Dazey Corp.

National Labor Relations Board - Board Decisions

Apr 29, 1948

77 N.L.R.B. 408 (N.L.R.B. 1948)

In the Matter of DAZEY CORPORATION, EMPLOYER and INTERNATIONAL
ASSOCIATION OF MACHINISTS, DISTRICT No. 9, PETITIONER
III the Matter of DAZEY CORPORATION, EMPLOYER and METAL POLISHERS,
BUFFERS, PLATERS AND HELPERS, INTERNATIONAL UNION, LOCAL 13,
AFL , PETITIONER
Cases Nos. 14-R-1720 and 14-RC--34, respectively.Decided
April 29, 1948
Messrs. Charles H. Spoehrer and Ray Reed , of St. Louis, Mo., for the
Employer.
Messrs. Cody Quinn and Russell Davis , of St. Louis, Mo., for the
Machinists.
Mr. Joseph Waldron, of St. Louis, Mo., for the Metal Polishers.
Messrs. William Sentner and Clarence Bingaman, of St. Louis, Mo.,
for the Intervenor.
DECISION
DIRECTION OF ELECTION
AND
ORDER
Upon separate amended petitions duly filed, a consolidated hearing
in this case was held at St. Louis, Missouri, on December 17, 1947,
before Glerin L. Moller, hearing officer. Except for his ruling limit-
ing the scope of intervention herein, the hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.'
Upon the entire record in the case, the National Labor Relations
Board 2 makes the following :
3 United Electrical, Radio and Machine Workers of America, hereinafter called the
Intervenor, not having complied with Section 9 (f) and (h) of the Act, was permitted
by the hearing officer to intervene at the hearing only for the limited purpose of asserting
any contract rights it might have. On February 19, 1948, upon reviewing the record, the
Board ordered the record reopened for the purpose of affording the Intervenor an oppor-
tunity to be heard on all the issues in the instant case. On March 15, 1948, however, the
Intervenor signed a stipulation waiving any further hearing, and none has been held
*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 [Houston, Reynolds, and Gray].
77 N L R. B., No 66.
408
DAZEY CORPORATION
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
409
Dazey Corporation, a Missouri corporation with its principal place
of business at St. Louis, Missouri, is engaged in the manufacture and
sale of household appliances, employing about 185 persons.
Its St. Louis, Missouri, plant is the only plant concerned in this
proceeding. During 1946, the Employer imported raw materials,
valued in excess of $500,000, of which approximately 75 percent was
shipped to its St. Louis, Missouri, plant from points outside the State.
During the same period the value of the output of this plant was more
than $1,000,000, of which approximately 90 percent was shipped to
points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the Act.
H. THE ORGANIZATIONS INVOLVED
The Petitioner in Case No . 14-R-1720, herein called the Machinists,
is an unaffiliated labor organization , claiming to represent employees
of the Employer.
The Petitioner in Case No . 14-RC-34, herein called the Metal
Polishers , is a labor organization affiliated with the American Federa-
tion of Labor, claiming to represent employees of the Employer.
United Electrical , Radio and Machine Workers of America , herein
called the Intervenor , is a labor organization affiliated with the Con-
gress of Industrial Organizations , claiming to represent employees of
the Employer.
HI. THE QUESTIONS CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioners as the exclusive
bargaining representatives of employees of the Employer until the
Petitioners have been certified by the Board in appropriate units.
In December 1943, the Intervenor, pursuant to a consent election,
was designated as representative of employees at the Employer's St.
Louis plant,3 and thereafter executed a series of annual contracts with
the Employer. The most recent of these contracts was executed on
June 30, 1947. The Machinists filed its petition on March 21, 1947.
This petition is, accordingly, not barred by the current contract.
