02/13/2025: Two Elections Ordered
A couple of generic decisions regarding unit appropriateness.
Sofidel America Corporation, 09-RC-345188 (Regional Election Decision)
This Regional Election Decision involves a union petition by Teamsters Local 413 to represent 231 converting department employees at Sofidel America's Circleville, Ohio paper products facility. The key issue was whether the petitioned-for unit of converting department employees was appropriate, or whether, as the employer argued, the smallest appropriate unit must include all 416 production and maintenance employees.
The converting department converts large paper reels into finished products like tissue paper and paper towels. The department has its own manager, supervisory structure, work location, and job classifications. Converting employees rarely interact with other departments, as most material transfers are automated. They have distinct uniforms, break rooms, and work schedules.
The Regional Director applied the American Steel Construction test, which examines whether: (1) the petitioned-for employees share an internal community of interest, (2) the unit is readily identifiable as a group, and (3) the excluded employees do not share an "overwhelming community of interest" with the included employees.
The Director found the converting department employees share an internal community of interest based on their common department, supervision, work location, and integrated function. The unit was readily identifiable as a distinct department with clear job classifications.
On the key question of whether other production employees shared an overwhelming community of interest, the Director analyzed traditional factors including: departmental organization, skills/training, job functions, contact between employees, interchange, and terms of employment. While there was some functional integration in the production process and limited interchange between departments, the Director found the strong departmental boundaries, separate supervision, distinct job functions, limited contact between employees, and different terms of employment meant there was not an overwhelming community of interest requiring a larger unit.
The Director concluded the petitioned-for converting department unit was appropriate and directed an election.
Significant Cases Cited
American Steel Construction, 372 NLRB No. 23 (2022) - Reinstated the "overwhelming community of interest" standard for determining appropriate bargaining units.
PCC Structurals, Inc., 365 NLRB No. 160 (2017) - Established the traditional community-of-interest test later modified by American Steel Construction.
The Boeing Company, 368 NLRB No. 67 (2019) - Clarified the three-step analysis for the traditional community-of-interest test.
Clean Harbors Environmental Services, Inc., 32-RC-356381 (Regional Election Decision)
The case involves Clean Harbors Environmental Services in Stockton, CA, where Teamsters Local 439 sought to add approximately 48 Drivers to an existing bargaining unit of 4 Mechanics through an Armour-Globe self-determination election.
The Regional Director analyzed whether the Drivers shared a sufficient community of interest with the existing Mechanic unit by examining several factors:
Departmental Organization: Drivers and Mechanics operate under separate business lines, weighing against community of interest.
Skills/Training: Both groups require some overlapping certifications but distinct core skills, considered neutral.
Job Functions: Despite distinct roles, there is significant functional overlap in maintaining and operating vehicles, favoring community of interest.
Functional Integration: Strong integration exists as Drivers rely on Mechanics for vehicle maintenance and communicate through a formal system for repairs.
Contact: Regular interaction occurs during vehicle maintenance and shared facility use, supporting community of interest.
Interchange: Little evidence of employee interchange between positions, weighing against.
Terms of Employment: Similar wages, benefits and HR policies slightly favor community of interest.
Supervision: Separate supervisory structures weigh against community of interest.
The Regional Director found sufficient community of interest overall, particularly emphasizing the high level of functional integration and regular contact. They directed a mail ballot election due to drivers' scattered locations and variable schedules.
Significant Cases Cited
Warner-Lambert Co., 298 NLRB 993 (1990) - Established criteria for determining appropriateness of Armour-Globe elections.
Great Lakes Pipe Line Co., 92 NLRB 583 (1950) - Clarified that petitioned-for units need not be the most appropriate, just an appropriate unit.
Public Service Co. of Colorado, 365 NLRB 1017 (2017) - Emphasized importance of administrative groupings in evaluating community of interest.
Walt Disney Parks & Resorts, U.S., Inc., 373 NLRB No. 99 (2024) - Reinforced consideration of functional integration and job function overlap in community of interest analysis.