Beaunit Mills, Inc.Download PDFNational Labor Relations Board - Board DecisionsAug 2, 1954109 N.L.R.B. 651 (N.L.R.B. 1954) Copy Citation BEAUNIT MILLS, INC. 651 BEAUNIT MILLS, INC., COOSA PINES DIVISION 1 and LOCAL UNION No. 91, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA, AFL, and LODGE No. 985, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL, and INTERNATIONAL CHEMICAL WORKERS UNION. AFL, and LOCAL UNION No. 1629, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETITIONERS. Cases Nos. 10-RC-24611 2493, 2494, 2495, 2496, 2506, 2507, 2527, and 2534. August 2,1954 Decision, Order, and Direction of Elections Upon separate petitions filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held in the above- entitled cases before John C. Carey, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. At the hearing, the Employer and the United Textile Workers of America, AFL, herein termed the,Textile Workers, moved to dismiss the petition in Case No. 10-RC-2527 on the ground that the Board had not made a proper administrative de- termination of the showing of interest of the Petitioner herein. The motion, referred to the Board by the hearing officer, is hereby denied 2 Motions to dismiss, in Case No. 10-RC-2527 and in the remaining cases herein, grounded on the contention that the unit or units requested are inappropriate, also submitted by the Employer and the Textile Work- ers at the hearing and referred to the Board, are granted or denied in accordance with the findings set forth hereinafter under paragraph numbered 4. On February 5, 1954, after the hearing had closed, the Employer moved to correct certain errors in the transcript of hearing, and, on February 10, Local Union 91, United Association of Journey- men and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL, herein termed the Plumbers, filed general opposition to the motion of the Employer. The motion to correct the transcript of hearing is hereby granted. Upon the entire record in these cases, the Board finds: 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. I The name of the Employer appears as amended at the hearing. 2 See Kearney it Trecker Corporation, 95 NLRB 1125. 8 The Textile workers were granted intervention at the hearing by the hearing officer on showing of a contractual interest in the representation of employees included in the various units sought in these petitions 109 NLRB No. 95. 652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. The Employer is engaged in the manufacture of rayon yarn. Its Childersburg, Alabama, plant, was placed in operation in 1949 and is known as the Coosa Pines Division. The Childersburg plant employs approximately 1,000 employees and is in continuous operation on a 24- hour day, 7-day week basis. In 1949, prior to the commencement of actual production, Local 136 of the International Brotherhood of Electrical Workers was certified by the Board as collective-bargain- ing representative of the filter plant and powerhouse employees at the Childersburg location. Thereafter, in the fall of 1949, the Tex- tile Workers were certified by the Board as collective-bargaining rep- resentative of the production and maintenance employees excluding the powerhouse group previously certified. The bargaining rela- tionship established at that time has continued to the present date. The Plumbers, in Case No. 10-RC-2461, requests that the Board find appropriate a unit of all maintenance pipefitters, welders, instru- ment mechanics, their helpers, and air-conditioning men. Local Union No. 1629, International Brotherhood of Electrical Workers, AFL, herein termed the Electricians, requests, in Case No. 10-RC- 2534, a unit consisting of all maintenance electricians, helpers, and the electrician oiler. In Cases Nos. 10-RC-2493, 2494, 2495, 2496, 2506, and 2507, respectively, Lodge No. 985, International Association of Machinists, AFL, herein termed the IAM, requests that the Board find appropriate separate units of (a) all carpenters and beam assem- blers, (b) all plant automotive truckdrivers, (c) all millwrights and their helpers, (d) all machinists, all millwrights, all mechanics, all shift maintenance mechanics, all power servicemen, all oilers, and all maintenance helpers including spraymen, filtermen, and machine cleaners, (e) all painters, and (f) all laborers including power and/or lift truck operators. The International Chemical Workers Union, AFL, herein termed the Chemical Workers, seeks, in Case No. 10- RC-2537, separate units of (a) all employees in the laboratory de- partment, (b) all employees in the viscose, bleach, and spinning de- partments, or (c) a combination of the two requested groups. Sev- eral of the Petitioners also expressed alternative positions which are discussed hereinafter. The Employer and the Textile Workers both vigorously oppose the petitions in their entirety and contend that the only appropriate unit for purposes of collective bargaining at the Childersburg plant is the broad production and maintenance unit now represented by the Tex- tile Workers. In support of this contention, the -Employer and the Textile Workers stress, as an overall consideration, the high degree of integration of the Childersburg plant and the interdependence and coordination of all production processes and employee duties therein. The Employer and the Textile Workers also assert that the rayon and synthetics industry as a whole have developed a predominantly in- BEAUNIT MILLS, INC. 653 -dustrial type of organization and representation and that the entry of craft representation into the industry would lead to great numbers of unions bargaining for employees at the same plant to the detriment of production and employees' interests. The Board has, however, recently ruled that "the right of separate representation should not be denied the members of a craft group merely because they are em- ployed in an industry which involves highly integrated production processes and in which the prevailing pattern of bargaining is in- dustrial in character." 