The Metal Polishers did not file its petition until October 16, 1947,
about 31/2 months after the execution of the current contract. While
' Matter of Dazey Corporation , Case No 14-R-836. On June 9, 1947, the Metal Polishers
were certified for a unit of polishers , buffers , and apprentices Matter of Dazey Corpora-
tion, 73 N L R B 788
410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the wage rates and job classifications in the plating department unit
sought herein by the Metal Polishers are covered by this contract, that
department was not in full operation and did not have a representative
complement of employees at the time the current contract was exe-
cuted. Under these circumstances, we find that this contract does not
bar the Metal Polishers' petition.'
We find that 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.
II'. THE APPROPRIATE UNIT; TILE DETERMINATION OF REPRESENTATIVES'
The Machinists seek a unit of the Employer 's tool and die makers
and their apprentices and machinists , excluding mechanics , helpers,
tool crib attendants , and supervisors . The Metal Polishers seek a
unit consisting of all employees in the plating department . The Em-
ployer opposes severance of these groups front the existing plant-wide
unit, but does not otherwise object to the specific composition of the
units sought by the Petitioners.'
(1) The plating department : The plating department is located in
a separate building and the employees in that department are under
separate immediate supervision . This department was not established
until April 1947, and did not go into full production until August
1947. About 90 percent of the articles produced in the plant involved
go to the plating department , where they are "degreased," rinsed,
dipped into a plating solution , and packed and removed to other parts
of the plant . Most of the employees in this department have been
recruited from personnel formerly employed elsewhere in the plant.
There has been frequent interchange of employees between the plating
department and other departments . Their hours of work are the
same as those of production workers generally.
The majority of the jobs in the plating department require little
or no skill or training . Thus , while one job (chrome plater) requires
4 years ' training , the rest of the work in the plating operation is either
unskilled or can be done competently after a training period ranging
from 1 week for rackers to 1 year for the bouderizer.b
+Matter of Mitchell Manufacturing Company, 70 N L It B 12;8
The Intervenor was not permitted at the hearing to participate in the discussion of the
unit problem , and failed to avail itself of the oppoituiuty later afforded it by the Board
to be heard on the issue . See footnote 2, above
00f the remaining categories of employees in the plating department , the present barrel
plater helpers required 6 to S months of training before they were fully competent.
"ordinary help " have been used for the work of bondeiizer helpers, the "all around
helpers" are unskilled laborers ; the inspectors do the work of rackers and at the same time
examine the output of the other rackers for defects , and the leadman assists the foreman
in the performance of routine duties.
DAZEY CORPORATION 411
Where a unit has been requested composed of (1) employees en-
gaged in plating operations similar to those in the instant case and
(2) polishers or buffers, the Board has frequently found such a unit
appropriate on the ground that it comprised a, traditional craft group.'
On the other hand, where the unit sought is limited to such plating
employees alone, the Board has held that the platers did not possess
the special skills of a craft group and so did not constitute an appro-
priate units
In view of all the foregoing circumstances, we find that a unit com-
posed of employees in the Employer's plating department is inappro-
priate for collective bargaining purposes, and we shall, accordingly,
dismiss the Metal Polishers' petition .9
(2) The tool and die makers and machinists: The tool and die
makers are highly skilled craftsmen, required to serve an apprentice-
ship of 41/2 years. They work in the toolroom under separate im-
mediate supervision and are the highest paid employees in the plant.
They fabricate and repair tools and dies. None of the other employees
in the plant, including the machinists, is qualified to do the work of
tool and die makers. Their equipment consists of lathes, a shaper, a
milling machine, a band saw, and a surface grinder.
The machinists' group consists of machinists first and second class.
Some of the machinists are assigned to the toolroom, others to the
maintenance department, and one to the plating department. They
are responsible to the same foremen as are the rest of the employees in
their respective departments. The Employer has no apprenticeship
program for these machinists, and the record does not disclose what
training or experience they are required to have. They must be able,
however, to operate, take apart and repair power-driven machine
tools, including drill presses, punch presses, and the equipment located
in the toolroom. All the machinists have the same basic skills and
are paid at the same rates, except that the machinist first-class receives
a higher rate than the machinist second-class.
