Guy F. Atkinson Co.

National Labor Relations Board - Board Decisions

May 31, 1949

83 N.L.R.B. 1004 (N.L.R.B. 1949)

In the Matter of GUY F. ATKINSON COMPANY AND J. A. JONES CON-
STRUCTION COMPANY, EMPLOYER, and TECHNICAL ENGINEERS AND
ARCHITECTS ASSOCIATION, LOCAL 17, OF INTERNATIONAL FEDERATION
OF TECHNICAL ENGINEERS, ARCHITECTS AND DRAFTSMEN'S UNION,
A. F. L., PETITIONER
Case No. 19-RC-192.-Decided May 31, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing in this matter was held before
Patrick H. Walker, 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Gray].
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 organization named below claims 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) and Section 2 (6) and (7) of the Act.
4. Petitioner seeks a unit of all engineering employees and inspec-
tors employed in the Employer's, operation designated as the Richland-
Hanford area, in the State of Washington, including instrument men,
chainmen, axemen, rodmen, computors, draftsmen, inspectors, chiefs
of party, and estimators, but excluding clerical employees, teamsters,
building trades craftsmen and laborers, guards, and all supervisors as
defined in the Act.
The Employer has no objection to the unit sought by the Petitioner
except insofar as it includes estimators and chiefs of party. The
3 Matter of Roane-Anderson Company , 71 N. L. R. B. 266 . Matter of Starrett Brothers
& Eken, Inc., 77 N. L. R. B. 275.
83 N. L. R. B., No. 142.
1004
GUY F. ATKINSON COMPANY 1005
Employer contends that the estimators should be excluded because they
are engaged in a type of work which reposes in them information of
a confidential nature, and that the chiefs of party are supervisors.
The estimators assist in the establishment of the Employer's cost
estimates on a given job. They are required to take a set of drawings
and specifications and study them, determining therefrom the require-
ments of the facility which it is intended to construct. Based upon
this study, they "take off quantities" of materials, price them, obtain
unit prices, and put them together in such a manner that the Employer
will have an estimate upon which he may base a successful bid. If
possible, the estimator works together in a team with the superintend-
ent of construction designated to do the work in the event of a success-
ful bid., This team develops procedures to be followed in the con-
struction work, and the estimator prices up the estimate on that basis.
He sometimes may solicit sub-bids from vendors and subcontractors.
At Hanford the competitive factor of the estimator's work is not
present, but he is required to perform his work to obtain a basis for
determining the appropriation to be requested for the project.
As the confidential information possessed by the estimators pertains
to matters of a business nature rather than to the field of labor rela-
tions, we find that they are not confidential employees such as we
would exclude, for that reason, from an appropriate unit. The record
establishes, however, that a high degree of intellectual ability, as well
as a substantial background of training, education, and experience is
required of the estimators. In view of this fact, and the nature of their
duties above described, we find that they are professional employees
within the meaning of the amended Act,2 and as such may not be
included in the same unit with the nonprofessional employees unless a
majority of the estimators vote for such inclusion. Accordingly, we
shall set up a separate voting group for the estimators to ascertain
their desires as to inclusion with the other classifications in the appro-
priate unit. If, in the separate election herein directed, a majority of
the estimators vote for the Petitioner, they will be taken to have indi-
cated their desire to be included in the unit.
There remains for consideration the supervisory status of the chiefs
of party. The individuals in this classification responsibly direct the
efforts of the men working under them and may effectively recommend
the hiring and discharge of employees. We find that they are super-
visors within the meaning of the Act and shall exclude them from the
unit .3
2 Matter of The Austin Company, 77 N. L. R. B . 938, but cf . Matter of Starrett Brothers cE
Eken, Inc., 77 N L R. B 275.
2 Matter of Steetweld Equipment Company, Inc., 76 N . L. R. B. 831.
1006 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We shall direct that separate elections be held in the following vot-
ing groups at the Employer's Hanford, Washington, operations, and
shall defer our determination as to the scope of the unit until the
sults of these elections have been ascertained :
(1) all engineering employees and inspectors, including instrument
men, chainmen, axemen, rodmen, computors, draftsmen, and inspectors,
but excluding chiefs of party, clerical employees, teamsters, building
trades craftsmen and laborers, guards, and all supervisors as defined in
the Act;
(2) all estimators, excluding supervisors as defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain ' representatives for the
purposes 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 Nineteenth Region and
subject to Sections 203.61 and 203.62 of National Labor Relations,
Board Rules and Regulations-Series 5, as amended, among the em-
ployees in the voting groups described above, who were employed dur-
ing the pay-roll period immediately preceding the date of this
Direction of Election, 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 dis-
charged 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
entitled to reinstatement, to determine whether or not they desire to be
represented, for purposes of collective bargaining, by Technical En-
gineers and Architects Association, Local 17, of International Federa-
tion of Technical Engineers, Architects and Draftsmen's Unions,
A.F.L.