4 At the same time, however, the Board set forth certain considerations which must be met in those instances, such as herein, where certain groups are sought to be severed from the existing broad production and maintenance unit on the ground that they possess craft skills or constitute appropriate departmental groups. Accordingly, we deny the motions to dismiss the petitions insofar as they are grounded upon the general contentions of the Em- ployer and the Textile Workers stated above, but shall proceed to the consideration of whether or not the units sought to be severed herein meet the standards established in American Potash c Chemical Corporations The units requested by the Plumbers, the Electricians, and the IAM all concern employees in the maintenance department of the Childers- burg plant. There are 250 maintenance employees classified, respec- tively, as shift maintenance mechanics, millwrights, welders, pipe- fitters, truckdrivers, spraymen, filtermen, oilers, machine cleaners, helpers, electricians, bobbin and pot maintenance repairmen, X-ray man and pot washer, pot washer, electrical oiler, painters, carpenters, beam assemblers, power truck operators, laborers, air-conditioning men, instrument mechanics, and power serviceman. The maintenance department is under the general supervision of the chief engineer, while the assistant plant engineer, master mechanic, assistant master mechanic, and a number of foremen provide more or less direct super- vision of these groups. During the two shifts which operate between 4 p. m. and 8 a. m., however, the maintenance personnel on duty must rely, for the most part, on production department supervisors. Dur- ing the day shift between 8 a. m., and 4 p. m., moreover, maintenance personnel may be directed, from time to time, by certain of the pro- duction supervisors including the shift supervisors. Certain other conditions affect maintenance personnel in general. As the Employer's production of rayon yarn involves a continuous, timed cycle of operations, most maintenance is prescheduled and pre- ventive in nature. Practically all maintenance employees work all or most of their time in the production areas of the plant and much of the work involves close contact with production employees. Illustra- ' American Potash & Chemical Corporation, 107 NLRB 1418. 6 107 NLRB 1418. 654 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tive of this is the "candle filter change," a routine, prescheduled clean- ing and repair of the spinning machines which is continuously performed. The candle filter change in the pot spinning department involves the coordinated efforts of a "team" of spraymen, filtermen, millwrights, X-ray man, pot washer, pipefitter, electrician, electrician oiler, mechanical oiler, and welder together with the production spin- ning employees. The same candle filter change in the continuous spin- ning unit is composed of a crew of filtermen, millwrights, bobbin maintenance man, pipefitter, electrician, oiler, welder, machine clean- ers, painters, helpers, and such spinning personnel as the doffers and spinners. The Employer fills most of the specialized maintenance classifica- tions through transfer and promotion from a "helper pool" rather than by direct hiring of applicants holding journeyman status in particular crafts. The record also shows that there are transfers from production positions to maintenance classifications and in the reverse direction. The Employer has no apprenticeship program or compa- rable scheduled progression to a journeyman status and, although class A, B, and C designations exist for some maintenance classifications, there is no journeyman or apprentice designation recognized in the plant. The great majority of employees now in the maintenance de- partment were, prior to hiring by the Employer, in occupations such as laborer, textile production worker, farmer, student, retail clerk, truckdriver, auto mechanic, sawmill worker, and salesman. Em- ployees receive on-the-job training restricted to the specific duties of their particular job. Progression to a higher paid designation (such as to class B from class C pipefitter) is dependent upon the existence of a vacancy rather than upon the completion of a period of training or the passage of a specified period of time. Bidding on such vacancies is governed by the applicant's respective seniority-the only other requirement being general physical and mental capacity-and the successful bidder receives a 45-day probationary period at the end of which, he is either retained in the classification or returned to his old job. Testimony at the hearing indicated that only once has an enI- ployee failed to successfully pass this probationary period. Seniority is measured by length of employment in the plant and in the depart- ment. All maintenance employees, except for electricians, carpenters, air-conditioning employees, and laborers are in one department for seniority purposes. The unit sought by the Plumbers : The Plumbers request that the Board find appropriate a unit of all maintenance pipefitters, welders, instrument mechanics, their helpers, and air-conditioning men. There are at present 8 employees in the pipefitter classification, of whom 5 are designated as class A and 3 as class C. One class A pipe- fitter and one class C pipefitter spend their full time covering pipe BEAUNIT MILLS, INC. 655 to the exclusion of any pipefitting tasks. Another class C pipefitter spends his full time coupling connections to freight cars bringing in chemicals for the plant . The remaining pipefitters spend 80 