the Government and all the finished products are shipped
59 N. L. R. B., No. 183.
952
E. I. DUPONT DE NEMOURS & COMPANY 953
to it. The Company uses materials which are sent from sources out-
side of the State of Indiana and which amount to more than $500,000
in value monthly. All of the finished products are shipped to points
outside the State of Indiana and amount to more than, $500,000 in
value monthly.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Firemen & Oilers, Local #320, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of its powerhouse
employees until the Union has been certified by the Board in an ap-
propriate 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
The Union seeks to represent certain of the Company's employees
in its Power Department, namely boiler operators, switch board oper-
ators, condenser operators, inside and outside water operators,
hydraulic and refrigeration operators, compressor operators, well
operator, turbine operator, instrument man, boiler cleaners, power area
oilers, and sewage disposal operator.2 The Power Department is one of
the five major production and maintenance divisions of the Company's
plant. The employees whom the Union would represent comprise the
bulk of the employees in the Power Department. They are stationed
in or near two power plants and elsewhere in the plant and, as their
titles indicate, they are engaged in operating equipment which gener-
ates and distributes power.
The Company contends that such a unit is inappropriate and alleges
that only a, plant-wide unit composed of all the Company's production
' The Field Examiner reported that the Union submitted authorization cards, 58 of which
bore the names of persons listed on the Company ' s pay roll , which . contained the names of
92 employees in the alleged appropriate unit. ' There were 27 cards dated in August 1944, 1
in September 1944, and 30 undated.
2 In its brief , the Union included helpers in the unit which it desires to represent.
954 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and maintenance employees, except for the electricians who are already
represented by the International Brotherhood of Electrical Workers,
is appropriate for bargaining purposes. 'We, find no merit in the Com-
pany's argument inasmuch as no attempt has been made to organize the
employees throughout the Company's entire plant.3 As an alternative,
the Company suggests a unit comprised of all the employees in. the
Power Department. The departmental unit suggested by the Com-
pany would include certain categories of employees whom the Union
would exclude on the ground that they are not within its trade jurisdic-
tion, namely tractor operators, mechanics, coal handlers and chief
coal handling operators, and laborers.
Tractor Operators. The three tractor operators use their equip,
ment to haul coal from the' freight cars to the powerhouse yard, and
to push the coal on the conveyor system which feeds the furnaces.
When there are no such duties to be performed, the tractor operators
do maintenance work. Most of these employees are mechanics. It is
the Union's contention that they are under the jurisdiction of the
International Union of Operating Engineers since they operate
tractors. . .
Mechanics. There are approximately 20 maintenance mechanics who
qualify as plumbers, steamfitters, and other craftsmen.4 They are
engaged in repairing the powerhouse equipment. The Union believes
they would be more properly represented by other labor organizations
affiliated with the American Federation of Labor having jurisdiction
over the several crafts involved.
Coal Handlers and Chief Coal Handling Operators. The 17 coal
handlers unload coal cars, transport the coal to silos, check the con-
veyor belts and coal crushers, and clean the silos. ' The 4 chief coal
handling operators perform the same work as the coal handlers, and
in addition act as leaders. The Union seeks to exclude the chief coal
handling operators on the ground that they are supervisory employees,
and the coal handlers on the basis of their lack of skill. However, the
record indicates that the responsibility of the chief coal handling oper-
ators is not of a supervisory nature. They work among the coal han-
dlers and have no authority to hire, discharge, or make recommenda-
tions affecting the status of other employees. We find that these
employees, are not supervisory within the meaning of the Board's
customary definition. The Union believes the coal handlers would be
more appropriately represented by International' Hod Carriers and
General Laborers Union or some other American Federation of Labor
affiliate which customarily bargains for unskilled laborers.
, See Matter of E I DuPont de Nemours and Company , 45 N. L. R. B. 917 ; Matter of
B. I. DuPont de Nemours and Company , 52 N. L. R. B. 1335; and Matter of E. I. DuPont
de Nemours and, Company, 54 N. L R B 1543
4 The instrument man is not classified within this category of mechanics and is included
In the appropriate unit
E. 1. DUPONT DE NEMOURS & COMPANY 955
Laborers. The two laborers perform janitorial duties in the power-
house. The Union argues that they properly belong in a unit for
unskilled laborers.
No other labor organization has sought to represent the employees
in any of these fringe groups. All of them are engaged under com-
mon supervision with the operators in the unit proposed by the Union
in work incidental to the operation and maintenance of the Power
Department. Inasmuch as the Union's parent body apparently pos-
sesses jurisdiction to represent and frequently does represent unskilled
employees working in and about the powerhouses in industrial plants,5
and since the Union is willing to include in the unit other unskilled
employees whom it designates as helpers, we find no reason to exclude
the coal handlers and laborers. The tractor operators and mainte-
nance mechanics stand on a different footing since they are apparently
skilled mechanics engaged in specialized work which is not necessarily
identified with powerhouse operation, and which is characteristic of
other craft occupations. We shall exclude the tractor operators and
mechanics, but include the laborers and coal handlers.
We find that all the-Company's powerhouse employees at its Charles-
town, Indiana, plant, including the sewage disposal operator, and the
chief coal handling operators, but excluding the tractor operators,
maintenance mechanics-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, consti-
tute 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
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 Relations Act,
United States Department of Labor • Handbook of American Trade Unions ( 1936), p.
183 See Matter of Allis -Chalmers Manufacturing Company, 43 N. L R. B. 600 ; Matter
of B F. Sturtevant Company, 44 N. L . R. B. 722; Matter of Aluminum Forgings, Inc.,
53 N L. R. B. 1054 ; Matter of Dodge Chicago Plant, Division of Chrysler Corp., 55 N. L.
It. B 634; Matter of Lever Brothers Company, , 57,N. L. R. B. 139; and Matter of Ameri-
can Tobacco Company, Inc ., Case No. 9-R-4576, issued December 12, 1944.
956 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 E. I. DuPont de
Nemours & Company, Indiana Ordnance Works, Charlestown, Indiana,
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 Rela-
tions Board, and subject-to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in'the unit found.appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including em-
ployees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding any 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 &
Oilers, Local #320, A. F. of L., for the purposes of collective bar-
gaining.