Beaunit Mills, Inc.

National Labor Relations Board - Board Decisions

Mar 16, 1955

111 N.L.R.B. 963 (N.L.R.B. 1955)

AMERICAN BEMBERG 963
AMERICAN BEMBERG, DIVISION OF BEAUNIT MILLS, INC., AND NORTH
AMERICAN RAYON CORPORATION and INTERNATIONAL ASSOCIATION OF
MACHINISTS , AFL, PETITIONER . Cases Nos. 10-RC-2477, 10-RC-
2484, and 10-RC-2491. March 16,1955
Decision , Order, and Direction of Election
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, and thereafter consolidated, a hearing was held before
Gilbert Cohen, hearing officer. 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 finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent certain
employees of the Employer.
3. The Petitioner filed its petitions in this proceeding in August
1953. United Textile Workers of America, AFL, was allowed to inter-
vene at the hearing based upon its September 1, 1952, contract, cover-
ing hourly paid, nonsupervisory employees of the Employer. By its
terms the contract is to be effective until September 1, 1955, with 60-
day automatic renewal date, unless before that time it has been abro-
gated in connection with its wage reopening provisions. The latter
contingency has not occurred. Both the Employer and the Intervenor
urge this contract as a bar. At the hearing there was no showing that
3-year contracts are customary in a substantial part of the textile in-
dustry. As the September 1, 1952, contract has already been in effect
for more than 2 years, we find that it is not a bar to this proceeding.'
It is thus unnecessary that the Board consider the Petitioner's alter-
native position in its brief concerning the effect of the specific wage
reopening clause.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. It was stipulated by the parties that the two corporations, here
treated as a single employer, are closely associated in ownership, man-
agement, and operation and that their respective manufacturing
plants, whose employees are here involved, are located on adjoining
property near Elizabethton, Tennessee. The American Bemberg
plant manufactures cuprammonium rayon yarn; the North American
Rayon plant manufactures viscose rayon yarn. The existing contract
i See Interstate Brick Company, 91 NLRB 1428; Columbia Broadcasting System, Inc,
108 NLRB 1468 Chairman Farmer would hold this contract no bar without regard to
industry practice on contract duration.
111 NLRB No. 159.
344056-55-vol. 111-62
964 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
covering a unit of nonsupervisory employees was entered into by the
Intervenor and the two corporations as "Employer."
The three petitions here consolidated seek units of (1) all mill-
wrights (first and second class) and their helpers, (2) all instrument
mechanics (first and second class), and (3) all tool- and die-makers,
machinists (first and second class and those classified as mechanics
and inspectors or machinists inspectors and research machinists) and
their helpers, and auto mechanics. Twelve additional petitions cover-
ing alleged craft groups were also filed by the Petitioner about the
same time but later dismissed by the Regional Director, whose decision
has since been affirmed by the Board on appeal. In its brief the Peti-
tioner states that it will accept a unit finding that all maintenance
employees constitute an appropriate unit, or will accept "separate
`globe' craft units to determine the desires of each craft group."
Severance of a multicraft group from the existing overall production
and maintenance unit would not be in accord with established Board
policy.' We therefore pass to consideration of the three alleged craft
groups for which petitions are now pending. In this connection we
note' first that the Employer has no apprenticeship or training pro-
gram and no progression schedule.
The milbwright group: The North American Rayon-plant employs
32 millwrights, 25 first class and 7 second class, and 3 helpers regu-
larly assigned to this group. Some of the group were formerly em-
ployed at the American Belnberg plant, but no millwrights or helpers
were employed there at the time of hearing. Millwrights report to.
the millwright shop in the morning and at the end of each job or
shift. Eight of the group are assigned to maintenance of the monorail
system, an overhead track to transport yarn, and do only this. One
second-class millwright tends the fireless locomotive by filling it with
steam and riding with it when it is used to switch railroad cars.
The remainder of the millwright group move and set machinery, and
repair large machinery in the plant, replacing worn parts on a pre-
scheduled basis to "dovetail" with production. About 90 percent of,
their time is spent this way, with the remainder in the millwright
shop. They are supervised by the millwright foreman, who is respon-
sible to the master mechanic and his assistant. When working in the
viscose department, they are also supervised by the viscose mechanical'
foreman. The Employer states that they are also supervised by pro-
duction foremen. However, it appears from the record that the
supervisory authority of production foremen over millwrights is
limited to calling them off or on the job, consistent with noninter-
ference with production. Millwrights have their own seniority group
under the existing contract. However, there are numerous seniority
2 See General Textile Mills, Ine, 109 NLRB 263, text at footnote 11 and cases there
cited.
