Certain-Teed Products Corp.

National Labor Relations Board - Board Decisions

Aug 9, 1948

78 N.L.R.B. 910 (N.L.R.B. 1948)

In the Matter of CERTAIN-TEED PRODUCTS CORPORATION, EMPLOYER and
UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, LOCAL
169, AFL, PETITIONER
Case No. 14-RC-175.-Decided August 9,-19418 -
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members. *
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 em-
ployees of the Employer.
3. A 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.'
4. The appropriate unit; the determination of representatives:
The Petitioner desires a unit of all employees engaged in making,
erecting, assembling, installing, dismantling, repairing, and maintain-
ing all machinery and parts thereof, excluding boilermakers, elec-
tricians, engineers, and all other employees and supervisors as defined
in the amended Act. In effect, such a unit would consist of mill-
* Chairman Herzog and Members Houston and Reynolds.
' The Intervenor contends that its contract entered into with the Employer on May 1,
1947, is a bat to this proceeding This contention is clearly without merit because not only
was the petition herein filed approximately 2i months before the Mill B date , but also
because the contract was limited in its coverage to members only. Matter of General Shale
Products Corporation, 75 N. L R. B 778 . Mattel of Southwestern Public Service Company,
38N.L.R B 926
78 N. L. R. B., No. 125.
910
CERTAIN-TEED PRODUCTS CORPORATION 911
wrights, millwright apprentices, machinists, and machinist ap-
prentice. The International Association of Machinists, District No. 9,
the Intervenor herein, contends that the machinists, who have been
bargained for separately since 1937, comprise an appropriate unit
apart from the millwrights. It suggests that there should be two units,
one composed of millwrights and apprentices, and the other, of the
machinists and their apprentice. The Employer takes no position as
to what unit might be appropriate.
The millwrights and their apprentices work throughout the plant
and are engaged in assembling, installing, dismantling, repairing, and
maintaining machinery. The machinists and their apprentice work
approximately 90 percent of the time in a machine shop, which is a
separate enclosed room, with such tools of the trade as lathes, shapers.
planing machines, and drill presses. For the remaining 10 percent
they go throughout the plant doing the same type of work as the mill-
wrights. Although there has been no interchange between the groups
of machinists and millwrights, apparently they have worked together
on particular jobs and the millwrights spend some of their time in the
machine shop using the equipment there. A master mechanic and his
assistant supervise the work of both the millwrights and the ma-
chinists.
Historically millwrights were carpenters who learned the additional
skills required for the installation of machinery. Both traditionally
and in practice they have been associated with the work of carpenters
and the work of machinists.2 The record reveals that the machinists
and millwrights involved in this proceeding are skilled craft em-
ployees.
Since 1937 the carpenters and millwrights have been represented by
the Petitioner, whereas the Intervenor has represented the machinists.
Although the contracts involved covered members only and we have
held that we would not accord a record of bargaining history based
on such contracts the sane weight ascribed to bargaining history on an
exclusive representation basis,3 the former kind of history nevertheless
furnishes some evidence as to the appropriateness of a unit 4 Under
these circumstances, we believe that the machinists may, if they so
desire, constitute a separate appropriate unit or be represented in a
broader unit together with the millwrights.
However, the Board will not make any unit determination until
it has first ascertained the desires of the employees involved. If in
2 Matter of International Harvester Company, 73 N L R B 971
3 Matter of Spicer Mannfactur inq Division of Dana Corporation, 71 N L. R B. 1249 ;
Matter of Liggett Di ug Company , Inc, 73 N L R B 312.
4 Matter of Southwester it Public Serr,ice Company , 58 N L. R B 926 , Matter of Rich-
field Oil Corporation , 59 N. L R B 1554.
912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
this election the machinists vote for the Intervenor, they will be taken,
to have indicated their desire to constitute a separate bargaining unit 6-
We shall direct that separate elections by secret ballot be held among-
the employees at the Employer's plant within the following voting
groups, excluding boilermakers, electricians, engineers, and all other-
employees and supervisors as defined in the amended Act :
(1) All millwrights and apprentices.
(2) All machinists and the machinists' apprentice.
DIRECTION OF ELECTIONS 6
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, separate elections,
by secret ballot shall be conducted as early as possible, but not later
than 30 days from the date of this Direction, under the direction and_
supervision of the Regional Director for the Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of the National
Labor Relations Board Rules and Regulations-Series 5, among the
employees in the voting groups described above, who were employed',
during the pay-roll period immediately preceding the date of this
Direction, including the employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily laid off,
but excluding those employees who have since quit or been discharged'
for cause and have not been rehired or reinstated prior to the date of
the election, and also excluding employees on strike who are not en-
titled to reinstatement, to determine whether :
(1)- The employees in Group 1 desire to be represented by United
Brotherhood of Carpenters & Joiners of America, Local 169, AFL,
for the purposes of collective bargaining.
(2) The employees in Group 2 desire to be represented by United
Brotherhood of Carpenters R Joiners of America, Local 169, AFL,
or by International Association of Machinists, District No. 9, for the,
purposes of collective bargaining, or by neither.
' See Matter of Brown and Root, Inc, et al, 77 N. L R B 1136 , and Matter of Inter-
national Harvester Company , footnote 2, supra , « heie in the converse situation , "globe"
elections for millwrights were authorized to determine whether they desired to be in the
same unit with machinists or in a separate unit.
6 Any participant in the election directed herein may , upon its prompt request to, and
approval thereof by , the Regional Director , have its name removed from the ballot-