Roane-Anderson Co.

National Labor Relations Board - Board DecisionsOct 4, 1946

71 N.L.R.B. 266 (N.L.R.B. 1946)

In the Matter of ROANE-ANDERSON COMPANY, EMPLOYER and INTER- NATIONAL ASSOCIATION OF MACHINISTS, PETITIONER In the Matter of ROANE-ANDERSON COMPANY, EMPLOYER and AMERI- CAN FEDERATION OF LABOR AND ITS AFFILIATES, PETITIONER In the Matter of ROANE-ANDERSON COMPANY, EMPLOYER and INTER- NATIONAL ASSOCIATION OF FIRE FIGHTERS, A. F. OF L., PETITIONER Cases Nos . 10-R-1369, 10-R-2027, and 10-R-3074 , respectively.- Decided October 4 , 19/6 Messrs. C. N. Hernandez , L. D. Worrel, and J. E. Brock, all of Oak Ridge, Tenn., for the Employer. Mr. Paul Chippman , of Atlanta , Ga., for the Machinists. Messrs. C. McMillian , J. N. Everett , D. R. Davis , and J. B. Hanni/ln, all of Knoxvi l le, Tenn., for the A. F. of L. Mr. John M . Greene , of Chattanooga , Tenn., for the Operating Engineers. Mr. James F. Barrett , of Atlanta , Ga., for the Fire Fighters. Mr. Eugene Cotton, of Washington , D. C., and Mr. C. W. Danen burg, of Oak Ridge, Tenn ., for the C. I. O. Mr. Lewis H . Ulman , of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS AND ORDER Upon separate petitions duly filed by International Association of Machinists, the American Federation of Labor and its Affiliates and the International Association of Fire Fighters, A. F. of L.,1 herein called the Machinists, Fire Fighters, and A. F. of L., respectively, hearing in this case was held at Oak Ridge, Tennessee, on August 15 and 16, 1946, before Paul S. Kuelthau, hearing officer. At the hear- ing, the hearing officer granted a, motion of Atomic Workers Organiz- ing Committee, C. I. 0., herein called the C. I. 0., to intervene. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. ' The proceedings herein were consolidated by an order of the Board dated August 12, 1946 71 N. L. R. B., No. 30. 266 ROANE-ANDERSON COMPANY 267 Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER The Employer, under contract with the United States Government, is performing the maintenance and operation functions for the Oak Ridge, Tennessee, town site and military reservation. These func- tions, closely analogous to those ,performed by municipal corporations elsewhere, consist chiefly of street maintenance, garbage collection, sewerage disposal, water supply, public building maintenance, fire and police protection, and the transmission of electrical energy. The Employer, while providing service for the employees and con- cessionaires located inside the military reservation, does not service the so-called operating companies at Oak Ridge nor maintain any retail establishments. The testimony given at the hearing discloses that the employer purchases annually more than $1,000,000 worth of supplies, tools, and equipment, more than 50 percent of which is shipped to it from outside the State of Tennessee. We find that the Employer is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioners, International Association of Machinists, unaffil- iated, International Association of Fire Fighters, A. F. of L., and American Federation of Labor and its Affiliates, are labor organiza- tions, claiming to represent employees of the Employer. The Intervenor, Atomic Workers Organizing Committee, C. I. 0., is a labor organization, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize any of the Petitioners as the exclusive bargaining representative of employees of the Employer until they have been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNITS The A. F. of L. seeks a unit of all employees, including general foremen, who are covered by the Employer's Manual Schedule.2 The I. A. M. requests a unit consisting of all the Employer's machinists, mechanics, millwrights, and their apprentices and helpers. The Fire Fighters requests a unit consisting of all fire fighting personnel on the Employer's Fire Department Schedules The C. I. 0. urges the-ap- propriateness of a unit consisting of all the Employer's non- supervisory personnel in all four of its divisions or schedules. The Employer agrees generally with the unit sought by the A. F. of L. and the unit sought by the Fire Fighters. The respective contentions of the parties will be discussed below. The unit proposed by the A. F. of L. The A. F. of L. requests a unit composed of all the employees whose conditions of employment are governed by the Employer's Manual Schedule 4 In opposing the separation of these employees from those in the other operating divisions, the C. I. 0. argues that this grouping is unrealistic because certain employees covered by the Non-Manual Schedule are working with, and in some instances performing work similar to that of employees covered by the Manual Schedule. How- ever, the record discloses that the employees covered by the Non- Manual Schedule and the Hospital, Medical Center and Dental Health Center Schedule are, with minor exceptions, management, professional, and clerical personnel who work in offices, whereas those employees covered by the Manual Schedule are skilled and non-skilled workers who are employed in the various shops and elsewhere. The unit sug- gested by the C. I. 0. would group together manual, clerical, and pro- fessional employees whom the Board has consistently refused to join in a single unit because of their dissimilarity in duties and