AMERICAN BEMBERG 965
groups recognized at both plants, many consisting of noncraft type
employees.
One millwright first class testified. His testimony indicated that
he had been employed by the Employer for 14 years; had previous
experience as an auto mechanic ; was hired as a millwright helper
and spent about 4 years in that capacity; then spent about 2 years as
a millwright second class before achieving first-class status; that he
had learned the trade on the job, and that progression was a matter
of ability rather than any set period of time.
The Employer and the Intervenor stress the fact that in this group
of 35 employees only 8, or about 23 percent, had mechanical experience
before employment by this Employer and none had previous mill-
wright experience. The record as a whole contains little evidence of
individual skills, and based upon it we cannot say that the millwrights
as a group exercise the skills of journeymen craftsmen, nor can we say
that these employees comprise a distinct and traditional departmental
group, entitled to a self-determination election.' Accordingly we shall
dismiss this petition for severance.
The instrument mechanic group : The North American Rayon plant
employs 6 first- and 2 second-class instrument mechanics, including a
watchmaker who spends the greater part of his time in the instru-
ment shop. The Bemberg plant employs just two instrument mechan-
ics, both first class; and some of its repair work is done at the other
plant. Each plant group is supervised by an instrument shop fore-
man. These employees maintain and install instruments of various
types, including scales; they spend the greater part of their time check-
ing the many instruments on a regular patrol of the plant. There was
testimony that the first-class instrument mechanics instruct the second
class, and that it takes 5 to 7 years to become a first-class instrument
mechanic, although the one instrument mechanic who testified achieved
top classification after a year as second class. Only the watchmaker
was hired at the top classification. Both of the second-class instru-
ment mechanics were previously helpers, but there was testimony that
it was possible to be employed in the second-class step without being %
helper. Instrument mechanics have separate seniority at both plants
under the existing contract.
The instrument shop has a jeweler's lathe, another small lathe, a
drill press, grinders, and buffers. Testimony for the Petitioner indi-
cated that the watchmaker used them but that other instrument me-
chanics would have occasion to use them only in case of emergency.
The Employer and the Intervenor contend that the work of the instru-
ment group is essentially routine and repetitive and involves no exer-
8 See Beaunit Mills, Inc., Coosa Pines Division , 109 NLRB 651, text at footnote 12; com-
pare American Cyana mid Company, Organuo Chemicals Division, 110 NLRB 89, and Hot-
point Co, Di'vistion of General Electric Company, 108 NLRB 1383
0
966 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cise of true craft skills. On this record we find that the Petitioner has
not established facts sufficient to show that the instrument mechanics
here involved are exercising true craft skills which would warrant
their severance from the existing production and maintenance unit,'
or the granting of a self-determination election on the basis of a dis-
tinct and traditional departmental group. We therefore deny its unit
request with respect to these employees.
Tool- and die-makers, machinists, etc.: In this group the Petitioner
seeks to include the following employees :
At North American Rayon
6 first-class tool- and die-makers
26 first-class machinists
7 second-class machinists, who were also referred to at the hearing
as machine operators and machine tool operators or mechanics
5 helpers who appear to be regularly assigned to the machine shop
2 research machinists
At Bemberg
3 first-class machinists
2 auto mechanics.
The petition also referred to inspectors, but these are apparently ma-
chinists and helpers assigned to check materials.
One machinist first class testified for the Petitioner. He was hired
by the Employer as an experienced machinist and works mostly in the
machine shop. His work is largely layout work and partly disman-
tling and assembling machinery. He testified that the tool- and die-
makers have an adjoining shop to the machine shop, divided off by
wire, that they use the same tools as first-class machinists and must
have a machinist background, and that they work to closer tolerances.
They are paid a slightly higher wage. First-class machinists work
from blueprints, but they usually work on the same machine and only
two of the first-class, machinists can operate all the machines in the
shop. The Employer's objective is to have first-class machinists able
to operate two machines.
Second-class machinists usually do machine work such as running
the saw and operating the gear cutter, as well as polishing and debur-
ring. One helper has spent all his time oiling for the 4 or 5 years of
his employment; 2 helpers are women, 1 acting as tool crib attendant
and 1 as a material checker; in addition there is a first-class and a
second-class machinist assigned to do material checking. Helpers oc-
casionally advance in the machinist classification, but both first- and
second-class machinists have been hired direct at the plants. With-
4 See Cxnovnnati Dtivistion , Davison Chemrocal Company, Devaston of IV. R. Grace & Com-
pany, 110 NLRB 85
AMERICAN BEMBERG 967
out experience, advancement to first-class machinist takes approxi-
mately 6 years.
