Ladish Co.

National Labor Relations Board - Board Decisions

Feb 9, 1960

126 N.L.R.B. 555 (N.L.R.B. 1960)

LADISH COMPANY 555
the amended Act or in the nature of the Employer's operations, for
such a departure from our usual rules for determining eligibility to
vote in Board elections We shall therefore direct that an election be
held in accord with our usual practice
[Text of Direction of Election omitted from publication ]
Ladish Company and Technical Engineers Association (Inde-
pendent), Petitioner. Case No 13-RC-6542 February 9, 1960
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 Albert Kleen, hearing officer
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Bean and Fanning]
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 involved claim to represent certain
employees of the Employer 1
3 Questions affecting commerce exist concerning the representa-
tion of employees of the Employer within the meaning of Section
19 (c) (1) and Section 2(6) and (7) of the Act
4 The Petitioner seeks to represent a unit of all technical and pro-
fessional employees at the Employer's Cudahy, Wisconsin, forgings,
pipefittings, and related products plant The Employer employs
approximately 5,000 people at this plant. Although several different
units of employees are represented by various labor organizations,
there is no bargaining history for any of the classifications in the unit
requested The requested employees are assigned to the metallurgical
department, which is responsible for the metallurgical quality of the
Employer's products, the inspection department (quality control) ,
standards and methods department (time studies) , engineering
department, a manufacturing service department responsible for
design, structure, and maintenance of equipment and utilities, and
planning department, which designs and oversees construction of new
buildings and facilities The foregoing departments are located in
the manufacturing area of the plant, The two remaining depart-
ments with which we are concerned, customs and fittings, are located
i Distract No 10, International Association of Machilnsts , AFL-CIO, intervened on the
basis of a showing of interest
126 NLRB No 67
556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the office area, are referred to as divisions, and are engaged in proc-
essing customer inquiries and orders for custom-made products
(customs division) and stock items (fittings division).
The appropriateness of the unit requested by the Petitioner is dis-
puted on several grounds. The Intervenor contends that a separate
unit of technical employees is inappropriate and requests the Board
to reexamine its policy of finding such units appropriate; the
Employer contends that technical employees who work with produc-
tion employees should not appropriately be included in the same
unit with technical employees who work with office, administrative,
and sales employees; the Employer also contends that technical
employees in the fittings and customs divisions should not be placed
in a different unit from that of other nontechnical employees in those
divisions. We find these contentions to be without merit. The Board
has recently reexamined the separate technical unit concept and has
reaffirmed its previously held view that there are inherent differences
between the interests, background, and functions of technical workers
and those of other employees. For this reason, the Board decided to
adhere to its policy of placing technical and nontechnical employees
in separate units where the issue is raised and where the record affirma-
tively supports the claim of technical status.2 For the same reason,
the request of the Petitioner that certain nontechnical classifications
be included in the same unit with technical employees is denied 3
Moreover, we find that the interests of the technical employees who
work with production employees are not so distinguishable from those
of the technical employees who work with office, administrative, and
sales employees to justify our departure from the established rule of
including all technical employees in a single unit.'
The parties agree that employees in certain classifications should
be included in the unit as technical employees, and that employees in
other classifications should be included as professional employees.
They also agree that certain classifications should be excluded from
any unit found appropriate herein, either because the individuals
therein are supervisors or managerial employees, or because they
are neither technical nor professional employees. The parties dis-
agree, however, as to the placement of other classifications, specifically
discussed hereinafter. The Petitioner would include all of them, as
2 Litton Industries of Maryland , Incorporated, 125 NLRB 722
2 The classifications which the parties agree , and we find , are neither technical nor
professional, and which we shall therefore, contrary to the Petitioner's request, exclude,
are specimen preparers A, B, and C ; specimen preparer learners ; and physical test
expediters.
"See E. I. Dupont de Nemours and Company, Inc, etc., 107 NLRB 734 , 740; The
Monarch Machine Tool Co ., 98 NLRB 1243, 1244
S As the unit sought includes both professional and technical employees, we shall, as
required by Section 9(b)(1) of the Act, establish a separate voting group for professional
employees and a separate voting group for technical employees . See Sonotone Corpora
tion, 90 NLRB 1236 , 1240-1242.
LADISH COMPANY 557
either technical or professional employees, while either the Employer
or Intervenor, or both, would either exclude them, or leave their unit
placement to the determination of the Board.'