percent of their time working throughout the plant doing maintenance work on process piping, water , and steam lines , tearing down , cleaning, and reassembling storage tanks , and in repair and maintenance pipework in the various departments . The major portion of their work is scheduled according to the demands of the production cycles. A pipefitter is regularly assigned to the candle filter change "team" pre- viously described. The pipefitters are under the supervision of the assistant master mechanic . A pipeshop is located in a corridor adjacent to the spin- ning room but none o; the pipefitters spend all or most of their time in the shop . Like other maintenance employees , the pipefitters, when working in production areas, are also supervised by production super- visors. In the absence of the pipefitters , who work only the day shift, pipework may be done by the shift maintenance mechanic or the mill- wrights. Applicants bidding for pipefitter positions are required to have average intelligence and be able , physically, to work with the necessary tools and equipment . Pipefitter vacancies are filled in the manner described above applying to all maintenance positions. How- ever , the record shows that four of the pipefitters have had more than 5 years' experience in that field. There are 3 employees in the welder classification of whom 2 are designated class B and 1 class A. - The class A welder welds all types of metals while class B welders work on steel and iron. They work most of the time with portable equipment out in the plant although welding on heavy equipment is done in the pipeshop . The welders do both pipework and flatwork including work on tanks , and fences and gates outside the plant and are assigned as a part of the candle filter change "team " previously referred to. None of the Employer 's weld- ers has been certified and where insurance policies require work to be done by a certified welder, the job has been done by outside , contract labor. The welders are under the general supervision of the assistant master mechanic but may also be supervised by production supervisors while working in the plant. Three employees are classified as instrument mechanics, and are designated, respectively , as class A , class B, and class C in that group . The class C instrument mechanic spends 6 hours a day changing charts on various pressure , temperature , and humidity in- truments in the plant . He also checks scales and helps the class A and B men. The class B instrument mechanic does routine mainte- nance on recorders and controllers operating the charts and makes necessary changes in the control settings ; the routine maintenance consisting of the cleaning of components . The class A instrument 656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mechanic's duties are the same as those of the class B mechanic except that he also changes tubes in the two electronic controls located in the plant. Major repairs on electronic equipment are done by the manu- facturer of the equipment. In the absence of the instrument me- chanics, helpers from the maintenance helper pool change the charts. There are nine employees classified as air-conditioning men. Of these, one works only during the day while the remainder are as- signed to rotating shifts. The air-conditioning men are under the supervision of the air-conditioning supervisor. In the absence of this supervisor and during 2 of the 3 daily shifts they may be supervised by production supervisors. The primary duty of the air-condition- ing men is to patrol the air-conditioning machinery in the plant to insure that it is operating properly and to maintain a log as to the results of the patrols. From 50 to 60 percent of the patrol is spent in walking; 20 percent is spent in making a "sling" temperature and humidity check; and approximately 12 percent of the time is spent in making out the log. Air-conditioning men may make minor re- pairs but major repairs and overhauls are done by the air-conditioning machinery manufacturer. The Employer testified that air-condition- ing men are trained on-the-job in a month to 6 weeks and about half the present air-conditioning men were formerly in production positions. In the Board's decision in American Potash, the Board specified that a "true craft unit consists of a distinct and homogeneous group of skilled journeymen craftsmen, working as such, together with their apprentices and/or helpers." Although the Employer does not, as noted previously, recognize or designate any of its employees as jour- neymen, and has no ,apprenticeship system, we believe that this record establishes that the bulk of the Employer's pipefitters possess and ex- ercise the range of skills and perform the duties of journeymen in that craft. We find, therefore, that the Employer's pipefitters constitute a distinct group of craft employees such as have been consistently held to be entitled to separate representation, if they so desire, despite a history of bargaining on a broader basis. We find further, in accord with the requirements set forth in American Potash, that the Plumbers, as a union which has historically represented separate units of pipe- fitters, is eligible to request the separate representation of these em- ployees. It is also clear from the record, however, that the Employer's instru- ment mechanics and air-conditioning men do not, apart from other considerations, exercise the skills of the plumbing and pipefitting craft. Nor does the record disclose any close association of these classifica- tions with the pipefitter group or a line of progression from those classifications to the latter group. We shall, accordingly, not include BEAUNIT MILLS, INC. 657 the instrument mechanics and air-conditioning men.6 The welders, whom the Plumbers would also include