Olin Corp.Download PDFNational Labor Relations Board - Board DecisionsMay 19, 1977229 N.L.R.B. 793 (N.L.R.B. 1977) Copy Citation OLIN CORPORATION Olin Corporation and Chauffeurs, Teamsters, Ware- housemen and Helpers, Local Union No. 525, affiliated with International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America, Petitioner. Case 14-RC-8295 May 19, 1977 DECISION ON REVIEW AND ORDER BY MEMBERS JENKINS, MURPHY AND WALTHER On November 26, 1976, the Regional Director for Region 14 issued a Decision and Direction of Election in the above-entitled proceeding, in which he found appropriate the Petitioner's requested unit of all printing department employees employed at the employer's facilities in Alton and East Alton, Illinois, rejecting the Employer's contention that the appropriate unit must encompass all office clerical employees employed at those facilities. Thereafter, in accordance with Section 102.67 of the National Labor Relations Board Rules and Regulations, Series 8, as amended, the Employer filed a timely request for review of the Regional Director's decision on the ground that in making his unit determination he departed from precedent. The Board, former Chairman Murphy dissenting,1 by telegraphic order dated December 21, 1976, granted the request for review and stayed the election pending Decision on Review. Thereafter, the Em- ployer filed a brief on review. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has considered the entire record in this proceeding, including the brief on review with respect to the issues under review, and makes the following findings: The Employer is engaged in commerce within the meaning of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein. The Employer annually sells and ships from its East Alton, Illinois, complex, munitions valued in excess of $50,000 directly to customers located outside the State of Illinois. The Employer, a Virginia corporation, is engaged in the manufacture and distribution of munitions at its East Alton, Illinois, facility. The Employer employs approximately 6,000 employees at its East Alton facility, which spans 2,000 acres. Approximate- ly 5,000 of those employees are represented by six I Member Murphy would not have granted review because in her view the Regional Director was not clearly wrong. However, review having been granted and the record now having been read. Member Murphy now 229 NLRB No. 112 different unions. Of the remaining 1,000 employees approximately 375 are nonmanagerial salaried em- ployees and most of them are classified as office clericals. The Petitioner seeks to represent a unit of all printing department employees (eight employees) employed by the Employer. The Employer contends that such a unit is inappropriate as the printing department employees are part of the office clerical force and that therefore the only appropriate unit is a unit consisting of all office clerical employees employed at the Employer's facility. The printing department is located approximately 3 miles from the center of the Employer's complex in a building separate from other office employees. However, the printing department services the printing needs of the entire complex, and, as found by the Regional Director, prints in-plant memoran- da, the company letterhead, communications be- tween departments, forms used in the production department, duplicate reports, the company newslet- ter, management newsletters, the company Christmas card, and miscellaneous mailings to employees. No printing work other than for the Employer is performed. The printing department is staffed by two repro- duction clerks, a graphics composer, a graphics coordinator, three offset lithographers, and one employee who spends 70 percent of his time at the Employer's brass mill (a different building) operating a copy duplicator. As set forth by the Regional Director, the two reproduction clerks perform bindery and clerical functions and operate a small collator, papercutter, and a table-top folding ma- chine. In addition, one of the reproduction clerks operates a copy duplicator. The graphics composer sets type with a "strike-on" typesetting device and prepares material for the camera room where negatives and plates are made. He also performs paperwork related to the printing process. The graphics coordinator makes the negatives and metal plates which are used by the three offset lithogra- phers. The offset lithographers operate offset dupli- cators (as distinguished from offset presses) and perform bindery functions. With respect to the above-enumerated equipment used in the printing department, we note that, while offset duplicators are not used by other departments of the Employer, most of the remaining pieces of equipment are found and used in other departments and in production areas. No particular requirement exists for experience in the printing industry to qualify for a job in the believes that the Regional Director's decision was incorrect and joins with her colleagues in dismissing the petition. 793 DECISIONS OF NATIONAL LABOR RELATIONS BOARD printing department, although two of eight current printing department employees did have such experi- ence. Some of the printing department employees have transferred from other departments of the Employer. The two reproduction clerks, for example, are transferees from the Employer's mailroom. One of the offset lithographers is also a transferee from the Employer's mailroom, although this transfer took place many years ago. Several of the printing department employees have worked in the Employ- er's plant (a reproduction clerk and an offset lithographer). We also note that there have been transfers out of the printing department to other departments. One printing department employee, for example, transferred to the accounting department. In addition to the fact that no prior printing experience is required for employment in the printing department, we note significantly that very little training is required to learn the operation of the printing department equipment. Employees can be taught, for example, to operate the offset duplicators in only I day. Aside from printing department transfers to and from other departments discussed above, we also note that employees from other departments who bring work to the printing department often assist with the work. Further, during periods of heavy workload, employees from other departments may temporarily work in the printing department, al- though the degree to which this occurs is not known. The employees of the printing department are supervised by an individual who also supervises three photolab employees who are currently represented by another union and who work in a different building from the printing department employees. The salary and grade levels in the printing department coincide with the grades and salaries of other office clerical personnel. In addition, the record discloses that the printing department employees 2 Waft Disnel WorldCo., 215 NLRB421 (1974). enjoy the same fringe benefits-vacation, health and life insurance, pension, and stock purchase plans- possessed by the other office clerical employees. Based upon the above, we conclude, unlike the Regional Director, that the printing department employees do not possess a community of interest separate and apart from the Employer's other office clericals. An examination of the experience required, machinery used, and training, or lack thereof, received, convinces us that the printing department employees are not skilled lithographic craft employ- ees. Also, despite the fact that the printing depart- ment employees are located in a building separate from other office clericals, there are transfers to and from the printing department and other office clericals have contact with printing department employees in the course of obtaining printing work for their respective departments. Other office clerical employees operate various printing equipment locat- ed throughout the Employer's complex, which is the same as or similar to equipment found in the printing department. The work produced in the printing department is used solely by the Employer; and, as stated above, the printing department employees are under the same wage scale and receive the same benefits as other office clerical employees. Accord- ingly, for all the above reasons, we find that the proposed unit of printing department employees is not appropriated As we have found the requested unit herein inappropriate, and as the Petitioner has not indicated its desire to proceed to an election in a broader unit, we shall dismiss its petition. ORDER It is hereby ordered that the petition filed herein be, and it hereby is, dismissed. 794 Copy with citationCopy as parenthetical citation