American Can Co.

National Labor Relations Board - Board Decisions

Jul 19, 1948

78 N.L.R.B. 416 (N.L.R.B. 1948)

In the Matter of AMERICAN CAN COMPANY, EMPLOYER and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, LODGE 304, PETITIONER
Case No. 2-R-7652
SECOND SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
July 19,19.18
On January 27, 1948, the National Labor Relations Board issued
its Decision and Direction of Election in the above-entitled proceeding.,
On February 11, 1948, all parties jointly filed with the Board a
"Request for Board Approval of Consent of Parties as to Voting
Group and as to Extension of Time for Conduct of Election." 2 There-
after, on March 23, 1948, the Board issued a Supplemental Decision
and Order 3 modifying the description of the voting group to read as
follows :
All tool and die makers and their apprentices, and shop mainte-
nance, and production machinists, and their apprentices at the
Employer's Hudson Plant, excluding tool crib attendants, tool
grinders and their helpers, production mechanics and production
mechanics-in-training, and supervisors as defined in the Act.
Upon the issuance of said Supplemental Decision and Order the
Employer requested the Board further to amend the description of
the voting group by including therein tool grinders and their helpers,
production mechanics, and production mechanics-in-training.
On April 20, 1948, the Board ordered that the case be remanded
for further hearing,4 for the purpose of taking additional testimony
concerning the composition of the voting group with particular at-
tention to the functions, duties, and relationships of tool and die
makers, machinists in all departments, tool grinders and their helpers,
production mechanics, and production mechanics-in-training.
1 75 N L R. B. 1127.
2 On February 24, 1948, the Board extended the time for holding the election to sixty
{ 60) days from the date of issuance of the Direction of Election.
8 76 N. L R B 945.
4 The Board also ordered that the election directed in this proceeding be stayed until
further order of the Board.
78 N. L. R. B., No. 52.
416
AMERICAN CAN COMPANY 417
Pursuant to the Board's order of April 20, 1948, a hearing was held
before a hearing officer of the National Labor Relations Board. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the entire record in this case, the Board 5 makes the following
findings :
The tool grinders and their helpers work in close relationship with
tool and die makers and machinists in the machine shop. They do
external and internal grinding on tools as well as surface grinding
on machine parts, although they cannot handle all tools in the machine
shop. They are under the same supervision as the other employees
with whom they work in the machine shop, and their wage rates are
comparable with those of the machinists, and they are required to
serve an apprenticeship of 4 years.
As to the production machinists and production mechanics, the rec-
ord shows that these employees have essentially the same duties and
perform the same type of work for approximately 75 to 95 percent of
their working time. The technical skill required of employees in these
two categories is substantially the same except that production ma-
chinists may spend from 5 to 15 percent of their working time in the
machine shop fabricating new parts. Production machinists, and pro-
duction mechanics and production mechanics-in-training, are substan-
tially interchangeable.
From the foregoing facts and upon the entire record in the case, we
are of the opinion that tool grinders and their helpers, and production
mechanics and production mechanics-in-training possess similar skills,
perform comparable work, and have a community of interests with the
employees in the voting group as previously established by the Board.
Accordingly, we shall include in the voting group, tool grinders and
their helpers, and production mechanics and production mechanics-
in-training.
In accordance with the foregoing, we shall direct that an election be
held among all tool and die makers and their apprentices, and shop,
maintenance, and production machinists and their apprentices, tool
grinders and their helpers, production mechanics and production me-
chanics-in-training, at the Employer's Hudson plant, excluding tool
crib attendants, and supervisors as defined in the Act.
If, in this election, the employees select the Petitioner, they will
be taken to have indicated their desire to constitute a separate bar-
gaining unit. We shall not place the name of the Intervenor, Federal
6 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 -man panel consisting of the undersigned
Board Members [ Houston, Reynolds, and Gray].
418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Labor Union, Local 23393, on the ballot, inasmuch as it is not in com-
pliance with the filing requirements of Section 9 (f), (g), and (h)
of the Act.
SECOND DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible but not later than thirty
(30) days from the date of this Second Direction, under the direction
and supervision of the Regional Director for the Second Region, and
subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations-Series 5, among the employees in the
voting group described above who were employed during the pay-roll
period immediately preceding the date of this Second Direction, in-
cluding employees who did not work during said pay-roll period be-
cause they were ill or on vacation or temporarily laid off, 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 election,
and also excluding employees on strike who are not entitled to rein-
statement, to determine whether or not they desire to be represented
by International Association of Machinists, Lodge 304, for the pur-
poses of collective bargaining.