in their requested unit, are the only employees in the plant doing welding work as a regularly assigned part of their duties. Although the welders work with the pipe- fitters for a considerable portion of their time, one welder is assigned with other maintenance and production classifications to the candle filter change "team" and it is clear that the welders do welding with millwrights and others which is not performed in conjunction with the pipefitters. Accordingly, we shall exclude the welders from the pipefitter voting group.? The Plumbers also request the inclusion of helpers. The Employer maintains what it terms a "helper pool" consisting of 36 employees under the general supervision of the master mechanic and under the direct supervision of production or maintenance supervisors in the work area of the job to which they are assigned. The Employer con- tends that the helpers are not regularly assigned to any group but may be shifted as the need arises. On the other hand, it appears that five helpers are more or less consistently assigned to work with the pipefit- ters and welders. Where a helper is regularly assigned to work with a craft group and where such assignment is a recognized step in the progression upwards in a craft group, the Board has included such helpers within the craft group. In the instant case, however, the as- signment of the helpers is shared by both welders and pipefitters. Moreover, it is clear that a vacancy in the pipefitter classifications would be filled by the bidder-from the general helper group or others-with the highest seniority rather than necessarily by the "pipe- fitter helper." Accordingly, we shall exclude the helpers from the pipefitter voting group.8 The unit sought by the Electricians: The Electricians request that the Board find appropriate a unit of all maintenance electricians, help- ers, and the electrician oiler. Of the 16 employees classified as elec- tricians in the Childersburg plant, 4 are designated as class A, 8 as class A shift electricians, 2 as class B, and 2 as class C. During the day, shift, the electricians are under the supervision of the chief electrician. During other shifts and in the absence of the chief electrician, they may be supervised by production supervisors. There is an enclosed area in the plant which is known as the electrical shop and which in- cludes, as equipment, a small engine lathe and a drill press. The electricians are in a separate group for purposes of departmental seniority. 6 Cf North American Aviation , Inc., 108 NLRB 863 ; American Tobacco Company, Inc., 108 NLRB 1211 7 See Western Electric Company, hte, 108 NLRB 396; Intel national Paper Company, 96 NLRB 295 at 297-8. 8 Cf. American Tobacco Company, Inc, supra. 658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The duties of the Employer's class A electricians are described as "major repairs" on electrical equipment, rewiring, running conduits, pulling wire, and performing preventive maintenance on electrical equipment. They work only on the day shift and perform their duties in the shop from portable work benches. Witnesses for the Employer testified that little or no work is done on "hot" wires or lines, and that electricians from outside the plant would be used on work involving the highest voltages. A small amount of work is done by the class A electricians in the powerhouse area. This repair work was described as disconnecting burned out motors, resetting overloads on motors, and changing and cleaning contacts in control panels. During the yearly maintenance check on the turbogenerators in the powerhouse, an out- side contractor sends in the skilled technical help and the physical labor is done by plant employees including 1 or 2 of the class A electricians. One class C electrician spends his entire time replacing light bulbs and fluorescent tubes which have burned out. The other class C elec- tricians and 1 class B electrician spend their entire time in the main- tenance of 15 electrical trucks and 2 gasoline driven trucks used within the plant. Their duties in this regard include greasing, oiling, and mechanical repairs. The remaining class B electrician is assigned full time to maintenance of the pot spinning motors. This work consists of disassembling the motors, replacing worn parts, cleaning, and re- assembling the motors but does not include rewinding. All rewind- ing of the Employer's electrical motors is done by contract with an outside firm. The class A shift electricians patrol the plant checking to see if motors are hot, take meter readings, and change and recharge the batteries in the plant lift trucks. The electrical oiler's duties are confined to oiling the electrical motors in the pot spinning equipment. In his absence, his duties are per- formed by the class C electricians. Oiling of other electrical motors in the plant is done by the oiler classification employees. The record is not clear as to those helpers who may be assigned from time to time to assist the electricians. The electrical oiler, but not the helpers, is included in the separate electrical seniority group. Electrical oilers have in the past bid successfully for electrician classifications. Ap- proximately half the employees in electrician classifications had elec- trical work experience in the past although the Employer does not re- quire such experience as a prerequisite. Although there is some question on the entire record, the Board finds that the Employer's class A electricians perform the duties and possess the skills of journeymen electricians despite the absence of any journeyman designation at the Employer's plant and the somewhat restricted nature of their duties .9 While the shift electricians, the class 9 Cf. Clayton & Lambert Manufacturing Company, 108 NLRB 305. BEAUNIT MILLS; INC. 659 B