Borg-Warner Corp.

National Labor Relations Board - Board Decisions

Oct 20, 1952

100 N.L.R.B. 1531 (N.L.R.B. 1952)

INGERSOLL PRODUCTS DIVISION OF BORG-WARNER CORP. 1531
circumstances finds to constitute a unit appropriate for the purposes
of collective bargaining.
[Text of Direction of Elections' omitted from publication in this
volume.]
T Mine Mill in its brief urges that the record herein be reopened for the purpose of
taking testimony with respect to an alleged conspiracy of the Employer and District 50,
UMW, to circumvent the Act The motion is denied To the extent that it alleges a
noncomplying union is conducting a "no-union " campaign , it is immaterial to our Decision
herein As to the allegation , in effect, of unfair labor practices , such charges cannot be
litigated in a representation proceeding.
INGERSOLL PRODUCTS DIv1SION OF BORG-WARNER CORPORATION and
DISTRICT No. 8, INTERNATIONAL ASSOCIATION OF MACHINISTS, PETI-
TIONER . Cases Nos. 13-RC-2736,13-RC-92737,13-RC-2738,13-RC-
2739,13-RC-2740, and 13-RC-93741. October 20,190
Decision and Direction of Elections
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Marie A. Pierce, 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 Herzog and Members Styles and Peterson].
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 organizations involved claim to represent certain
employees of the Employer.
3. Questions affecting commerce exist 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. The Petitioner seeks to sever six alleged craft groups from the
existing production and maintenance unit at the Employer's Chicago,
Illinois, plant, currently represented by United Farm Equipment and
Metal Workers, Local 139, UE, herein called the Intervenor. The
Employer and Intervenor contest the craft status of the employees
comprising these groups and in addition contend that the units sought
herein are inappropriate because the history of collective bargaining
at that plant has been on a plant-wide basis and the work performed
by these employees is integrated with plant production.
100 NLRB No. 250.
221260-53-vol. 100-98
1532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer in its Chicago, Illinois, plant is engaged in the manu-
facture of all kinds of steel fabrication, including automotive and
farm equipment and farm appliances. The history of collective bar-
gaining dates back to 1941 when a plant-wide production and main-
tenance unit was established. The Intervenor was certified on March
6, 1947. The last contract between the Intervenor and Employer
covering a plant-wide unit was signed May 19, 1950, and has recently
expired. ,
Of the 1,150 employees in -the production and maintenance unit,
approximately 180 are in the groups requested by the Petitioner.
Basically, the plant is divided into a production division and a main-
tenance division. The production division is divided into a west end
division, an east end division, a wing tank division, a cartridge divi-
sion, and a storm and cool shade division. Servicing these divisions
are the maintenance department, a machine shop, inspection depart-
ment, and a metallurgy department. The Petitioner is seeking to
sever from the plant-wide unit separate groups of electricians, their
helpers and apprentices, pipefitters, their helpers and apprentices,
carpenters, millwrights, sheet metal workers, and machine shop em-
ployees. The employees sought are all regularly assigned to the main-
tenance department and the machine shop. While some of these em-
ployees, in the performance of their duties, work throughout the
plant, they remain at all times, subject to the ultimate supervision of
their respective foremen. The record establishes that in its normal
operation the Employer adheres to traditional craft lines in the
assignment of maintenance work. Although the Employer does not
conduct a formal apprenticeship program, except as noted later herein,
the employees involved here have either served apprenticeship terms
in their respective crafts, or have had comparable training and ex-
perience before being employed by the Employer. As indicated above,
the Employer and the Intervenor urge the integration of operations
of production and maintenance functions in opposing the Petitioner's
requests. On the entire record, however, we do not consider that the
integration of operations at this plant is sufficient to militate against
separate representation of craft employees. Under the circumstances,
we find no merit in the contention of the Employer and the Intervenor
that only a plant-wide unit is appropriate, but shall consider the
merits of the individual groups sought by the Petitione'r'
The Electricians Group
There are 20 electricians and helpers and 1 clamp repairman in
the electrical unit sought by the Petitioner . The electricians have
1 Ford Motor Company, Aircraft Engine division, 96 NLRB 1075 ; Raytheon Manutfac-
turing Company, 96 NLRB No. 121.
