General Motors Corp.

National Labor Relations Board - Board Decisions

Mar 30, 1955

111 N.L.R.B. 1238 (N.L.R.B. 1955)

1238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to lead to labor disputes burdening and obstructing commerce and the free flow of
commerce.
V. THE REMEDY
Having found that the Union has engaged in certain unfair labor practices, I shall
recommend that it cease and desist therefrom and take certain affirmative action de-
signed to effectuate the policies of the Act. Upon the basis of the foregoing findings
of fact and upon the entire record in the case, I make the following:
CONCLUSIONS OF LAW
1. Oakley A. Dahlberg and Ruth N. Dahlberg, co-partners d/b/a Waialua Dairy,
and Dairymen's Association, Ltd., are employers within the meaning of Section
2 (6) and (7) of the Act.
2. Hawaii Teamsters and Allied Workers Union, Local 996, is a labor organiza-
tion within the meaning of Section 2 (5) of the Act 20
3. By inducing and encouraging employees of Dairymen's Association, Ltd., to
engage in a concerted refusal to perform services for their employer with an object
of requiring such employer to cease doing business with Waialua Dairy, Hawaii
Teamsters and Allied Workers Union, Local 996, has engaged in unfair labor prac-
tices within the meaning of Section 8 (b) (4) (A) of the Act.
4. The aforesaid unfair labor practices are unfair practices affecting commerce
within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication.]
Appendix A
NOTICE To ALL MEMBERS OF HAWAII TEAMSTERS AND ALLIED WORKERS UNION,
LOCAL 996
Pursuant to the recommendations of a Trial Examiner of the National Labor Re-
lations Board, and in order to effectuate the policies of the National Labor Relations
Act, we hereby give notice that:
WE WILL NOT induce or encourage the employees of any employer to engage
in a strike or concerted refusal in the course of their employment to perform
any services for their employer, where an object thereof is to force or require
any employer or other person to cease using, selling, handling, transporting or
otherwise dealing in the products of Waialua Dairy, or to cease doing business
with Waialua Dairy.
HAWAII TEAMSTERS AND ALLIED WORKERS UNION, LOCAL 996,
Labor Organization.
Dated---------------- By----------------------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof, and must not be
altered, defaced, or covered by any other material.
20 Di Giorgio Wine Company, supra
GENERAL MOTORS CORPORATION, CHEVROLET MOTOR DIVISION, TONA-
WANDA, N. Y., FORGE PLANT i and INTERNATIONAL DIE SINKERS
CONFERENCE, INDEPENDENT UNION, PETITIONER . Case No. 3-RC-
1478. March 30, 1955
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before John M. Shea, Jr., hearing
1 The Employer's name appears as amended at the hearing.
111 NLRB No. 199.
GENERAL MOTORS CORPORATION 1239
officer. The hearing officer's rulings made at the hearing are free from
prejudicial 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 2 involved claim to represent certain
employees 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 Petitioner seeks to sever from the established production and
maintenance unit, a unit composed of "all employees working on dies
or parts of dies used in the manufacture and completion of forgings"
at the Employer's Tonawanda, New York, forge plant. The Em-
ployer and the Intervenor, citing a contract dated April 15, 1954,3
contend that their present production and maintenance unit is the only
appropriate unit.
The forge plant is a relatively new operation, having begun produc-
tion in 1954. It employs a total of 535 employees; 431 of this number
transferred from the Employer's adjacent aviation engine plant which
discontinued operations in December 1954.
In an attempt to clarify its requested unit, the Petitioner stated at
the hearing that it sought the employees in the classification listed in
group III of the Employer's and Intervenor's Local wage agreement.
The 21 classifications enumerated therein and the number of employees
in each category are as follows: boring mill operator (10) ; die
assenmbler-upset dies (5) ; die finisher-forging dies (19) ; die maker-
trimmer dies (13) ; die repair (10) ; die sinker-forge dies (9) ; drill
press operator (5) ; duplicator operator (29) ; grinder operator (2)
grinder operator-blanchard (2) ; inspector-tool die and fixture (1)
inspector layout (2) ; lathe operator (15) ; milling machine operator
(vertical and horizontal) (4) ; planer operator (9) ; shaper operator
(6) ; template maker (2) ; toolmaker (1) ; welder-die •(3) ; and tool
sharpener (6). The total number of employees in these classifica-
tions who work in the forge plant's tool and die shop is 155. Of this
number, 91 formerly worked at the aviation engine plant, which had
a tool and die shop, but which did not produce forge dies.
Physically, the tool and die shop is located with the maintenance
department in 1 building, with a wire fence separating the 2 depart-
2 International Union, United Automobile , Aircraft and Agricultural Implement Workers
of America UAW-CIO and its Local 1173 was allowed to intervene at the hearing on the
basis of its current contract with the Employer.
3 Contrary to the contention of the Employer and the Intervenor , we find that this con-
tract is not a bar to the instant proceeding , because its Mill B date is less than 30 days
from the date of the issuance of this decision . Dictaphone Corporation, 90 NLRB 962.