interests. Because of the complexity of its operation providing almost every service usually per- formed by a municipal government , by public utilities . and by small independent contractors, the Employer has found it expedient to establish four operating divisions or schedules which set out the pay, hours and other conditions of employment of its various t^ pes of employees They are the Non-Manual Schedule, the Ilospital , Aledical Center and Dental Health Center Schedule, the Fire Department Schedule, and the Maintenance and Miscellaneous Operating Work Schedule, also referred to as the Manual Schedule Only the latter two govern employees covered by the petitions herein The last named schedule, a copy of "Nhich is attached hereto as Appendix A, covers skilled and non-skilled manual employees as dis- tinguished from the Non -Manual Schedule-which applies gene1rally to the Employer ' s clerical statt See footnote 2, supra d Although the A F of L has bargained for the majority of the employees on the Manual Schedule since 1943 through the Knoxville Building Trades Council , and has prosecuted cases, on behalf of the employees covered by the Manual schedule , before the several wage- fixing boards of the Federal Government exercising jurisdiction over the employees at Oak Ridge it has never secured a formal contract with the Employer Consequently, such a ham gaining history is not determinative of the unit issue herein See Matter of Union Fork & Hoe Company , 63 N L R B 194 , and Matter of Licor, Inn, 46 N L R B 1035 ROANE-ANDERSON COMPANY 269 On the other hand, we are of the opinion that there exists a sufficient community of interest among the employees on the Manual Schedule to warrant finding that, as argued by the A. F. of L., they may bar- gain as a separate appropriate unit. The Employer seeks to exclude general foremen listed on its Manual Schedule. The A. F. of L. would include them. Inasmuch as the record discloses that general foremen have authority effectively to recommend discliarges, we shall, in accordance with our usual policy, exclude them from the unit sought by the A. F. of L. We find that all employees listed on the Employer's Manual Sched- ule, excluding general foremen, 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. Unit proposed by the I. A. ill. The I. A. M. requests a unit composed of all the Employer's me- chanics, machinists, millwrights, and their apprentices and helpers, all of whom are listed on the Manual Schedule. The Employer, the A. F. of L., and the C. I. O. oppose the creation of such a unit. The I. A. M. has not demonstrated that the employees whom it seeks to represent constitute either a recognized craft group or a division or department of the Employer's operations. We are of the opinion that the record does not establish a sufficient reason for separating these employees from the others covered by the Employer's Manual Schedule. Accordingly, we find that the unit sought by the I. A. M. is inappropriate, and we shall, therefore, dismiss its petition. The unit proposed by the Fire Fighters The Fire Fighters seeks a unit consisting of all employees of the Employer performing the duties of fire fighter, senior fire fighter, fire department dispatcher, fire department inspector, and fire department captain, excluding supervisory employees above the rank of captain. As indicated above, the fire department is a separate unit of the Em- ployer's operation, under the supervision of the Fire Marshals The employees sought by the Fire Fighters, like the firemen in a municipal fire department, are on duty for 24 hours on one tour and are then off duty for 24 hours. Accordingly, we find, based upon their special skills, peculiar hours of work, and other conditions of employment, we shall place the I A M on the ballot in the unit requested by the A F of L If the I A M. wishes to withdraw from participation in the election it may do so upon notice to that effect given to the Regional Director , in writing , within five (5) clays from the date of the Direction of Election herein See footnote 2, supra. 270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and the administrative separation of the fire department from the Employer's other operations, that the non-supervisory employees of the fire department sought by the Fire Fighters constitute a separate appropriate bargaining unit. The fire captains, whom the Fire Fighters seeks to include in the unit, are in charge of the Employer's fire stations and have control of the persons employed there, directing their work and having authority to recommend their discharge. While the Fire Fighters contends that it is customary to include fire captains within the unit in municipal fire departments, no evidence was offered to support this contention. Inasmuch as the fire captains fall within our usual definition of super- visory employees, we shall exclude them from the unit. We find that all fire fighting employees in the Employer's fire department, but excluding the fire captains, and all other supervisory employees with the 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. DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the purposes of collective bargaining with Roane-Anderson Company, elections 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 Tenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employees in the units 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 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 elections, to determine: (a) whether the employees in the fire fighting unit, described in Section IV, desire to be represented by International Association of Fire Fighters, A. F. of L., or by Atomic Workers Organizing Committee,, C. I. 0., for the purposes of collective bargain- ing, or by neither; and (b) whether the employees in the Manual Unit, described in Section IV, desire to be represented by American Federa- ROANE-ANDERSON COMPANY 271 tion of Labor,7 or by Atomic Workers Organizing Committee, C. I. 0., or by International Association of Machinists, for the purposes of collective bargaining, or by none. ORDER Upon the basis of the foregoing findings of fact, and upon the entire record in the case, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of Roane-Anderson Company, Oak Ridge, Tennessee, filed by International Association of Machinists, be, and it hereby is, dismissed. APPENDIX A ROANE-ANDERSON COMPANY-CLASSIFICATIONS AND WAGE RATES FOR REGULAR MAINTENANCE AND MISCELLANEOUS OPERATING WORK, MARCH 18, 1946 Classification Air Tool Operator Apprentice (All Trades) 1st Period A 1st Period B 2nd Period 3rd Period 4th Period 5th Period (Line & Substation Maintenance Only) Asbestos Worker Asphalt Raker Assistant Substation Operator Battery Serviceman Blacksmith Blacksmith Helper Body & Fender Repairman Boiler Fireman Foreman Boiler Fireman, 1st Class Boiler Fireman, 2nd Class Boilermaker Boilermaker Helper Bricklayer Foreman Bricklayer , Since the designation "American Federation of Labor and its Affiliates," the Petitioner in Case No 10-R-2027, is too indefinite for the purposes of certification we shall designate the A F. of L. on the ballot simply as "American Federation of Labor " If the A. F. of L. desires certification of its local affiliates it should notify the Regional Director in writing of the names of such affiliates within five ( 5) days from the date of this Direction. 717734-47-vol. 71-19 272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Building Maintenance Mechanic Foreman Building Maintenance Mechanic Building Maintenance Mechanic Helper Carpenter General Foreman Carpenter Foreman Carpenter Cement Finisher Chemist, Sewage Treatment Plant Chemist, Water Plant Analytical Chief Operators Substations Coal Yard Tender Coal & Rubbish Truck Tender Electrician General Foreman Electrician Foreman Electrician Equipment Operator Foreman Equipment Operator, Heavy Equipment Operator, Miscellaneous Equipment Operator Special (Garage) Furnace Fireman Foreman Furnace Fireman Furnace Maintenance Mechanic Foreman Furnace Maintenance Mechanic Electrical Trouble-Man Furnace Maintenance Mechanic Trainee, 2nd Cl. Garage Attendant Gas S, Diesel Mechanic General Foreman Gas & Diesel Mechanic Foreman Gas & Diesel Mechanic Gas & Diesel Mechanic Helper Glazier Foreman Glazier Groundman-Line Maintenance Ice Handler Routeman (Ice) Ice Plant Operator Inspector (Final Inspection Automobile Repairs) Inspector, Preventive Maintenance Labor Foreman, Senior Labor Foreman Labor Subforeman Labor Leader Laborer Lineman General Foreman Lineman Foreman ROANE-ANDERSON COMPANY Lineman Locksmith Locomotive Engineer Over 20 Ton Locomotive Engineer Under 20 Ton Locomotive Fireman Lubricator Machinist Machinist Helper Millwright General Foreman Millwright Foreman Millwright Millwright Helper Oiler Painter, General Foreman Painter Foreman Painter, Auto Painter, Sign Painter, Brush Painter, Spray Paint & Body Shop Foreman Plasterer Plumber, General Foreman Plumber Foreman Plumber Plumber's Helper Pump Operator, Principal Pump Operator, 2nd Class Pump Operator, 3rd Class Pump Operator, Pumping Station Pump Operator (Bulk Plant) Railroad Switchman Railroad Laborer Radiator Repairman Roofer Foreman Roof er Service Station Attendant Sewage Disposal Plant Superintendent Sewage Plant Operator, Principal Sewage Disposal Plant Operator, Senior Sewage Disposal Plant Operator, Assistant Sewage Disposal Plant Operator, Junior Sheetmetal Worker General Foreman Sheetmetal Worker Foreman Sheetmetal Worker Sheetmetal Worker Helper 273 274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Special Freight Handler Steam Plant Maintenance Foreman teamfitter General Foreman Steamfitter Foreman Steamfitter Steamfitter Helper Steam Jenny Operator Structural Steel Worker Foreman Structural Steel Worker Substation Operator Tender Tire Shop Foreman Tire Shop Assistant Foreman Tire Repairman Tractor Operator Train Foreman Truck Operator Foreman Truck Operator (Under 31/2 ton) Truck Operator (31/2 ton to 71/2 ton) Truck Operator (71/2 ton and over) Truck Operator ( Special Equipment) Truck Operator (Power System Maint.- Spec. Equipment) Tree Surgeon Tree Pruner Upholsterer Foreman Upholsterer Upholsterer Helper Water Plant Superintendent Water Plant Operator, Principal Water Plant Operator, Senior Water Plant Operator, Assistant Water Plant Operator, Junior Water Plant Operator, Apprentice Welder Receives the rate prescribed for the craft performing the opera- tion to which the welding is incidental Welder Helper Receives the rate prescribed for the helpers to the craft per- forming the operation to which the welding is incidental Window Washer