Burndy Corp.

National Labor Relations Board - Board Decisions

Mar 5, 1970

181 N.L.R.B. 545 (N.L.R.B. 1970)

BURNDY CORP. 545
Burndy Corporation and Tool , Die and Mold Makers
Guild, Petitioner . Case 1-RC-10563
March 5, 1970
DECISION AND DIRECTION OF
ELECTIONS
BY MEMBERS FANNING, BROWN , AND JENKINS
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before Arthur I. McGurty,
Hearing Officer. Following the hearing and pursuant
to Section 102.67 of the National Labor Relations
Board Rules and Regulations and Statements of
Procedure, Series 8, as amended, and by direction of
the Regional Director for Region 1, this case was
transferred to the National Labor Relations Board
for decision. Thereafter, the Employer filed a brief
with the Board.
Pursuant to the provisions of Section 3(b) of the
Act, as amended, the Board has delegated its powers
in connection with this case to a three-member
panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. They 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 Act.
2. The labor organization involved2 claims to
represent certain employees of the Employer.
3. A question affecting commerce exists
concerning the representation of certain 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 a single craft unit3 of
certain employees of the Employer at two separate
plants, one located at Wampus Lane, and the other
at Post Road, Milford, Connecticut, herein called
Milford and Post Road plants, respectively. At the
Milford plant, the Petitioner seeks to include all
employees in the following job classifications:
precision die maintainer and precision die setter in
Department 806 (Precision Tooling); master
diemaker, diemaker-lead, diemaker, tool and
diemaker A-lead, tool and diemaker A, tool and
'The Hearing Officer referred for ruling to the Regional Director a
motion by the Petitioner to receive in evidence as an exhibit the case file in
Case 1-RC-8590 concerning one of the plants involved herein The motion
is hereby denied , as the present record , in our opinion, adequately sets
forth the evidence and issues relevant to this case.
'The Employer declined to stipulate that the Petitioner was a labor
organization within the meaning of the Act, and also, it contended that the
Petitioner was not a traditional representative of employees in the tool and
diemakers craft The record clearly shows , and we find, that the Petitioner
is a labor organization within the meaning of Section 2(5) of the Act. We
also find that the traditional union concept is not of controlling
significance in this case
diemaker B, toolmaker, toolmaker (EDM), jig
borer, and utility man B4 in Department 807 (Tool
and Die); tool and diemaker-lead, toolmaker, die
prep man, and die prep man trainee in Department
808 (Precision Tooling); tool and cutter grinder and
drill and saw sharpener in Department 814 (Tool
and Cutter Grinding); and tool and cutter grinder in
Departments 820 (Swiss Screw Machine) and 823
(Shells and Hardware - Primary), but excluding all
other employees, all production and maintenance
employees, drivers, office clerical employees,
technical employees, professional employees, guards
and supervisors as defined in the Act. At the Post
Road plant, the Petitioner seeks to include all
employees in the following job classifications:
diemaker-lead, diemaker, tool and diemaker A, tool
crib attendant, and toolroom helper in Department
793 (Machine Shop and Machine Build); machine
repairman in Department 794 (Maintenance);
diemaker in Department 796 (Experimental); and
master diemaker in Department 799 (Pilot
Production), but excluding all other employees, all
production and maintenance employees, drivers,
office clerical employees, technical employees,
professional employees, guards and supervisors as
defined in the Act. In the alternative, the Petitioner
is willing to proceed to an election in any unit the
Board determines to be appropriate except a unit
which would include all employees at the Milford
plant, including the production and maintenance
employees. The Employer contends that the
appropriate unit finding should be separate plant
units consisting of all production and maintenance
employees at each plant because, inter alia, the
employees sought by the Petitioner are wholly
integrated into the production process. The
Employer also vigorously contends that to allow the
primary unit sought by the Petitioner would have
the effect of leaving the balance of the employees at
the Post Road plant as a remnant with no hope of
effective representation. There is no history of
collective bargaining covering any of the employees
at either plant.