1240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ments. There has been only one incident of a transfer into the tool
and die shop. No apprenticeship program exists in the tool and die
shop, nor is one contemplated.
The record discloses that in order to qualify as a die sinker-forge
dies, one must serve an apprenticeship of 7 years. It further appears
that the work is highly skilled as is also that of the boring mill opera-
tor. We find that the men in these classifications are skilled crafts-
men. Moreover, although it is not entirely clear from the record, it
seems evident that the 1 toolmaker, the 2 template makers, and the 13
die maker-trimmer die employees are also skilled employees. In sup-
port of this conclusion, it appears that, as is the usual situation in a
tool and die shop, a large number of employees are highly skilled and
that the 3 classifications noted above are of the type usually found to
be skilled craft employees in toolrooms and machine shops.' Upon
the entire record and reasonable inferences based thereon,' we find that
the employees within the classifications of toolmaker, template maker,
and die maker-trimmer dies are skilled craft workers. The addition of
these employees to the clearly recognized craft group results in a
total of 35 craft employees. This number, amounting to more than
22 percent of the employees in the tool and die shop of the forge plant,
constitutes a substantial craft nucleus for purposes of severance on a
departmental basis .6 As these employees constitute a traditional de-
partmental unit sought by a union which has traditionally and his-
torically represented such employees on a departmental basis, we find
that they may constitute an appropriate unit. Accordingly, we shall
direct a self-determination election' in the following voting group :
All employees working in the tool and die shop at the Employer's
Tonawanda, New York, forge plant, but excluding all other employ-
ees, professional employees, guards, and supervisors as defined in the
Act.
If, in the election to be directed, a majority vote for the Petitioner,
they will be taken to have indicated their desire to constitute a sepa-
rate appropriate unit, and the Regional Director conducting the elec-
tion is instructed to issue a certification of representatives to the Peti-
4International Harvester Company, Harvester Division, East Moline Works, 90 NLRB
1905, at 1907 (die maker-trimmer dies) ; Landis Machine Company, 101 NLRB 628 (tool-
maker) ; The Vendo Company, 110 NLRB 807 (template maker). The Employer and the
Intervenor do not contend that the employees in these classifications are not skilled crafts.
men, nor do they argue that the skills of these employees are less than those of employees
usually so classified.
5 See International Harvester Company, Indianapolis Works , 82 NLRB 740 , at 743.
a The Board has not required that a craft nucleus constitute a specific proportion of the
entue department Thus, although the Board has found sufficient a very large craft
nucleus comprising more than half of the employees in the department , ( see General Elec-
trtio Company, 89 NLRB 726 , at 745 ) it has also found sufficient for severance purposes a
craft nucleus which contained less than 30 percent of the departmental personnel (see
Green Bay D? op Forge Company, 95 NLRB 1122, at 1124)
7 See St . Louis Car Company, 108 NLRB 1388 : A & P Controls Coi poration, 108 NLRB
693
REVERE COPPER AND BRASS, INCORPORATED 1241
tioner for the unit described above, which the Board, under such
circumstances, finds to be appropriate for purposes of collective bar-
gaining. In the event a majority vote for the Intervenor, the Board
finds that they may continue to be represented as part of the existing
unit, and the Regional Director will issue a certification of results of
election to such effect.
[Text of Direction of Election omitted from publication.]
REVERE COPPER AND BRASS , INCORPORATED and INTERNATIONAL ASSO-
CIATION OF MACHINISTS , DISTRICT 12, AFL, PETITIONER . Case No.
5-RC-1539. March 30, 1955
Decision and Direction of Elections
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Louis S. Wallerstein, hear-
ing officer: The hearing officer's rulings made at the hearing are free
from prejudicial 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 organization involved claims to represent certain 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. From an existing plantwide unit of production and maintenance
employees at the Employer's aluminum, copper, and brass products
plant, known as the Wicomico plant, at Baltimore, Maryland, the
Petitioner seeks to sever a unit of all die room employees, machine
shop employees, and blacksmith and welder shop employees, including
group leaders, but excluding office and clerical employees, technical
employees, all other production employees, pipe shop and electrical
shop employees, guards, and supervisors as defined in the Act. In the
alternative, the Petitioner seeks 2 separate units, consisting of die
room employees and of machine shop and blacksmith and welder shop
employees, respectively. The Employer and District 50, United Mine
Workers of America, the Intervenor, contend that the plantwide unit
is alone appropriate, on the ground that (a) Board policy precludes
severance at the Wicomico plant because of its alleged status as a basic
aluminum plant, and (b) the unit or units sought are inappropriate
for the purposes of severance.
111 NLRB No. 202.