and C electricians, and the electrical oiler do not possess or exercise the skills of journeymen electricians, they, by virtue of their inclusion in the separate electricians' seniority group, are in the line of progres- lion to such status.10 Such helpers as may be assigned to the electri- cians, however, are subject to the same conditions noted in the instance of the pipefitter helpers and are therefore, we find, not appropriately included in the voting group. Accordingly, the Board finds that the Employer's maintenance electricians and the electrical oiler constitute a distinct group of craft employees such as the Board has traditionally deemed to be entitled to separate representation if they so desire. We further find that the Electricians are a union which has historically represented separate units of maintenance electricians. _ The units sought by the IAM: The IAM requests that the Board find appropriate separate units of all carpenters and beam assemblers, all plant automotive truckdrivers, all painters, and all laborers. It is quite clear from the record that the Employer's plant automotive truck- drivers and laborers are neither craftsmen nor functionally distinct and separate departmental groups. Furthermore, without deciding whether or not the Employer's carpenters and painters are craftsmen entitled to severance, it is clear that the IAM is not a union which tra- ditionally represents such crafts and is not, accordingly, qualified to seek their separate representation herein.h1 We shall therefore dis- miss the petitions filed by the IAM for the carpenters, the plant truck- drivers, the painters, and the laborers. The JAM also requests a separate unit of millwrights, or, in the al- ternative, a unit of all millwrights, machinists, mechanics, shift main- tenance mechanics, power servicemen, oilers, and all maintenance help- ers including spraymen, filtermen, and machine cleaners. There are 29 employees classified as millwrights at the Childers- burg plant. Four of the millwrights are assigned to the various shifts while the remainder work only the day shift. Dependent upon the area in which they are working, they are supervised by the mechanical supervisor, the master mechanic, and the air-conditioning supervisor while the chief engineer exercises overall supervision. While working in production areas, and on shifts other than the day shift, the mill- wrights are also under production supervisors. Class A millwrights perform maintenance work on filter boxes, spinning machines, and shredder and viscose machines. Ninety percent of their work is con- cerned with pump repair. Class B millwrights are mainly concerned with maintenance work on textile machines. Class C millwrights are assigned to the spinning department on shifts. While the Employer does not have any employees classified as "machinists," two of the millwrights work in a shop where they ma- See North American Aviation, Inc , supra " See Mills Industrties , Incorporated , 108 NLRB 202 3345 11--55--vol 109---43 660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD chine shaftings, make bushings, and machine key ways, working to tolerances of one-half to one-thousandth of an inch. The shop is equipped with engine lathes, milling machines, shapers, and grinding machines. With the exception of the two millwrights just referred to, most of the millwrights spend the majority of their time outside the shop. Millwrights assigned to shifts work out of the spinning room while the majority of the other millwrights work out of a cage in the center of a unit of the spinning process or from mobile work benches. While employees generally progress from class C to class B to class A millwright, vacancies are filled by the seniority and bidding system previously noted. On at least one occasion, a production employee has bid directly for a class A millwright position and received that classification. As noted previously, the Employer does not have any employees in the classification of machinist. Neither are there employees in the plant classified only as "mechanics." There are approximately 16 shift maintenance mechanics assigned, as their title implies, to the various shifts. They are under the supervision of the mechanical supervisor who is also over the machine cleaners, filtermen, spraymen, and oilers. The shift maintenance mechanics are assigned to the vari- ous departments of the plant and spend the great majority of their time in these departments. While working in these areas, they also come under the supervision of the production supervisors. The duties of the shift maintenance mechanics are to generally maintain ma- chinery and equipment, piping, and leather belts, to pack pumps, do some carpenter work, clean and unplug sewers, bleed viscose produc- tion lines, dump defective viscose batches, make adjustments to pro- duction machinery if necessary, and help production employees to change accessories on their machines. Heavy or special repairs are done by millwrights, pipefitters, and others. As is true with other maintenance classifications, no prior experience is required of shift maintenance mechanics and they are trained on the job. There are no separate class A, B, or C designations among the shift maintenance mechanics. Shift maintenance mechanics are generally hired as main- tenance helpers and bid for these positions in the procedure heretofore discussed. The power serviceman, who is supervised by the master mechanic and the assistant master mechanic, works for the most part on equip- ment which has "power connected with it." He spends the greatest portion of his time in the powerhouse area where he lays refractory brick in shutdown boilers, refits chemical addition pipes in boilers, works on valves, fixes gauge glasses, maintains pumps, and opens, in- spects, and