The North American machinists group spends 90 percent of its time
in the shop and is supervised by a machine shop foreman who also su-
pervises the tool- and die-makers and is responsible to the master me-
chanic. The two research machinists do not work with the group, but
work exclusively on new ideas and machinery changes, handling metal
cutting machines in the research department. They are supervised by
the research shop foreman. The three first-class machinists at Bem-
berg spend about 60 percent of their time in the shop, are supervised
by the master mechanic, and do work similar to first-class machinists
at North American. The auto mechanics work at the Bemberg garage,
one in the capacity of a filling station attendant. There are no em-
ployees in this classification at North American.
The existing contract recognizes five seniority groups covering these
employees. At North American : the machine and blacksmith shop,
the tool and die shop, and "research mechanics" ; at Bemberg : the ma-
.chine shop and the garage.
There is conflict in the record as to whether the blacksmith at North
American is classified as a first-class machinist. He does not exer-
cise machinist skills, but he is supervised by the machine shop foreman
and is included in the machinist seniority group. He works in his own
shop across the hall from the machine shop and has a part-time helper
who also works in the machine shop.
The Employer contends that the unit sought is not a craft group,
that only a small minority of the group are primarily engaged in the
exercise of craft skills, and that of the one-third of the group who had
mechanical experience in prior employment, only five had machinist
experience. The Intervenor also contends that the Board should not
direct a severance election because the unit sought is heterogeneous
and constitutes an arbitrary grouping. To the extent that the group
includes the auto mechanics, we agree that it is heterogeneous. As
to the craft characteristics of the remainder, we conclude on this rec-
ord, which shows no apprenticeship, no systematic progression, and
no pattern of hiring with skill, that the Petitioner has not demon-
strated that the employees here concerned, as a whole, are primarily
engaged in the performance of tasks requiring the exercise of craft
skills.5 However, these tool- and die-makers, machinists and their
helpers, including the blacksmith and his helper-but excluding the
two research department machinists 6-constitute a distinct, tradi-
s See American Potash & Chemical Corporation, 107 NLRB 1418; St Louts Car Com-
pany, 108 NLRB 1388, see text at footnotes 1 and 2.
0 The research department machinists are excluded because outside of the departmental
unit which we find may be appropriate See St Louts Car Company, 108 NLRB 1388, text
at footnote 7, compare Hendon Company, R B 31 Division, 108 NLRB 310, where an
experimental laboratory machinist was included in a group severed on a craft basis.
968 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tional, departmental group such as the Board has granted a self-
determination election despite a history of bargaining on a broader
basis, and are sought by a union which historically and traditionally
represents such toolroom and machine shop departments. Therefore
we find that these machine shop employees may appropriately remain
a part of the overall unit or be separately represented.'
We shall therefore direct an election at this time among the em-
ployees in the Employer's Elizabethton, Tennessee, plants, in the fol-
lowing voting group :
All tool- and die-makers, machinists and their helpers, including
the blacksmith and his helper, but excluding the research department
machinists, professional employees, clerical employees, all other em-
ployees, guards, and supervisors as defined in the Act.
If a majority vote for the Petitioner they will be taken to have indi-
cated their desire to constitute a separate appropriate unit, and the
Regional Director conducting the election directed herein is instructed
to issue a certification of representatives to the Petitioner for the unit
in which the election was held, which the Board, in the circumstances,
finds to be appropriate for the purposes of collective bargaining. In
the event a majority vote for the Intervenor, the Board finds the exist-
ing unit to be appropriate and the Regional Director will issue a cer-
tificate of results of election to such effect.
[The Board dismissed the petitions in Cases Nos. 10-RC-2477 and
2484.]
[Text of Direction of Election omitted from publication.]
MEMBER RODGERS took no part in the consideration of the above
Decision, Order, and Direction of Election.
7 See American Potash A Chemical Corporation , 107 NLRB 1418 ; American Tobacco,
Company, Incorporated, 108 NLRB 1211 ; St Louis Car Company, 108 NLRB 1388.
SAFEWAY STORES, INC. and LOCAL 1371, RETAIL CLERKS INTERNA-
TIONAL ASSOCIATION, AFL and AMALGAMATED FOOD EMPLOYEES
UNION, LOCAL 196, AFFILIATED WITH AMALGAMATED MEAT CUTTERS
AND BUTCHER WORKMEN OF NORTH AMERICA, AFL, PARTY TO THE
CONTRACT. Case No. 4-CA-1084. March17,1955
Decision and Order
On November 17, 1954, Trial Examiner Eugene F. Frey issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
111 NLRB No. 163.