Hughes Tool Co.

National Labor Relations Board - Board Decisions

Aug 10, 1949

85 N.L.R.B. 663 (N.L.R.B. 1949)

In the Matter Of HUGHES TOOL COMPANY and INDEPENDENT METAL
WORKERS UNION, LOCALS Nos. 1 AND 2 and INTERNATIONAL BROTHER-
HOOD OF ELECTRICAL WORKERS, LOCAL No. 716, A. F. OF L.
Case Nos. 16-R-1489 and 16-RC-29
SUPPLEMENTAL DECISION
August 10, 1949 ,
The Independent Metal Workers Union, Locals Nos. 1`and 2, herein
referred to as IMWU, has bargained for all production and mainte-
nance employees at the Employer's Houston, Texas, tool manufactur-
ing plant since its certification by the Board on August 15, 1946.
Following a Board-directed election on June 29, 1948, held pursuant
to a Decision and Direction of Election in Case No. 16-RC-29,1 Inter-
national Brotherhood of Electrical Workers, Local No. 716, A. F. of L.,
herein referred to as the IBEW, was certified as the exclusive bargain-
ing representative for all journeymen electricians and their appren-
tices, excluding maintenance helpers and supervisors. The parties
now seek, by way of a motion for clarification, a Board determination
of the unit placement of battery repairmen. The Employer takes no
position in the matter but, in conjunction with the IBEW and the
IMWU, has agreed to abide by the Board's finding.
Upon the statements of positions and briefs filed by the parties, the
stipulation of the parties, and the entire record in these' cases, the
National Labor Relations Board makes the following :
FINDINGS OF FACT
The Employer is engaged in the manufacture of specialized oil
industry tools at the plant involved herein. It operates tractors,
hydraulic fork lifts, and trailers in and about its plant. This equip-
ment is powered by wet cell storage batteries, similar in construction
and operation to, but much larger than an ordinary automobile storage
battery. These batteries are recharged, repaired, and maintained at
the Employer's plant. For this purpose the Employer has a battery
1 Matter of Hughes Tool Company, 77 N. L, R. B. 1193.
85 N. L. R. B., No. 118.
663
664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
room, located in the tractor shop, containing 12 battery rechargers and
other tools used in the repair and maintenance of batteries.
Prior to January 1949, the servicing and repairing of these batteries
was performed by an employee classified as a truck and tractor me-
chanic, first class. It was the duty of this employee, under the general
supervision of the subforeman of the tractor repair shop, to recharge
and service the batteries used in the Employer's mobile equipment, and
to perform such mechanical repair and maintenance work upon the
mobile equipment as his time would permit. Because the battery work
was requiring too much of the skilled mechanic's time, the Employer
and the IMWU, which had bargained for the auto mechanic, first class,
agreed to reclassify this job. Accordingly, on January 26, 1949, the
Employer established the classification of battery repairman. It is
the unit placement of the employee filling this job category that is
disputed by the IMWU and the IBEW.
It is the duty of the battery repairman, under the general super-
vision of the tractor repair shop foreman, and occasionally under the
immediate supervision of a tractor repair mechanic, to perform varied
duties relating to the repair and maintenance of batteries, tractors,
and trailers. No previous experience is required to perform this job.
The learning time is from 8 to 10 weeks. Although the battery repair-
man may be called upon to assist mechanics in the mechanical repair of
tractors, lifts, and trailers, most of his time is devoted to work upon
the batteries. The battery repairman devotes his entire time to per-
forming work in and about the tractor repair shop; he sometimes as-
sists mechanics in the repair and maintenance of tractors, lifts, and
trailers, and as noted above, he is under the supervision of the tractor
repair shop foreman.
In our earlier decision we found that the work of the electricians
and their apprentices related entirely to electrical work; that they
worked throughout the entire plant; that they have their headquar-
ters in a separate building along with other maintenance crafts; that
they are at all times immediately supervised by a subforeman, who is
an electrician; that, normally, they do not interchange with other
crafts or departments; and that apprentices undergo a prescribed 4-
year apprenticeship program before reaching the status of a journey-
man electrician.
HUGHES TOOL COMPANY 665
Because of the difference in skills, supervision, and other working
conditions, and because the battery repairman is neither a journeyman
electrician nor a journeyman electrician's apprentice, we find that
the battery repairman has no community of interest with the electri-
cians and their apprentices but is appropriately included in the unit
of production and maintenance employees presently represented by
the Independent Metal Workers Union, Locals Nos. 1 and 2.
MEM13ERS MURDocg and REYNOLDS took no part in the consideration
of the above Supplemental Decision.