maintains the smaller turbines. He also does maintenance work on a bulldozer and a coal conveyor. His work in the plant ap- pears to be confined to checking and repacking steam valves. About BEAUNIT MILLS, INC. 661 one-fourth of his duties involve "pipe" work and he works in conjunc- tion with or is assisted by millwrights, pipefitters, helpers, and laborers. There are four oilers who perform routine oiling assignments at scheduled times on routes through the plant under the supervision of the mechanical supervisor. The latter individual also supervises the spraymen, filtermen, and machine cleaners . These three classifica- tions' duties are performed in conjunction with or as a part of the candle filter change operation and they are also supervised by the spin- ning shift supervisor of the production department. The two spray- men remove, wash, clean, and replace the spinning machine sprays.. The six filtermen clean the spinning sections of the spinning ma- chines by hosing them down with water. The two machine cleaners clean the lint , dirt, and oil from the textile or twisting section of the spinning machines with a rag. As we have previously noted, there are 36 employees classified as helpers who, collectively, constitute a pool under the general super- vision of the master mechanic and the direct supervision of main- tenance and production supervisors on the jobs to which they may be assigned. One helper is assigned to assist the shift maintenance mechanics on each shift and other maintenance groups generally have one or more helpers assigned to them. One helper cleans and issues hand tools in the machine shop while others work as a part of the candle filter change. The record shows, however, that with a few ex- ceptions the helpers may be and are shifted from one assigned to an- other as needed and work with all classifications in the maintenance department. By virtue of the job bidding system in force at the plant, helpers may and do bid successfully for vacancies in the maintenance classifications named in the IAM unit request. The bidding, however, is dependent upon seniority rather than past assignment as a helper to the classification sought in the bid. As previously stated, the IAM requests a unit of millwrights and/or a unit of millwrights and the classifications just discussed. Of these employees, it is apparent from the record that the oilers, spraymen, filtermen, machine cleaners, and helpers are neither craftsmen nor skilled employees. The power serviceman appears to possess skills of various crafts, but neither works exclusively or predominately with the employees sought in the IAM petitions or shares any close relation- ship with them. The Employer does not have any employees classi- fied, as specified in the unit request, as either "machinist" or "mechanic." In accord with its uniform practice, the Employer does not require prior experience or recognize either journeyman or apprentice status for its millwrights and shift maintenance mechanics. The Employer and the Textile Workers contend strongly that the work of these in- 662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD dividuals, in fact, is almost exclusively routine maintenance involving the performace of specialized tasks rather than the exercise of any craft skills. The record shows that of the employees classified as millwrights, only about one-third had previous experience in that field; the job backgrounds of the others include positions as textile production employee, farmer, truckdriver, weather insulating man, carpenter, pipefitter, welder, service station operator, and auto and air- craft mechanics. The same situation is true with respect to the shift maintenance mechanics. While the Employer's machine shop is equipped with the machines noted, only 2-employees in the classifica- tions sought do machinists work involving close tolerances and only 1 other millwright uses the lathe, the shaper, and the milling machine, respectively. The evidence shows clearly that the millwrights and the shift maintenance mechanics do predominantly routine mainte- nance work of a specialized rather than highly skilled nature. Illus- trative of this is the fact that the class A millwrights spend 90 percent of their time on pump repairs and that a large number of the mill- wrights are regularly assigned to the candle filter change where they work with other production and maintenance employees in a routine, scheduled, and repetitive maintenance operation. The shift main- tenance mechanics do an appreciable amount of work in obviously noncraft work such as cleaning sewers and dumping defective viscose batches. Accordingly, on the entire record, we find that the employees in the millwright units sought by the JAM are not, in either instance, a "distinct and homogeneous group of skilled journeymen craftsmen, working as such" who are entitled to severance as a craft group from an established production and maintenance unit 12 It is further clear that the groups sought by the IAM are only segments of the Em- ployer's maintenance department and do not in any way comprise a departmental group which has "by tradition and practice acquired craft like characteristics." While the Board, on that basis, has pre- viously granted severance to units of "machine shop" employees, the great majority of the Employer's millwrights as well as the remainder of the other classifications sought, neither work in the machine shop nor possess the skills present in those cases where we have permitted such severance. We shall, therefore, dismiss the petitions of the IAM for units of millwrights or millwrights, shift maintenance mechanics, power serviceman, oilers, filtermen, spraymen, machine cleaners, and maintenance helpers. The Chemical Workers units: The Chemical Workers seek the severance