Tool designers Sr. and Jr. in the engineering department 7 lay out
and design tools and dies for specific uses. Working from a drawing
and description of the part to be made, these employees lay out and
design a tool which will perform the desired function. They must
be high school graduates and have additional training in mathematics,
stress analysis, strength of materials, and physics. Junior tool de-
signers are promoted to senior tool designers as they acquire experi-
ence and additional training. Machine designers Sr. and Jr. in the
engineering department prepare layouts of the design of machines
needed throughout the plant. They work from specifications,
sketches, and verbal instructions. The junior classification is required
to have a minimum of 2 years' college with courses in physics, math-
ematics, dynamics, machine design, strength of materials, and me-
chanics; it does not clearly appear that additional education is
required for the senior classifications. Engineer claims and material
investigation, metallurgical department, investigates metallurgical
aspects of customer complaints regarding the quality of the Em-
ployer's products, and recommends to the sales department the allow-
ance or disallowance of such claims. In carrying out these duties
he occasionally deals directly with customer representatives in the
course of his investigations. In addition to high school, technical
training in metallurgy and mathematics is required for this job. The
Petitioner contends that the tool designers are either technical or
professional employees and that the others are professionals. The
Employer contends the engineer claims and material investigation
is managerial, and the Intervenor contends that he is a professional;
these parties request the Board to rule on the unit placement of the
other classifications. On the basis of the facts set forth above, we
find that these employees do not meet the strict requirements of the
term professional employee as defined in Section 2(12) of the Act.
We further find that the engineer claims and material investigation
is not a managerial employee merely because his actions may affect
6 Attached as Appendix A is a list of classifications excluded from both voting groups,
as Appendix B a list of classifications included in the technical voting group, and as
Appendix C a list of classifications included in the professional voting group . The parties
have agreed to the placement of the classifications listed on the appendixes which are not
discussed in the text.
I We find no merit in the contention of the Employer that the senior classifications of
tool designers , machine designers , and engineers in the engineering department must be
placed in the same unit because they receive the same pay and have the same general
level of responsibility , and that the junior classifications of these positions must also be
placed in the same unit for the same reason . As the evidence shows that these classifica-
tions have different duties and training, we have considered their unit placement sepa-
rately, as requested by the Petitioner.
558 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Employer's costs, as the Employer contends.8 However, the work
of these employees is clearly of a technical nature, involving the use
of independent judgment, and requiring the exercise of technical
specialized training beyond the secondary school level. We find,
therefore, that they are technical employees 8 and we shall accordingly
include them in the technical voting group.
The Petitioner contends that the following classifications are pro-
fessional employees; except for the engineers Sr. and Jr. in the engi-
neering department, whose placement it leaves to the Board, the
Employer contends they are managerial or supervisory; and the
Intervenor agrees with the Petitioner as to some 10 and is neutral as
to the unit placement of the others:
Metallurgical engineer nonferrous alloys, metallurgical depart-
ment, examines jobs proposed for and by customers for forgings,
considers all metallurgical aspects of such proposed jobs, and rec-
mends techniques to be used, determines metallurgical procedures,
contacts customers on metallurgical problems that may arise, and
recommends types of material to be used. Metallurgical engineers
specific customer service, metallurgical department, are assigned to
specific customer accounts for which they are held responsible. They
keep track of orders, checking with the estimating department, the
planning group, or other pertinent departments. They keep a check
on the metallurgical aspects of orders, investigate complaints, dealing
with customers as well as vendors of materials. They make decisions
regarding methods of manufacture and compliance with, and inter-
pretation of, specifications. Metallurgical engineer missiles, and
engineer missiles, metallurgical department, evaluate various projects
and make recommendations as to the type of metals to- be used,
whether new metals should be developed, and the methods of manu-
facture. They oversee and keep track of the manufacturing opera-
tion, testing, and heat treating in connection with projects. Metal-
lurgical engineers material, metallurgical department, are responsible
for final approval or disapproval of incoming material after tests have
been made thereon. They prescribe the method and sequence of these
tests, and occasionally recommend selection of a supplier on the basis
of the quality of materials supplied. Metallurgical engineer estimat-
ing, metallurgical department, coordinates all metallurgical informa-
tion with the estimating and sales groups on various orders or jobs
that come into the plant, acting as a liaison man. He does not deal
with customers or vendors directly. On the basis of his education and
experience in all the Employer's manufacturing processes, he makes
recommendations which are used as a guide in the pricing of forgings.