P Matter of Unity Man nfactwing Company, 74 N. L. R, B. 1047 : Matter of Sivartzbaugh
iffy Co , 73 N L R B 538, Matter of Balcrank, Inc, 66 N L. R B 600 , Matter of The
Elects is Auto-Lite Company, 76 N L R B 1189 Cf Mutter of American Cabinet
$ardwvare Company , 74 N L It B 1023 , and flatter of Dover Appliance Company, 76
N. L R.B 1131
Matter of American Manufacturing Company , 76 N L R B 647.
It is not necessary to consider in this case what result we would reach if, instead of
requesting a separate unit of plating department employees, the Metal Polishers had
sought to attach some or all of them to the existing craft unit of polishers and buffers.
It is clear from the record that the Metal Polishers do not at present desire to add any of
the employees in the plating department to the unit of polishes s and buffers.
As already stated, the Metal Polishers has been certified as the representative of the
Employer 's polishers and buffers and their apprentices . In Matter of The Electric Auto-
Lite Company, supra , where the Board found appropriate a unit of buffers and platers, it
was pointed out that the buffets were a nucleus of skilled employees, to which the relatively
less skilled platers might properly he attached
412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The machinists and tool and die makers constitute an identifiable,
homogeneous craft group which the Board has in the past found
appropriate in the manufacturing industry.1° This result has been
reached notwithstanding a history of collective bargaining on a plant-
wide basis."'
We are, accordingly, of the opinion that the group sought by the
Machinists may constitute an appropriate unit if the employees in that
group so desire. However, we shall make no unit determination pend-
ing the outcome of the election directed below. If, in this election, the
employees in the voting group described below select the Machinists,
they will be taken to have indicated their desire to. constitute a separate
bargaining unit; otherwise, we shall dismiss the petition. We shall
not place the Intervenor's name on the ballot, inasmuch as it has not
complied with Section 9 (f) and (h) of the amended Act 12
We shall direct an election among the following employees in the
Employer's St. Louis plant.
All tool and die makers and their apprentices and all machinists '13
excluding mechanics, helpers, tool crib attendants, and supervisors.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Dazey Corporation, St. Louis,
Missouri, an election by secret ballot shall be conducted as early as
possible, but not later than thirty (30) days from the date of this
Direction, under the direction and supervision of the Regional Director
for the Fourteenth Region, and subject to Sections 203.61 and 203.62
of National Labor Relations Board Rules and Regulations-Series
5, among the employees in the voting group described in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including 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 rein-
stated prior to the date of the election, and also excluding employees
10 Matter of Continental Can Company, Inc, 73 N. L. R. B. 1375; 76 N . L. It. B. 131;
Matter of Columbus Bolt Works , 76 N. L R B 305, Matter of Norge Dtutsion, Borg
Warner Corporation, 72 N. L. R B. 1020; Matter of American Can Company, 75 N. L. R B.
1127.
11 Matter of Continental Can Company , 76 N L It. B. 131; and Matter of Columbus Bolt
Works, supra
11 Matter of Rtite-Form Corset Company, 75 N L R. B. 174.
13 It appears from the record that while two employees in the plating department are
classified as machinists , only one, Prank Drewel, actually has the skill , and does the work,
of a machinist . Accordingly, he is the only employee in the plating department deemed
to be included in this voting group.
DAZEY CORPORATION 413
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented by International Association of
Machinists, District No. 9, for the purposes of collective bargaining.
ORDER
Upon the basis of the above findings of fact and the entire record in
the case, the National Labor Relations Board hereby orders that the
petition for investigation and certification of representatives of em-
ployees of Dazey Corporation, St. Louis, Missouri, filed in Case No.
14-RC-34 by Metal Polishers, Buffers, Platers and Helpers, Interna-
tional Union, Local 13, AFL, be, and it hereby is, dismissed.