of two units which it contends to be appropriate as separate 12 See American Potash & Chemical Corporation, 107 NLRB 1418, K I DuPont de Alemours and Company, 107 NLRB 1504, Sawyer Biscuit Company, 108 NLRB 1124, and F. L. Jacobs Company, Danville Division , 108 NLRB 544 BEAUNIT MILLS, INC. 663 bargaining groups. The first of these units would consist of all em- ployees in the laboratory department including production and con- trol technicians, textile testers, day chemists, shift chemists, denier con- trol technicians, and the washboy. The second proposed unit would include all employees in the viscose, bleach, and spinning depart- ments. In the alternative, the Chemical Workers requests a single unit composed of employees in both the proposed groups. The Chemi- cal Workers finally stated at the hearing that it wished to appear on the ballot for any election directed by the Board in a unit of "a homo- geneous group of chemical workers as distinguished from textile workers." The Childetsburg plant includes a laboratory whose general func- tions are the control of production cycles and the quality of finished product. The laboratory is subdivided into a chemical laboratory and a textile laboratory, both of which are under the supervision of the chief chemist and his two assistants. There are 30 hourly paid labora- tory employees. Classifications in the textile laboratory consist of 8 production and control technicians, 5 textile testers, and 1 day chemist. The pro- duction and control technician's duties require only a week to learn and consist of routine tests and tasks including checking dry can tem- peratures and yarn tension, and collecting and labeling samples for the textile department. These employees are on shift duty and receive considerable supervision from production supervisors. Only an ability to read, write, and count are deemed prerequisites for the posi- tion. The production and control technician spends 75 percent of his time in the spinning departments and production and control techni- cians have been used as doffers, a production job, in some instances. The textile testers test yarn for denier, strength, elongation, twist, knot loss, heat stability, fatigue, shrinkage, cord strength, and cord elon- gation. The tests are performed in the textile laboratory on samples brought by the production and control technician. These tests are routine in nature and the duties of the textile tester can be learned in 3 weeks. The day chemist in the textile laboratory checks the corrected deniers, moisture in the yarn, ash, degree of acidity in the yarn, and finish content. This work is done in both the textile and chemical laboratories. The day chemists do not make titrations, handle standard solutions, and do not interpret the results of the tests that they perform. The work requires approximately 3 weeks to learn and the present incumbent of the position was formerly a production department employee. The work classifications in the chemical laboratory consist of 1 wash- boy, 4 assistant shift chemists, 4 shift chemists, 2 denier control tech- nicians, and 5 chemists. The one washboy collects routine specified samples, washes equipment, unpacks and stores equipment, cleans the 664 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD work areas, and supplies sample bottles to the production department. His duties require only 3 or 4 days to learn and he is at the same pay scale as helpers in the maintenance department. The assistant shift chemist collects viscose samples from the spinning machines and tests those samples for maturity and viscosity. He also checks the dialyzer flow and collects various samples for the shift chemist. Approxi- mately 65 percent of his time is spent in the collection of such samples while about 30 percent is spent in making the routine, scheduled tests for maturity and viscosity. The assistant shift chemist is trained in a period of 2 weeks. The shift chemist makes hourly tests on spin baths, checks the steeping caustic, bleach solutions, and spinning aid concentrations once a shift, and makes hourly corrections to the spin- ning bath recovery and chemical addition operators. He spends 80 percent of his time in the chemical laboratory and 10 percent in the spinning department and acid recovery. About 6 to 8 weeks are re- quired for a new employee to learn the job but a major portion of this time would be spent in merely learning the layout of the plant rather than the actual duties of the position. The shift chemist is higher paid than maintenance helpers but receives a lower rate than the class C pipefitter or millwright. The denier control technician in the chemical laboratory checks the speeds of pump shafts, godet wheels, tension rollers, dry cans, and spindles, checks the temperature on the spinning machines, viscose pump delivery, deniers, and checks for viscose leaks on the spinning machine. The speeds and temperatures checked are recorded and re- ported to the laboratory, the production supervisor and shift mechanic. The denier control technician spends 60 percent of his time in the spin- ning department and 10 percent in the chemical laboratory. Ap- proximately 3 weeks are required to train an employee without previous experience in the plant for this position. While two of the present occupants of this position have had some college work, in neither case was their college training in subjects related to chemistry or engineering. The pay of denier control technicians is lower than that of class B millwrights. The day chemists check the finish bath composition, alkalicellulose, moisture on the pulp, caustic and acid strength, iron tests on numerous phases of production, dissolver solutions, test viscose filtrations, run sieve tests, check the flow on spinning aids and concentrated finish