Cribben & Sexton Co.

National Labor Relations Board - Board Decisions

Apr 20, 1949

82 N.L.R.B. 1409 (N.L.R.B. 1949)

In the Matter of CRIBBEN & SEXTON COMPANY, EMPLOYER and INTER-
NATIONAL UNION7 UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, CIO, PETITIONER
In the Matter Of CRIBBEN & SEXTON COMPANY, EMPLOYER and DIE &
TOOL MAKERS LODGE No. 113, INTERNATIONAL ASSOCIATION OF
MACHINISTS, PETITIONER
Cases Nos. 13-RC-400 and 13-RC-484, respectively.Decided
April 20, 1949
DECISION
AND
DIRECTION OF ELECTIONS
Upon. separate petitions duly filed , a hearing in these consolidated
cases 1 was held in Chicago, Illinois , between December 17, 1948, and
February 4, 1949, before Morris Slavney , hearing officer . The hearing
officer 's rulings made at the hearing are free from prejudicial error
and are hereby affirmed . At the hearing, the United Electrical , Radio,
and Machine Workers of America, CIO , and Amalgamated Local 114,
United Electrical Radio and Machine Workers of America, CIO,
herein called the Intervenors , moved to dismiss the petitions 2 For
the reasons hereinafter stated , the motions are hereby denied.
-Cases No. 13-RC-400 and 13-RC-484 were consolidated by order of the Regional
Director on December 9, 1948.
2 The Intervenors moved to dismiss the petition of the International Union, United
Automobile, Aircraft and Agricultural Implement Workers of America, CIO, hereinafter
called the UAW, on the ground, among others, that it was not the real party in interest but
was "fronting" for its Local 357, which is not in compliance with Section 9 (f), (g), and
(h), of the National Labor Relations Act, as amended. The record discloses that the UAW
assigned "Local 357" to the employees involved herein and has issued a charter, but that
the charter remains in the office and possession of the UAW It further appears that no
officers have been elected for Local 357, nor have any dues been collected. There has been
no allegation or showing of subterfuge or of incapacity to undertake bargaining on the part
of the UAW. Under these circumstances, we conclude that "Local 357" is not in existence
as a functioning organization and because it has no officers it is patently incapable of
complying with the filing requirements of the Act as amended. Accordingly, we find that
the Petitioner is the real party in interest in this proceeding. The Intervenors' motion to
dismiss is hereby denied. See Matter of Oppenheim Collins f Co. Inc, 79 N L. R B. 435;
Matter of Mergenthaler Linotype Company, 80 N L R B. 132.
82 N. L R B., No. 159.
1409
1410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.*
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organizations involved claim to represent employees
of the Employer.
3. The question concerning representation :
The most recent collective bargaining agreement between the Em-
ployer and the Intervenors covering the employees herein, is a 2-year
contract executed on May 26. 1947, and effective to May 26, 1949. The
original petitions of the UAW and the IAM were filed on October 1,
1948, and December 1, 1948, respectively. The Intervenors assert and
the Petitioners deny that the existing contract with the Employer is a
bar to this proceeding.
As the contract is about to expire, we find, apart from other consid-
erations affecting the contract,' that the contract is not a bar to a
present determination of representatives.4 In directing elections at the
present time, we do not thereby intend to abrogate any rights the
parties may have under existing contracts. Any certification bf repre-
sentatives which we may issue as the results of the elections shall be
for the purpose of negotiating a new contract to take effect upon the
expiration of the existing agreement.
4. The appropriate unit:
The IAM seeks a severance from the existing production and main-
tenance unit of an alleged craft group consisting of all tool and die
makers, toolroom machinists, junior machinists, toolroom lathe oper-
ators, toolroom boring mill operators, jig makers, their helpers and
apprentices, excluding tool crib attendants, oilers, the die designers,
sweepers, office and clerical employees, guards, professional employees,
all supervisors and all other employees of the Employer. The UAW
seeks a unit of all production and maintenance employees. The Inter-
venor and the Employer agree that the unit proposed by the UAW
is appropriate and oppose the severance of the group sought by the
* Reynolds , Murdock, and Gray.
Although the contract contains an unauthorized union-shop provision , we do not find
that this factor prevents the contract from operating as a bar since the contract was executed
prior to the enactment of the Labor Management Relations Act of 1947 See Matter of
Tennessee Coal, Iron & Railroad Company, Case No. 10-RC-164 (unpublished) decided on
appeal December 7, 1948 Cf. Matter of Ball B,os . Company of California, Inc., 80 N L.
R B. 1316
4 Matter of National Lead Company , Titanium Dieis¢on, 77 N. L. R B. 1055, Matter of
H & A. Selmer, Inc., 81 N. L. It. B ., 1305; Matter of Bentwood Products, Inc., 81 N. L.
R B. 635.
In view of our conclusion , we find it unnecessary to resolve the issue raised by the UAW's
assertion that the contract is not a bar upon the ground that the Intervenors , following a
concerted shift of membership on the part of the Employers' employees from the Intervenor
to the UAW, became defunct bargaining representatives with respect to these employees
CRIBBEN & SEXTON COMPANY 1411
TAM because of the history of collective bargaining on a broader basis,
the lack of an apprenticeship program in the plant, and the alleged
fact that these employees are not highly skilled craftsmen and that
their duties are integrated with the operations of the plant as a
whole.
