Herman Nelson Corp.

National Labor Relations Board - Board Decisions

Jul 14, 1949

85 N.L.R.B. 206 (N.L.R.B. 1949)

In the Matter Of HERMAN NELSON CORPORATION, EMPLOYER and
DISTRICT No. 102, INTERNATIONAL ASSOCIATION OF MACHINISTS,
PETITIONER
Case No. 13-RC-621.-Decided July 14, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Morris Slavney,
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
thise case to a three-member panel [Chairman Herzog and Members
Houston and Murdock].
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 organizations 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 a unit consisting of all tool and die makers,
machinists, leadmen, helpers, and apprentices in the Employer's tool-
room. United Electrical, Radio and Machine Workers of America,
CIO, and its Local 822, herein called the Intervenors, and the Em-
ployer contend that the over-all production and maintenance unit,
heretofore represented by the Intervenors,, is appropriate.
The toolroom is in a separate enclosure within the plant building.
The general maintenance foreman is in charge of the toolroom and
' Local 814, of the United Electrical , Radio and Machine Workers of America, CIO, had
represented the production and maintenance employees of the Employer since its certifi-
cation in 1943. On January 31, 1949, Local 814 with the consent of the Employer, assigned
its rights under its most recent contract to Local 822, one of the Intervenors herein.
The Intervenors contend that this contract is a bar to the present proceeding . We find no
merit in this contention as the contract in question expired on June 1, 1949.
85 N. L. R. B., No. 35.
206
HERMAN NELSON CORPORATION 207
the maintenance department. The tool and die makers fabricate and
repair tools, dies, and fixtures for the production departments. Ap-
proximately 95 percent of their time is spent in the toolroom, the re-
mainder in the various production departments assembling and
adjusting dies. The tool and die makers are highly skilled,2 and are
the highest paid of the Employer's hourly rated employees.3 They
own their own tools. There are nine toolroom employees, eight of
whom are classified by the Employer as Tool Makers A and one as Tool
Maker B. Tool Makers A, by the Employer's job description, must
have 4 years' training and experience; and Tool Makers B, from 2 to 3
years. All the tool and die makers at present employed by the
Employer meet these standards.
Under the terms of the contracts between the Employer and the
Intervenors, other employees could exercise seniority privileges in
the toolroom only if they met the minimum job requirements. Trans-
fers to the toolroom have been infrequent. There have been no more
than two such transfers in the past year and a half.
In view of the foregoing, we find that the Employer's tool and die
makers are an identifiable, homogeneous, highly skilled craft group,
which may constitute an appropriate unit notwithstanding the pre-
vious history of collective bargaining on a broader basis 4 However,
we shall make no unit determination pending the outcome of the elec-
tion directed below. If, in this election, the employees in the voting
group described below select the Petitioner, they will be taken to have
indicated their desire to constitute a separate bargaining unit; other-
wise, we shall dismiss the petition.
We shall direct an election among the following employees in the
Employer's Moline, Illinois, plant :
All tool and die makers, machinists, leadman,5 helpers, and appren-
tices 6 in the toolroom, excluding office and clerical employees, guards,
professional employees, supervisors, and all other employees.
2 Only two employees in other departments of the plant possess qualifications equivalent
to those of the tool and die makers . One of these employees is in the special products
department , and works exclusively with sheet metal. The other works in the machine
shop, and spends 90 percent of his time on production work.
The gross earnings of certain production employees may, on occasion , exceed the earn-
ings of the tool and die makers, by reason of the Employer 's incentive bonus plan.
4 Matter of Jefferson Electric Company , 80 N. L. R. B. 6. See Matter of C. V. Hill and
Company, Inc., 76 N. L. R. B. 158.
6 The record shows that the leadman spends 90 percent of his time as a tool and die
maker . He consults with the other toolroom employees concerning their work, but he
possesses none of the indicia of supervisory authority . He has been included in the unit
represented by the Intervenors . We shall, therefore , include him in the unit.
9 Although it appears that there are no machinists, helpers, or apprentices at present
employed in the toolroom , no objection was made at the hearing to their inclusion in the
unit sought by the Petitioner . i. .,
208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION '
As part of the investigation to ascertain representatives for the,
purposes of collective bargaining with the Employer, an election 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 Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the r.
voting group described in paragraph numbered 4, above, who were
employed during 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 discharged for cause and have not been rehired or rein-
stated 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 bargain-
ing, by District No. 102, International Association of Machinists.
7 Having failed to achieve compliance , or to initiate steps for compliance with the filing
requirements of Section 9 (f), (g), and (11), of the ameadod Jct. th.; Inte -venors will not lie
accorded places on the ballot.