Faultless Caster Corp.

National Labor Relations Board - Board Decisions

Jan 9, 1951

92 N.L.R.B. 1192 (N.L.R.B. 1951)

In the Matter of FAULTLESS CASTER CORPORATION, EMPLOYER and
LOCAL 813 , UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF
AMERICA, PETITIONER
Case No. 35-RC-.4..40.Decided January 9, 1951
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Seymour Goldstein, hearing
officer. 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 Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman Herzog and Members Murdock and Styles].
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 involved claims to represent employees
of the Employer.
3. No question affecting commerce exists concerning the represen-
tation 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:
The Petitioner seeks to represent four watchmen employed at the
Employer's plant in Evansville, Indiana, either as part of the current
production and maintenance unit for which it is the bargaining
representative or in a separate unit. The employees requested have
previously been excluded from the production and maintenance unit
because of their duties as watchmen.' The Petitioner now contends
that the watchmen are, in fact, general maintenance employees rather
than guards. The Employer agrees with this contention as to one of
the watchmen, but disagrees as to the remaining three.
The record reveals that the disputed watchmen 2 spend approxi-
mately 25 to 40 minutes out of every working hour in monitorial
duties, which include inspecting the Employer' s premises and pro-
1 Faultless Caster Corporation, 53 NLRB 1335.
2 James Trowbridge , Benjamin Matirey, and Glenn Critchfield.
92 NLRB No. 180.
1192
FAULTLESS CASTER CORPORATION 1193
tecting its property against fire, theft, and trespass. In addition
to firing boilers and performing other maintenance tasks, they also
relieve the uniformed guards at the main gate whenever necessary.
As it seems clear from the record that more than 50 percent of the
time of these watchmen is spent in plant protection duties, we find
that they are guards, within the meaning of the amended Act and
may not properly be represented by the Petitioner.3
The record supports the parties' agreement that at least 50 percent
of the remaining watchman's 4 time is spent in maintenance and non-
monitorial duties. He may properly be included in the existing
production and maintenance unit. Accordingly, we shall dismiss the
petition herein, there being no question concerning the Petitioner's
majority status in the existing production and maintenance unit .5
ORDER
IT IS HEREBY ORDERED that the petition filed herein by Local 813,
United Electrical Radio and Machine Workers, of . America; be, and
it hereby is, dismissed.
8 Marshall Manufacturing and Processing Co., 82 NLRB 959.
4 William Lovell. F,
8 See Continental Oil Co., 88 NLRB 19.
929979-51-vol. 92-77