International Association of Machinists & Aerospace Workers, AFL-CIO

National Labor Relations Board - Board Decisions

May 7, 1979

242 N.L.R.B. 44 (N.L.R.B. 1979)

DE(CISIONS OF NATIONAL LABOR RELATIONS BOARD
International Association of Machinists & Aerospace
Workers, AFL-CIO and I. A. M. Representative
Association, Petitioner. Case 5 UC 106
May 7, 1979
DECISION ON REVIEW
BY CHAIRMAN FANNING AND MEMBERS JNKINS
AND PENELLO
On October 20, 1978, the Regional Director for Re-
gion 5 issued a Decision and clarification of bargain-
ing unit in the above-entitled proceeding in which he
ordered included in the existing recognized unit cer-
tain employee classifications. Thereafter, in accord-
ance with Section 102.67 of the National Labor Rela-
tions Board Rules and Regulations, Series 8, as
amended, the Employer filed a timely request for re-
view of the Regional Director's decision, alleging er-
ror, inter alia, in the inclusion of the disputed classifi-
cations in view of an earlier Board decision' and the
specific exclusion contained in the recognition clause
of the parties' current collective-bargaining agree-
ment.
By telegraphic order dated December 20, 1978, the
Board granted review regarding the propriety of the
Regional Director's clarification to include the classi-
fications in dispute, but in all other respects denied
the request for review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has considered the entire record in this
case and makes the following findings:
At issue in these proceedings is the inclusion of the
following employee classifications at Employer's
Washington, D.C., headquarters office in the existing
recognized contract unit: a legislative representative
in the legislative department, international represent-
ative in the international affairs department, assistant
community services representative in the community
services department, assistant to the coordinator in
the civil rights department, and a Grand Lodge repre-
sentative and economist in the organizing depart-
ment.
In 1966 the Board certified the Petitioner in the
following appropriate unit:
All Grand Lodge, special, and press representa-
tives employed by the Employer in the United
States and Puerto Rico; but excluding all simi-
larly classified employees employed exclusively
I Grand Lodge International Association of Machinists and Aerospace Work-
ers, 159 NLRB 137 (1966).
in Canada, those employed chiefly in unrelated
special assignments at Headquarters, Grand
Lodge auditors, office clerical employees, profes-
sional and technical employees, guards and su-
pervisors as defined in the Act.
In 1972 the Board certified Petitioner to represent
employees in the following appropriate unit:
Voting Group 1: All technical employees in the
Employer's Research Department at 1300 Con-
necticut Avenue, Washington, D.C., excluding
all other employees, office clerical employees,
professional employees, auditors, elevator opera-
tors, custodial employees, Grand Lodge. Special
and Press Representatives, guards and supervi-
sois as defined in the Act and employees in the
General Secretary-Treasurer's Department.
Voting Group 2. All professional employees in
the Employer's Research, Education and News-
paper Departments at 1300 Connecticut Avenue,
excluding all other employees, office clerical em-
ployees, technical employees, auditors, elevator
operators, custodial employees. Grand Lodge,
Special and Press Representatives, guards and
supervisors as defined in the Act and employees
in the General Secretary-Treasurer's Depart-
ment.
The certified units were combined by contractual
agreement to form a single bargaining unit in 1973.
The unit, as described in the 1973 agreement and
through the current agreement, consists of:
All Grand Lodge, Special and Press Representa-
tives. All Economists, Associate Editors, Assist-
ant Associate Editors, Educational Representa-
tives, Agreement Analysts, Research Associate,
Research Associate Leadman employed by the
IAM but excluding: Administrative Assistant in
the office of the International President and of
each General Vice President, the Airline Coordi-
nator, the Automotive Coordinator, the Railroad
Coordinator, those persons employed chiefly in
unrelated special assignments at Headquarters,
Grand Lodge Auditors, office clerical employees,
guards and supervisors as defined in the Act.
As found by the Regional Director, the legislative
department is headed by a coordinator, stipulated to
be a supervisor within the meaning of the Act, and a
legislative assistant whose unit placement is in issue.
The legislative assistant's responsibilities include pre-
paring testimony regarding legislation pending before
Congress and actual lobbying activities. In some in-
stances the legislative representative reports directly
to the Employer's international president, or resident
general vice president, or his administrative assistant.
242 NLRB No. 15
44
INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS, AFL (C10
The international affairs department also consists
of a coordinator, stipulated to be a supervisor, and an
assistant whose unit placement is in issue. The assist-
ant serves as liaison with the United Nations and free
world labor organizations; collects trade assistance
and trade law information used in Employer's lobby-
ing efforts before government agencies including the
U.S. Tariff Commission; participates in Employer's
education program in Africa: and is expected to per-
form similar work in Asia and South America. The
assistant has some contact with Employer's Grand
Lodge representatives in the field when gathering in-
formation regarding plant closures due to foreign
competition.
We note that the unit description contained in the
initial Direction of Election contained the following
exclusion: "those [employees] employed chiefly in un-
related special assignments at headquarters." 2 And in
connection with this exclusion we also note that the
Direction of Election referred to the assignments of
reviewing correspondence to the international pres-
ident, liaison with Government agencies. internal