INGERSOLL PRODUCTS DIVISION OF BORG-WARNER CORP. 1533
their own shop and are under the supervision of an electrical foreman.
They perform general electrical work, installing and repairing elec-
trical equipment throughout the plant, and overhauling electrical
equipment when not on emergency repair work. Their time is divided
about equally between performing electrical work .in the production
area and the repairing and overhauling of electrical equipment in
their shop. It takes 38 to 48 months of continuous progress to reach
the "T" or "M" electrical classification. They use the usual tools of
their craft. Three of the electricians are stationed in. the rolling mill
and 1 in the production heat treat department, but, even as to them,
assignments are made each morning, they may, be transferred else-
where if needed, and although they take work directions from produc-
tion foremen, they remain at all times under the supervision of the
electrical foreman. The clamp repairman devotes his time to repair-
ing clamps which are electrically wired and fit into the large presses.
He works in the electrical shop and is under the supervision of the
electrical foreman. Although 50 percent of his work is mechanical,
there is a community of work and interest with the other electrical
workers. On the entire record, the Board. finds- that the Employer's
electricians are craft employees constituting anidentifiable group hav-
ing sufficient interests- apart from other maintenance and production
employees to warrant establishment as a separate bargaining unit
if they so desire.2
The Millwright Group
The Petitioner requests ' a group of 57 employees engaged in the
performance of millwright work, and would include in this group
maintenance mechanics "T" and "M", riggers, oilers (departments 22,
23, 25, motor, mill, and west end), tractor repairmen "M" and "T",
maintenance welder "T"; and machine builder "T", and equipment
builders. The maintenance mechanics "T" and "M" are engaged in
installing and relocating machinery and equipment, repairing
clutches, and taking out fly wheels. They also replace worn machine
parts, and repair and maintain all types of machinery throughout the
plant. The riggers, the record shows, do the same type of millwright
work as the maintenance mechanics in that they dismantle, erect, and
move all types of machinery equipment required in plant maintenance.
The riggers, or maintenance helpers, are promoted after 25 to 30
months of continuous progress to the classification of maintenance
mechanic "M". The maintenance welder "T" who is under the same
supervision works along with the other employees doing millwright
work; he performs electric and gas welding necessary to repair, move,
2 See Westelox Division , General Time Corp., 87 NLRB 406 , 407; Cadallac Motor Car
Division, 94 NLRB 217, 223.
1534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and construct the machinery equipment. The maintenance welder
classification, after 31 to 36 months of continuous progress, leads to the
classification of maintenance mechanic "M". The machine rebuilder
"T" and equipment builder install, assemble, and replace machines
needing wiring. The machine rebuilder also works on existing equip-
ment, while the equipment builder plans, builds, and installs auxiliary
equipment. There is a line of progression from maintenance helper
to maintenance mechanic "M" and "T", to machine rebuilder to equip-
ment builder, although there is no formal apprenticeship program in
effect for these employees. The employees sought to be included in
the millwright group are all regularly assigned to the maintenance
department, and are under the supervision of the maintenance fore-
man. We find the employees in these classifications, all engaged in
millwright work, may constitute a separate bargaining unit if they so
desire, in view of their skilled craft status.3
However, we are unable to agree with the Petitioner that the oilers
and tractor repairmen "T" and "M" should be included in this voting
group. The oilers are engaged throughout the plant in oiling plant
machinery, and are under the ultimate supervision of the maintenance
foreman. The tractor repairmen service trucks and tractors, are
separately located, and are under the supervision of the mechanical
foreman. Neither the oilers' nor the tractor repairmen 5 qualify as
craftsmen; there is no regular progression from these classifications
to the classifications which we have found to be engaged in millwright
work, the oiler and tractor repairman categories being in the nature
of dead-end jobs; and the record does not show that they perform
work which is so related to that of the employees in the millwright
group as to warrant their inclusion in that group. We shall therefore
exclude them.