The Employer is engaged in the manufacture of
electrical connectors for use in the electrical and
electronic industries. The Employer operates eleven
plants in the United States. Each plant is under the
jurisdiction of a plant manager, all of whom
ultimately report to corporate headquarters in
Norwalk, Connecticut. Ten of these plants are
primarily engaged in the manufacturing of electrical
connectors, which number includes the Milford
'The Petitioner clarified, on the record , the unit sought by referring to
specific job classifications in particular departments, and the Employer
stated that by so doing any existing ambiguity as to which employees the
Petitioner sought had been removed At the time of the hearing herein, the
employees sought by the Petitioner in its primary unit request included
some 51 employees employed at the Milford plant and some 17 at the Post
Road plant -
'Although Paul Emery is listed as utility man B, the Petitioner , without
conceding to the accuracy of his classification, states that this was the
position sought.
181 NLRB No. 85
546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant. The eleventh plant is the Post Road plant,
and it is engaged in the designing and
manufacturing of highly complex assembly machines
for the exclusive use of the other plants in their
primary function of manufacturing electrical
connectors for sale. The Post Road plant is located
about two miles from the Milford plant. The plant
manager of the Milford plant has no jurisdiction
over the plant manager of the Post Road plant and
vice versa. Although the Personnel Manager of the
Milford plant has recruited some employees for the
Post Road plant, this has been done as a matter of
convenience, and he does not otherwise have the
right to hire, fire, or perform other personnel
services for the Post Road plant. On rare occasions,
the Post Road plant has sent a component to the
Milford plant for certain work to be done because
the Post Road plant was not particularly suited for
the required work. Although there is some minimal
amount of permanent transfers of employees from
the Milford plant to the Post Road plant, there is
no showing of any interchange of employees. Each
plant has its own independent seniority system, and
an employee loses his plant service when
transferring from one plant to the other. This plant
service credit is the basis for determining seniority
for purposes of layoffs and reductions in force. On
the basis of the foregoing, it appears that there is no
interchange of employees; that there is no functional
relationship between the two plants; and that each
plant has its own independent seniority system, does
its own hiring, discharging, and has its own
supervisory personnel. Furthermore, there is no
history of collective bargaining at either plant.
Accordingly, in agreement with the Employer, we
find that a single craft unit consisting of employees
at both plants is not appropriate. We, therefore,
reject the Petitioner's primary unit request.
At the Post Road plant, the Employer is engaged
in the manufacture of highly complex and expensive
assembly machines which are used exclusively by
other plants of the Employer in its overall operation
of manufacturing electrical connectors for use in the
electrical and electronic industries. Only a few of
these especially designed assembly machines are
manufactured each year, and it can take more than
a year to build some of these machines. Machine
tools used at this plant include drill presses, power
presses, grinders, cylindrical grinder, and milling
machines. The majority of the tools used in these
machine tools are purchased. About 90 percent of
the work time is spent in designing and building
assembly machines. The remaining percentage is
spent in conducting test runs to determine that the
machine is ready for release to the plant of the
Employer for which destined. There are 4
departments, all of which are under the supervision
of the same foreman who, in turn, reports to the
plant manager. Employed in these 4 departments
are the 17 employees sought by the Petitioner. They
are employed in job classifications of master
diemaker, diemaker-lead, diemaker, tool and
diemaker A, tool crib attendant, and tool room
attendant. There is no tool room per se at this plant.
There is a total employee complement of 20
employees who have been identified by the
Employer as being production or maintenance
employees. This total number includes the 17
employees sought by the Petitioner. The other 3
employees not sought by the Petitioner are
employed in the job classifications of layout
electrician and wirer, screw machine set up B, and
machine operator trainee. The layout electrician and
wirer has the basic responsibility of layout and
wiring of the control panels for the assembly
machines, and the coordinating of the control panel
to the machine, as well as the wiring of the machine.
The screw machine setup B has duties which include
assisting in the setup and operation of the assembly
machines during the test runs. The machine operator
trainee spends all of her time in the operation of the
assembly machines during the test runs. We agree
with the Employer's contention that the conduct of
the test runs is an inherent and essential part of the
building of these intricate and newly designed
assembly machines.