union appeals, review of bylaws adopted by subordi-
nate lodges' legislative representative, and international
representative. 3
It thus appears that the positions of legislative rep-
resentative and international representative were in
existence at the time of the initial certification and
were specifically excluded from the unit. We find the
description of the functions in the original Direction
of Election and the other listed examples falling
within the exclusion as defining the intent of the ex-
clusion which has been carried forward into the pre-
sent recognized contract unit description. Although
we are unable to determine conclusively that the clas-
sifications now in dispute are identical to those previ-
ously excluded, on the basis of our analysis of the
current responsibilities of the disputed categories of
legislative representative and assistant international
representative we find that they fall within the in-
tended reach of the express exclusion contained in the
present collective-bargaining agreement. As to these
two positions we therefore conclude that the instant
UC petition is inappropriate as it seeks to overturn
the clear mandate of the previous Board decision and
the agreement of the parties as set forth in the recog-
nition clause of their contract. 4
2 Id. at 142.
It appears from the context of the Direction of Election and from uncon-
troverted testimony at the hearing that this reference does not merely denote
a representative of the International Union but a representative in the area
of internal affairs.
4 Wallace-Murray Corporation, Schlitzer Division. 192 NLRB 1090 (1971).
Compare Union Etectric Company. 217 NLRB 666. 667 ( 1975).
IH1
Pursuant to the direction of its 1976 convention,
the Employer established a community services de-
partment, a civil rights department, and an organiz-
ing department.' The coordinators in these newly cre-
ated departments have been stipulated to be
supervisors. Accordingly, their unit placement is not
in issue.
The community services department includes, in
addition to the coordinator, an assistant whose unit
placement is in issue. This individual is responsible
for assisting local and district lodge participation in
community service organizations such as the Red
Cross, United Givers Fund, American Cancer Soci-
ety, and the American Heart Association, and for
helping to meet the needs of I.A.M. members in such
areas as drug and alcohol abuse, family problems,
natural disasters, long-term unemployment, and pro-
longed illness.
The civil rights department also has an assistant to
the coordinator. The assistant is involved in all areas
of civil rights and matters arising under the Equal
Employment Opportunity Act. This individual is
charged with working with the legal department to
settle civil rights complaints against the Employer
and is also actively involved in the area of women's
rights and the Equal Rights Amendments.
The organizing department has, in addition to the
coordinator, an assistant who bears the title of Grand
Lodge Representative, and an individual who bears
the title of economist. The Grand Lodge Representa-
tive and the economist are the only employees in this
department whose unit placement is in issue. The
Grand Lodge Representative is primarily responsible
for handling jurisdictional disputes pursuant to article
XX of the AFL-CIO constitution, metal trades de-
partment disputes, and disputes over jurisdiction of
work within I.A.M. bargaining units: setting policy to
be implemented in the field regarding coordinated
bargaining, both in-house and with the Industrial
Union Department of the AFL-CIO; and responding
to requests from the field for organizing material and
other correspondence relating to organizing. He also
fills in for the coordinator when the coordinator is out
of town. This individual maintains regular contact
with Grand Lodge representatives in the field and on
occasion travels to the field to discuss jurisdictional
problems and organizing problems. The individual
bearing the title of economist actually performs more
of a clerical function in preparing routine correspon-
dence and collecting bargaining information pursuant
to requests of union representatives in the field.
Although the Employer had an organizing department in the past, the
present version seems to differ suhslantialls in its structure.
45
DECISIONS OF NATIONAl. LABOR RELATIONS BOARD
Although these recently organized departments
were created subsequent to the original certifications,
our analysis of the responsibilities of the individuals
in the above-described classifications which are in dis-
pute leads us to conclude that they are all involved in
"unrelated special assignments at headquarters"
within the meaning of the unit description in the
original Direction of Election and in the current col-
lective-bargaining agreement. That is, we view the in-
dividuals in these classifications as not falling within
those classifications involved directly with organizing
and negotiating activity as set forth in the 1966 certi-
fication, nor fitting any of the specifically enumerated
categories marked for inclusion by the 1972 certifica-
tion, but falling squarely within the express exclusion
contained in the unit description in the current collec-
tive-bargaining agreement. Accordingly, we view the
instant UC petition inappropriate as to the above-
described classifications as it seeks to effect a mid-
contract-term modification of the description of the
recognized unit. Although we have determined that
the UC petition is an inappropriate vehicle for resolv-
ing these unit placement issues, these issues may of
course be raised pursuant to an appropriate petition
under Section 9(c) of the Act.
In conclusion, we have found that with regard to
all classifications placed in issue by the Petitioner
there is no basis for concluding that they are or
should be included in the existing recognized bargain-
ing unit. Accordingly, we shall dismiss the petition
herein.
ORDER
It is ordered that the petition in Case 5-UC-106
be, and it hereby is, dismissed.
46