The Pipefitters' Group
There are 16 employees in the pipefitter group. Of these, 13 are
"T" and "M" pipefitters, who repair and install pipelines, valves,
compressors, heaters, and radiators. It takes 25 to 30 months of train-
ing to qualify for these classifications. The pipefitters occupy a sepa-
rate shop in the maintenance department and are under the supervision
of a pipefitter foreman. They own their own hand tools. There are
also 2 hydraulic repairmen, who are also under the supervision of the
pipefitter foreman and work in the pipefitter shop, adjusting and
repairing piping and valves in the hydraulic presses. Although the
pipefitters and, hydraulic repairmen work throughout the plant, they
perform only the traditional work of their trade and are at all times
Intern.otional (Harvester Co., 87 NLRB 317.
4 Chrysler Corporation , Michaud Ordnance Plant, 08 NLRB 1105.
1 Johns-Manville Products Corporation, 98 NLRB 748.
INGERSOLL PRODUCTS DIVISION OF BORG-WARNER CORP. 1535
under the ultimate supervision of their own foreman. The record
shows clearly that the "T" and "M" pipefitters and the hydraulic
repairmen are highly skilled craft employees who may constitute a
separate bargaining group, if they so desire.6
As the pump repairman is stationed in the powerhouse, does no
pipefitting work, does not share the same supervision, or have any
other interests in common with this group, we shall not include him
in the unit.7
The Machine Shop Departmental Group
The Petitioner seeks to sever a departmental group of machine shop
employees, including tool and die makers, die repairmen, tool and
die grinders, tool inspector, and other machine shop classifications.
The machine shop is divided into three sections : the die repair section,
the central section where the toolmakers' benches are, and the die
grinding section. The machine shop is under the supervision of a
machine shop foreman, who in turn reports to the chief tool engineer.
There is an apprenticeship program of 8,000 hours which leads to the
"T" and "M" machinist classifications. The "T" machinists lay out,
set up, and operate machine tools to prescribed dimensions. The
"M" machinists have similar duties but work with greater tolerances.
Both own their hand tools valued at over $200. The line of promotion
is from the machinists "T" and "M" to the tool and die makers who
fit, align, and adjust dies, tool fixtures, and equipment requiring
precision layout, shipping, and machining. The welders "T" operate
gas and electric welding and torch cutters, cutting out various
metal parts and equipment to specification. They also have the
function of building up worn parts on metal dies. They work in
the machine shop under the supervision of the machine shop foreman.
The die repairmen "T" and "M" replace worn and defective parts on
metal working dies. The tool inspector "M" inspects all tools before
they are returned to the toolroom. The tool and die grinders "T"
set up and operate equipment to grind internal surfaces on tools, dies,
and prints. They have to read and interpret blueprints. All these
employees work in the machine shop under the supervision of the
machine shop foreman. The shoe grinder "T", shoe planer operator,
and skip mill head operator also perform related craft skills in the
machine shop under the same supervisions We find that the machine
shop employees constitute a homogeneous departmental group with
Sinclair Rubber, Inc ., 96 NLRB 220.
'rHughes Tool Company, 88 NLRB 1039 , 1043; Robertshaw -Fulton Controls Company,
88 NLRB 1508, 1510.
8 The Employer testified that it contemplated moving the shoe grinder "T", shoe planer
operator , and the skip mill head operator from the machine shop into-the production area.
However, no specific date was given , and the change is at best speculative.
1536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a nucleus of highly skilled employees who may, if they so desire,
constitute a separate bargaining unit. The handyman and sweeper
work exclusively in the machine shop and perform cleanup duties
there, and like the other employees in this department, are also under
the sole supervision of the machine shop foreman. In accordance
with Board precedent, we shall include them in the machine shop
employees voting group.9
The Carpenters Group
The Petitioner seeks a unit of six carpenters. The carpenters per-
form the usual type of carpentry work characteristic of their craft,
including work on the buildings and equipment, the building of jigs
to be used in the production departments, and crating for some special
production jobs. They are also required to build special partitions
for the offices, and slatted platforms which are used by the lift trucks.