All of the 20 employees discussed above have
common supervision, enjoy the same employee
benefits, and have the same working conditions. On
the basis of the foregoing, it appears that the 17
employees sought by the Petitioner, as well as the 3
employees not included in the Petitioner's primary
unit request, are essentially engaged in the
production of an end product, namely, complex
assembly machines to be used exclusively by other
plants of the Employer in the overall primary
function of manufacturing electrical connectors for
sale; and that all of these employees share a
community of interests warranting a finding of a
plantwide unit to be appropriate. Moreover, as the
Employer urges, to limit a unit at this plant to the
17 employees sought, would have the effect of
leaving the remaining 3 employees with little hope
of future representation. Accordingly, we find a
plantwide unit at the Post Road plant to be
appropriate.
The principal function of the Milford plant, as
indicated herein, is the manufacturing of electrical
connectors for sale to customers in the electrical and
electronic industries. More than a million electrical
connectors in varying sizes and shapes are produced
annually by this plant, some of which can sell for
less than a fraction of a cent. There are about 722
employees in the plant who have been identified by
the Employer as being production or maintenance
employees. The plant complex consists of three
levels, with the main production area occupying the
first level. There are 21 manufacturing departments
in the main production area. Basic operations
performed from the raw material to the production
of an electrical connector include turning, forming,
plating, assembly, and molding. Equipment used in
BURNDY CORP. 547
the productive process include power presses, lathes,
turret lathes, screw machines, grinding machines,
and milling machines.
In its unit request, the Petitioner seeks a total of
51 employees from 6 of these manufacturing
departments. Thirty-eight of the employees sought
are employed in Department 807 (Tool and Die),
also referred to in the record as the Tool Room, in
the job classifications of master diemaker,
diemaker-lead, diemaker, tool and diemaker A-lead,
tool and diemaker A, tool and diemaker B,
toolmaker, toolmaker (EDM), jig borer, and utility
man B . All of these employees are under the
supervision of the general foreman of the Tool
Room. In the performance of their job duties, all of
these employees, except the utility man B, are
required to make and maintain tools, to work at
close tolerances, to use precision measurement
instruments, to work from blue prints and sketches,
and to submit their own sketches. As to the utility
man B, the record reflects that his duties are limited
to helping other units of the Tool Room, cleaning
machines, and sweeping the department area.' Five
of the employees sought are employed in
Department 808 (Press) in the job classifications of
tool and diemaker-lead, toolmaker, die prep man,
and die prep man trainee. All of these employees
are likewise required in their job performance to
make and maintain tools, to work at close
tolerances, to use precision measurement
instruments, to work from blue prints and sketches,
and to submit their own sketches. Four of the
employees sought are employed in Department 806
(Precision Tooling) in the job classifications of
precision die maintainer and precision die setter.
They are required to maintain tools, to work at
close tolerances, to use precision measurement
instruments, to work from blue prints and sketches,
and to submit their own sketches. In addition, the
precision die maintainers are also required to make
tools. On the basis of the foregoing, we find that all
of the employees in the aforementioned
departments, except the utility man B, have duties
which require the regular exercise of the usual and
recognized skills of the tool and diemaker craft.
Two of the remaining 4 employees sought by the
Petitioner are employed in Department 814 (Tool
and Cutter Grinding), one as a tool and cutter
grinder and the other as a drill and saw sharpener.
This department is located in the general physical
area of the Tool Room and both employees are
supervised by the foreman of the latter department.
The remaining 2 employees are employed as tool
and cutter grinders in Department 820 (Swiss Screw
Machine) and Department 823 (Shells and
Hardware - Primary). Although both departments
are also located in the general physical area of the
Tool Room, each of these employees is supervised
by the foreman of his particular department. The
Employer admits that in the performance of their
duties all 4 of these employees are required to
maintain tools, to work from blue prints and
sketches, and to submit their own sketches. On the
basis of the foregoing, we find that all 4 employees
are allied craftsmen and that their overall job duties
require the regular exercise of certain skills of the
tool and diemaker craft.
