Campbell, Wyant & Cannon Foundry Co.

National Labor Relations Board - Board Decisions

Sep 1, 1955

114 N.L.R.B. 15 (N.L.R.B. 1955)

CAMPBELL, W ANT, & CANNON FOJTNDRY COMPANY 15
-runners at Hurley.' The contract which resulted- from that certifica-
tion was recently terminated, apparently as of June 30, 1955.
At the hearing in this case the Petitioner described the,-unit it now
seeks as the "bulldozer department, Santa Rita Division." This, of
course, is only a portion of the original unit of operators of power.-
.driven equipment which-the Petitioner represented as a result of the
1942 certification. To show, within the meaning of the American
Potash decision,' that it customarily represents bulldozer employees
the Petitioner introduced, into evidence,-its constitution, with amendd-
-mints through Apri'l` 1`952. This contains-a paragraph'at page 35 en-
titled : "(b) Hoisting and Portable Engineers' Craft Jurisdiction,"
-which lists bulldozers as one of many types of equipment operation
,covered. It also introduced evidence to show that the Employer's
bulldozer department at the mine consists of 12 employees classified
,as bulldozer operators, and 12 classified as, trackshifter dozer opera-
tors, together with their own foreman; that there is no interchange
between these employees and other employees of the mine; that sen-
iority is exercised within departments-transferees between depart-
ments going in as the "youngest man" ; and that bulldozer operators
are hired with experience whether they come from within the plant or
.are hired "At, the gate." Based upon this testimony and its constitu-
tional jurisdiction over bulldozer operators, the Petitioner urges the
Board to direct a severance election. Apart from other considera-
tions; on this record we find that the Petitioner has failed to sustain
its burden of showing that the Employer's bulldozer department as
,such contains employees identified with traditional occupations dis-
,tinct from those of other operators of power-driven equipment who
have in the past been represented as a group. Accordingly, as the de-
partmental unit sought is not appropriate for severance, we shall dis-
miss the petition.'
[The.'Board dismissed the petition.]
8 79 NLRB 347, 348.
e American Potash and Chemical Corporation, 107 NLRB 1418, 1424.
z Compare Tennessee Egg Company, 110 NLRB 189.
Campbell, Wyant & Cannon Foundry Company and Pattern
Makers League of North America , Muskegon Association,
AFL, Petitioner. Case No. ,7-RC-f836. September-1, 1955
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Myron Scott, hearing officer.
114 NLRB No. 5.
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The hearing officer's rulings made at the hearing are free from preju-
dicial 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-
Act. -
2. The labor organizations involved claim to represent certain em-'
ployees of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act, for the'following reasons: 1'
The Petitioner seeks to sever a unit of patternmakers and their ap-
prentices from, a production and maintenance unit which has been
represented by the Intervenor since 1941. Both the Employer and the
Intervenor contend that the unit sought is inappropriate.
The Employer operates a foundry for producing metal castings for
the automotive and allied trades. In making castings, it uses patterns
furnished by its customers. The principal function of the approxi-
mately 30 patternmakers involved in this proceeding is to do minor
repair work on these patterns. Major pattern repair work is done by
outside shops. In addition, the patternmakers, with the assistance of
carpenters and machinists , make a very small number of simple pat-
terns for core boxes and cam gears.
The Employer has no formal patternmaking apprentice or on-the-
job training program. None of the employees whom the Petitioner
seeks to represent is a journeyman patternmaker or has undergone
formal apprenticeship training. None of them had any patternmak'-
ing experience before starting with the Employer. They were either
transferred to the patternmaking department from other departments,
or were hired from the outside on the basis of ability as handymen.
Whatever skills they have were acquired by working under the close
supervision of their foremen, two of whom are journeymen pattern-
makers. They receive approximately $1.20 less per hour than-do jour-
neymen patternmakers in the Muskegon area.
We are not satisfied that the employees involved herein are true
members of the patternmaking craft. Accordingly, we find that the
proposed unit is inappropriate for severance purposes a We shaltt
'therefore dismiss the petition.
[The Board dismissed the petition.]
1 As the Employer's current collective-bargaining contract with the Intervenor, Inter-
national Union, United Automobile, Aircraft & Agricultural Implement Workers of America,
Local 539, CIO, will expire on November 1, 1955, we find that it is not a bar to this pro-
ceeding. IT. S. Tyler Co., 93 NLRB 523.
2 American Potaoh & Chemical Corp., 107 NLRB 1418.