The machine shop 6 is located in the basement of the main building
of the 5-building plant, separate from the production departments.
Adjacent to the machine shop are the offices of the machine shop
foreman, the die designer and the tool crib. All the employees in the
proposed unit are at all times under the direct supervision of the
machine shop foreman. The record reveals that there is no inter-
change between these employees and the employees in other depart-
ments.
The 20 grade A and B tool and die makers make dies, jigs, and fix-
tures. Generally their work is performed in the machine shop but they
are at times required to go into the production departments to set, ad-
just, and repair dies. While the tool and die makers are performing
work in the production departments the machine shop foreman is
usually present. The toolroom machinists work only in the machine
shop where they perform the usual machinist duties on tools and
dies. The toolroom machinists helper and the junior toolroom ma-
chinists perform similar work requiring less skill and a lesser degree
of tolerance than required of the toolroom machinists. The 2 main-
tenance machinists repair machines, presses, and lathes in the ma-
chine shop and production departments. Like most maintenance
machinists, their duties require them to perform approximately 90
percent of their work in the production departments. However, they
remain at all times under the supervision of the machine shop fore-
man. All these employees own their own tools which they use in
addition to the various machines and tools contained in the machine
shop. The lathe operators work from blueprints and sketches and
make their own setups. The lathe operators and the boring mill
operators perform all of their duties in the machine shop and are
considered by the Employer to be skilled employees. Although there
is no formal apprenticeship program in effect in the plant, all skilled
machine shop employees are hired by the machine shop foreman after
they have been referred to him by the personnel department. The
personnel director admitted that the Employer would not consider
or refer an applicant to the machine shop foreman unless such appli-
cant had from 6 to 8 years of experience in the machinists' and die
makers' craft.
6 The machine shop is generally known in the plant as the toolroom.
1412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In view of the foregoing, we find that the machine operators and
die makers sought by the IAM are an identifiable, homogeneous craft
group of a type which the Board has in the past found appropriate for
purposes of collective bargaining.6 Accordingly, we believe that the
group sought by the IAM may constitute an appropriate unit if the
employees in that group so desire.7 However, we shall make no final
unit determination at this time, but shall first ascertain the desires of
the employees as expressed in the elections hereinafter directed. We
shall direct that separate elections by secret ballot be held among the
employees at the Employer's Chicago, Illinois, plant within the fol-
lowing voting groups, excluding all plant protection employees,
professional, and clerical employees and all supervisors as defined by
the Act :
1. All employees engaged in the making and repairing of tools, dies,
and fixtures, including tool and die makers, toolroom machinists,
junior toolroom machinists, machinists' helpers, boring mill operators,
jig makers, and toolroom lathe operators, but excluding oilers, sweep-
ers, clerk, tool crib attendants, die designers and all other employees.
2. All remaining production and maintenance employees.
DIRECTION OF ELECTIONS 9
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, 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 super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor Re-
lations Board Rules and Regulations-Series 5, as amended, among the
employees in the voting groups described in paragraph numbered 4,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Elections, including employees
who did not work during said pay-roll period because they were ill or
6Matter of Robertshaw -Fulton Controls Company, 77 N L R . B 316 ; Matter of Dazey
Corporation , 77 N L R B 408 ; Matter of General Electric Company , Plastics Division of
the Chemical Department , 81 N L R B 476 ; Matter of General Electric Company
(Lynn River Works ), 81 N. L R. B. 1010
Y In contrast with thit group, the employees whom the IAM would exclude, namely the
oilers, the sweepers , the clerk , and the tool crib attendants , appear upon the record to lack
craft qualifications or similarity of interests required for their inclusion within the voting
group hereinafter established.
8 None of the parties oppose the IAM 's request for the exclusion of the die designer
Without determining whether he is a professional employee within the meaning of the Act,
as amended , we find that his interests differ from those of the employees in the craft voting
group , accordingly , we exclude him therefrom
B We shall not place the Intervenors ' names on the ballot , inasmuch as they have not
complied with Section 9 ( f), (g), and ( h) of the Act
CRIBBEN & SEXTON COMPANY 1413
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 em-
ployees on' strike who are not entitled to reinstatement, to determine
(1) whether the employees in voting group 1 desire to be represented,
for purposes of collective bargaining, by the International Associa-
tion of Machinists or by International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America, CIO, or
by neither; and (2) whether or not the employees in voting group 2
desire to be represented, for purposes of collective bargaining, by the
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, CIO.
838914-50-vol. 82-90