pumps, make up stock solutions, run ash tests on the finish, check equipment and chemical supplies, and inspect and weigh spinnerettes. A day chemist spends 80 percent of his time in the chemical laboratory and about 10 percent in the plant. Approximately 6 weeks would be required for a denier control technician to learn the job of day chemist. Day chemists in both the chemical laboratory and the textile laboratory are on the same pay level. BEAUNIT MILLS, INC. 665 While the laboratory employees are under the supervision of the chief chemist and his two assistants, they are also frequently respon- sible to production and maintenance supervision. As noted, none of the laboratory positions requires more than a short period of on-the- job training and the record indicates that a'sizeable number of the laboratory employees transferred to those positions from production jobs. The tests run by the laboratory employees are routine, scheduled, repetitive tests requiring little or no interpretation or exercise of dis- cretion. The same checks are, on occasion, made by production em- ployees. Microscopic tests are only performed by the professional textile graduate, assistant chief chemist, or the chief chemist. While the Employer prefers that laboratory personnel have a high school education, the record indicates that no flat requirement of even that limited nature is made. The work of the laboratory employees, be- cause of the Employer's production operations wherein chemical and physical changes are carefully controlled and a part of the production process itself, is highly integrated with the work of the production and maintenance employees and the laboratory personnel, in numer- ous instances, spend all but a small portion of their time in the plant rather than in the laboratory. The laboratory employees are in fre- quent contact with the production and maintenance workers and share the same general working conditions, benefits, and interests. On the entire record, accordingly, we find that the laboratory em- ployees whose separate representation is requested by the Chemical Workers are not "technical" employees such as we have found, in other instances, to be appropriately separated from production and main- tenance employees for the purposes of collective bargaining.13 Nor do we find that the viscose, bleach, and spinning departments employees constitute an appropriate grouping, either with or without the inclusion of the laboratory personnel. The record is clear that the viscose, bleach, and spinning departments of the Childersburg plant are only a segment of the production department itself. Although the Chem- ical Workers appears to contend that these employees constitute "chemical" workers rather than "textile" workers, no such distinction appears in the facts elicited at the hearing and these departments are, it is clear, intimately connected with the remaining production facil- ities without special or separate working conditions or other factors. No contention has been made, nor do we find evidence supporting such an assertion, that the employees in these departments are craftsmen. As a "departmental" group it is patent that the group does not meet the requirements established by the Board in American Potash for severance of such units.14 Accordingly, we shall dismiss the petition 18 See Arnold Hoffman & Co., Incorporated, 95 NLRB 907 at 909-910; Wells Dairies Cooperative, 107 NLRB 1445 14 See American Potash & Chemical Corporation , supra; Golden Belt Manufacturing Com- pany , 108 NLRB 164. 666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD filed by the Chemical Workers for a unit or units of viscose, bleach, spinning, and laboratory employees. We shall at this time direct elections in the following voting groups : (1) All maintenance pipefitters, excluding all other employees and all supervisors as defined in the amended Act. (2) All maintenance electricians, including the electrician oiler, but excluding all other employees and all supervisors as defined in the amended Act. If a majority of those employees in voting group (1) vote for Local Union No. 91, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL, or if a majority of those. employees in voting group (2) vote for Local Union No. 1629, International Brotherhood of Electrical Workers, AFL, they will be taken, in either case, to have indicated their desire to constitute a separate appropriate unit and the Regional Director conducting the elections directed herein is in- structed to issue a certification of representatives to the labor organiza- tion seeking and selected by the employees in each group for such unit, which the Board, in such circumstances, finds to be appropriate for the purposes of collective bargaining. In the event a majority in either or both voting groups vote for United Textile Workers of America, AFL, the Board finds their inclusion in the existing plant- wide unit to be appropriate and the Regional Director will issue a cer- tification of results of election to such effect. [The Board dismissed the petitions filed in Cases Nos. 10-RC-2493, 10-RC-2494, 1O-RC-2495, 10-RC-2496, 10-RC-2506, and 10-RC-2507 by Local 985, International Association of Machinists, AFL, and the petition filed in Case No. 10-RC-2527 by International Chemical Workers Union, AFL.] [Text of Direction of Elections omitted from publication.] MEMBER PETERSON took no part in the consideration of the above Decision, Order, and Direction of Elections. CLARKE MILLS and TEXTILE WORKERS UNION OFD AMERICA , CIO. Case No. 15-CA-490. August 3,195! Decision and Order On September 4, 1953, Trial Examiner Arthur E. Reyman issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had not engaged in the unfair labor practices al- 109 NLRB No. 103. Copy with citationCopy as parenthetical citation