Allis-Chalmers Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 22, 1957

117 N.L.R.B. 749 (N.L.R.B. 1957)

ALLIS-CHALMERS MANUFACTURING CO. 749
,of the votes cast in the election, we shall certify the Petitioner as rep-
resentative of the employees in the appropriate unit.
[The Board certified International Union, United Automobile, Air-
^craft & Agricultural Implement Workers of America, AFL-CIO, as
the duly designated collective-bargaining representative of the em-
ployees in the appropriate unit.]
Allis-Chalmers Manufacturing Company and International
Union, United Automobile, Aircraft and Agricultural Imple-
ment Workers of America (UAW-AFL-CIO), Petitioner. Case
No. 6-RC-1864. March 22,1957
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Joseph Thackery,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Murdock and Rodgers].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following rea-
.sons :
The Petitioner seeks to represent a unit of all drafting employees
in the maintenance department at the Employer's Pittsburgh,
_Pennsylvania, Works. The Employer contends that this unit is
inappropriate.
The Employer's Pittsburgh Works consists of five buildings or
plants. Operations are subdivided into general manager's, account-
ing, engineering, purchasing, and manufacturing divisions. Since -
1949 the Petitioner has represented a unit of hourly paid production
and maintenance employees, all of whom are in the manufacturing
division.'.
In the maintenance department, which is part of the manufacturing
division, there are five drafting employees in the classifications of
$ See 84 NLRB 30.
117 NLRB No. 109.
750 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
draftsman A, draftsman B, detailer, and tracer. These employees'
make layouts, sketches, and designs for jigs and fixtures needed in
production areas. The Employer in hiring employees for these jobs
prefers that they have schooling in drafting and familiarity with
standard drafting practice. All of the employees presently in these,
classifications have had at least a year of technical school training. We
find, accordingly, that they are technical employees.2 It does not ap-
pear that there are any other technical employees in the maintenance,
department. However, other unrepresented employees at the Works
include approximately 125 electrical testers, an undisclosed number of
plant engineering department employees, 8 to 12 time-study employees
in the manufacturing division, and engineering assistants and labora-
tory assistants in the engineering division. It appears from the present
record that some if not all of these unrepresented employees are also
technical employees,3 and the record does not establish that the interests
of the draftsmen are materially distinguishable from the interests of
the other unrepresented technical employees. As the Board will not,
under such circumstances, find appropriate a unit consisting of only a
segment of the Employer's unrepresented technical employees,' we
find that the unit sought is inappropriate and will dismiss the petition.
[The Board dismissed the petition.]
2 The Firestone Tv e and Rubber Company, 112 NLRB 571, 572
s There are also drafting employees in the engineering division. With one exception,
however, these employees are in a separate bargaining unit represented by the Petitioner
by virtue of a consent-election agreement in Case No 6-RC-1843. See Decision and
Certification of Representatives therein, 117 NLRB 744, denying the Employer's motion
to vacate the consent-election agreement
4 Boeing Airplane Company, 116 NLRB 1775, Plank intou Packing Company, 116 NLRB
1225; Solar Atiicraft Company, 116 NLRB 200
General Motors Corporation, Chevrolet Motor Division , Chevrolet
Experimental Engineering Center, Warren , Michigan' and
Pattern Makers' League of North America, Detroit Associa-
tion , AFL-CIO , Petitioner. Case No. 7-RC-2767. March 22,1957
ORDER DENYING MOTION FOR CLARIFICATION
OF CERTIFICATION
On May 12,1955, following an election held pursuant to a "Stipula-
tion for Certification upon Consent Election," the Board issued a
certification of representatives in which the Petitioner was certified
as the exclusive bargaining representative of a union of pattern-
maker's and modelmakers . Thereafter , on December ' 3, -1956, the
Petitioner filed a "Motion for Clarification of Certification" stating
The Employei's name appe.ns as stipulated by the parties at the ien6nii ` lie:iring
117 NLRB No. 113.