They have their own carpentry shop, and own their own carpentry
tools. We find that the carpenters are craft employees who may con-
stitute a separate bargaining group, if they so desire.10
The Sheet Metal Group
There are two sheet metalworkers in this group. These employees
perform sheet metal work, installing, fabricating, and repairing sheet
metal parts, such as machine guards, ducts, ventilators, flues, and gut-
ters. During the last 3 or 4' months, they have been spending a great
portion of their time doing technical sheet metal work involving tri-
angulation on the wing tank job. It takes 31 to 36 months of continu-
ous progress to become qualified for this sheet metal work. We find
that the sheet metal workers are craft employees who may constitute
a separate bargaining group, if they so desire 11
Accordingly, we shall at this time direct that separate'elections be
held among the following voting groups of employees at the Em-
ployer's Chicago, Illinois, plant, excluding from each group all other
employees, guards, professional employees, and supervisors as defined
in the Act :
1. All' electricians, their helpers, and apprentices.
2. All millwrights including maintenance mechanics "T" and "M",
riggers, maintenance welder "T", machine rebuilder "T", and equip-
ment builder.
3. All pipefitters, their helpers, and apprentices.
4. All carpenters.
5. All sheet metal workers.
9 The Reliance Electric t Engineering Company, 98 NLRB 488.
10 Ibid.
11 Ford Motor Company, supra.
McCARRON CO. 1537
6. All machine shop employees, including machinists "T" and "M",
tool and die makers, welder "T", die repairmen "T" and "M", tool
inspector "M", tool and die grinders "T", the shoe grinder "T", shoe
planer operator, the skip mill operator, and handyman and sweeper.
If a majority of the employees in any of the voting groups vote for
the Petitioner, they will be taken to have indicated their desire to be
represented in a separate unit, and the Regional Director conducting
the elections directed herein is instructed, in that event, to issue a cer-
tification of representatives to the Petitioner for such unit, which the
Board, under such circumstances, finds to be appropriate for purposes
of collective bargaining. If, however, a majority of the employees in
any of the voting groups vote for the Intervenor, they will be taken
to have indicated their desire to remain part of the existing production
and maintenance unit, and the Regional Director is instructed to issue
a certificate of results to such effect.
[Text of Direction of Elections omitted from publication in this
volume.]
MCCARRON CO., A PARTNERSHIP CONSISTING OF GEORGE A. VARE AND
EDWIN H. VARE, JR., CO-PARTNERS; AND VARE BROTHERS, A PART-
NERSHIP CONSISTING OF GEORGE A. VARE AND EDWIN H. VARE, JR.,
CO-PARTNERS and GEORGE PAYTAS
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION 470, AFL and
GEORGE PAYTAS . Cases 4-CA-443 and 4-CB-83. July 8, 1950
Decision and Order
On November 26, 1951, Trial Examiner David F. Doyle issued his
Intermediate Report in the above-entitled proceeding. In his Inter-
.mediate Report, the Trial Examiner found that during the period
from April 1 to April 28, 1950, the Respondent Employer, by Otto
Becker, its manager : (1) Interrogated George Paytas with respect
to'his status. as a member of the Union; (2) urged him to acquire
membership in good standing in the Union; and (3) threatened him
with loss of- employment unless he should acquire membership in
good standing in the Union, and that on or about April 28, 1950, the
Respondent Employer terminated the employment of Paytas and
thereafter refused to reinstate him for the reason that he was not a
member in good standing of the Union. The Trial Examiner like-
wise found that, because George Paytas was not a member of the
Union in good standing, the Union, during the period from April 1 to
April 28, 1950, threatened George Paytas with loss of benefits or
100 NLRB No. 13.