In its unit request, the Petitioner failed to include
employee Edward Mongillo, who is employed in the
job classification of toolmaker in Department 843
(Rubber Mold). The record reflects that this
employee is responsible for maintaining molds and
pins, tools which are utilized in the rubber molding
process. He is supervised by the foreman of his
department and, in the performance of his duties, he
is also required to make and maintain tools, to work
from blue prints and sketches, and to submit his
own 'sketches. In view of the foregoing, we find that
this employee also has duties which require the
regular exercise of the usual and recognized skills of
the tool and diemaker craft and, accordingly, should
be included in such craft group.
All employees at the Milford plant-have plant
seniority, enjoy the same employee benefits, and
have the same working conditions. There is no
formal apprenticeship program at either of the
plants involved herein. As a matter of policy,
however, the Employer only hires toolmakers, tool
and diemakers, and diemakers who are experienced
craftsmen. Although the Employer in its brief
asserts that there is considerable interchange of
personnel between the Tool Room and other
departments, the record reflects, at best, only a
minimal amount of any such interchange.
As noted above, the Employer contends that there
is no basis for a craft unit finding because the
Milford operations are integrated. We find no merit
in this contention. The integrated nature of this
plant does not preclude establishment of a craft unit
in the circumstances herein presented., This is
particularly true where, as here, the employees
sought at the Milford plant, including the toolmaker
in Department 843, are craftsmen who regularly
exercise their craft skills and comprise a traditional
craft grouping.' Accordingly, we find that the
employees sought by the Petitioner at the Milford
plant, including the toolmaker in Department 843,
but excluding the utility man B, may constitute an
appropriate craft unit.
Having duly considered the record herein, and the
brief filed by the Employer, we find that the
following employees of the Employer, at its Milford
and Post Road plants constitute separate units
appropriate for the purposes of collective bargaining
'Under the circumstances, we find that the duties and interest of the
utility man B do not warrant his inclusion in a unit of employees whose `See, e g , B H Hadley, Inc, 130 NLRB 1622, 1625
duties require the regular exercise of the usual and recognized skills of the 'See, e g , E I du Pont de Nemours and Company (May Plant,
tool and diemaker craft Camden, South Carolina), 162 NLRB 413, 418
548 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
within Section 9(b) of the Act.
(a) All employees at the Employer's plant located
at West Avenue and Post Road, Milford,
Connecticut, including layout electrician and wirer,
screw machine setup B, and machine operator
trainee, but excluding all drivers, office clerical
employees, technical employees, professional
employees, guards and supervisors as defined in the
Act.
(b) All employees at the Employer's plant located
at Wampus Lane, Milford, Connecticut, in the
following tool and die making job classifications:
precision die maintainer and precision die setter in
Department 806 (Precision Tooling); master
diemaker, diemaker-lead, diemaker, tool and
diemaker A-lead, tool and diemaker A, tool and
diemaker B, toolmaker, toolmaker (EDM), and jig
borer in Department 807 (Tool and Die); tool and
diemaker-lead, toolmaker, die prep man, and die
prep man trainee in Department 808 (Precision
Tooling); tool and cutter grinder and drill and saw
sharpener in Department 814 (Tool and Cutter
Grinding); tool and cutter grinder in Departments
820 (Swiss Screw Machine) and 823 (Shells and
Hardware - Primary); and toolmaker in
Department 843 (Rubber Mold), excluding the
utility man B, all other employees, all drivers, office
clerical employees, technical employees, professional
employees, guards and supervisors as defined in the
Act.
In accordance with the foregoing, we shall direct
separate elections in the aforementioned bargaining
units which we have found appropriate for the
purposes of collective bargaining within the meaning
of Section 9(b) of the Act.
[Direction of Elections" omitted from publication.]
'In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the elections should have access to a list of voters and their
addresses which may be used to communicate with them Excelsior
Underwear Inc, 156 NLRB 1236, N L R B v Wyman-Gordon Company,
394 U.S 759 Accordingly, it is hereby directed that election eligibility
lists, containing the names and addresses of all the eligible voters , must be
filed by the Employer with the Regional Director for Region I within 7
days of the date of this Decision and Direction of Elections The Regional
Director shall make these lists available to all parties to the elections No
extension of time to file these lists shall be granted by the Regional
Director except in extraordinary circumstances . Failure to comply with this
requirement shall be grounds for setting aside the election whenever proper
objections are filed