8 Cf. Kltsap County Automobile Dealers Association, 124 NLRB 933 ; Westinghouse
Electric Corporation , 122 NLRB 1466.
BLitton Industries of Maryland, Incorporated, supra
10 Engineer missiles , engineer fittings and specifications ; and engineer Sr.
LADISH COMPANY 559
The metallurgical engineer material and specific customer service,
metallurgical departments, spends 90 percent of his time in evaluating
material, duties comparable to those of metallurgical engineer mate-
rial, discussed above. The remaining 10 percent of his time is spent
reviewing specifications with customers, recommending manufactur-
ing practices, and reviewing raw materials requirements with vendors.
Engineer fittings and specifications, metallurgical department, re-
views metallurgical aspects of complex specifications for nonstandard
fittings and makes recommendations as to whether or not the Company
can produce the product ordered. He recommends changes in speci-
fications and deals with customers on metallurgical problems. In
carrying out his duties, he works with the Company's sales and
engineering departments and with the supervisors in the production
department. Engineers Sr. and Jr. in engineering department : the
engineer Sr. is engaged in designing and making layouts for buildings,
pipelines, sewers, distribution systems, heating, ventilation, and air-
conditioning systems, and foundations for heavy machinery; and
engineers Jr. are engaged in either structural layout work, or research
and development projects. Progress from engineer Jr. to engineer
Sr. is achieved with experience. Both classifications are required to
have an engineering degree, or its equivalent, and involve the use of
judgment in applying the principles of trigonometry, structural me-
chanics, geometry, algebra, stress analysis, and reinforced concrete
design. Project planning engineer in the planning department pre-
pares specifications for new company buildings, equipment, and other
projects, sets up the schedules necessary for construction, sees that
required material, supplies, and manpower are available as needed,
and checks on conformity with requirements he has established. The
work requires an engineering degree, and involves the use of inde-
pendent judgment. Stress analyst and designers in product design
group of fittings division are required to be graduate engineers.
Their job is to translate the requirements of a customer into a product
which the Employer can make and sell to the customer.
Contrary to the Employer, there is no evidence that any of the above
employees possess supervisory authority as defined in Section 2(11)
of the Act. Nor, as indicated above, are they managerial employees
merely because their actions affect the Employer's costs or because they
deal directly with customers or suppliers. As the record fails to
show that any of these employees are executives who formulate or
effectuate management policies, we find that they are not managerial
employees." However, the record shows that the work of all the
above classifications requires an engineering degree, preferably in
metallurgy, or its equivalent in training and experience. As it also
appears that the work of these employees is predominantly intellec=
11 See cases cited in footnote 8, supra
560 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tual and varied in character and otherwise conforms with the re-
quirements of Section 2(12) of the Act, we find, in agreement with
the contention of the Petitioner, that these are professional employees
and we shall include them in the professional voting group.12
Metallurgical engineer research, metallurgical department, the Pe-
titioner contends is a professional employee. The Employer contends
he is managerial. The Intervenor is neutral. This employee is en-
gaged in conducting basic research and development programs in
metals. He investigates and recommends various possible avenues of
research. Upon occasion he participates in making decisions as to
whether programs should be started. His chief responsibility, how-
ever, is to carry out such decisions, deciding upon the techniques to
be used, reviewing progress reports, and bringing such programs to
a conclusion. The present incumbent holds bachelor's and master's
degrees in metallurgical engineering. Under these circumstances, we
find that the degree of this employee's participation in the formulation
of management policy is too limited and sporadic to warrant exclud-
ing him as a managerial employee.13 However, he clearly meets the
requirements for a professional employee, and we shall include him
in that voting group.
Either the Employer or the Intervenor, or both, refused to agree
with the Petitioner's contention that the following classifications
should be included in the unit as either technical or professional
employees :
Combustion instrument adjusters A, B, and C in the metallurgical
department inspect, repair, and install furnaces, and adjust and repair
instruments in connection therewith. The record does not show that
any of the 14 employees in these categories have any outside technical
training. They are high school graduates who are taught their duties
on the job. Additional experience only is required for promotion
from the lower to thehigher rated jobs.
Nondestructive test operators A and B in the metallurgical depart-
ment check and adjust various measuring gauges and equipment used
in the inspection and production departments. Their testing is done
periodically and is routine in nature. High school graduates who are
familiar with measuring devices, have good eyesight and manual
dexterity, are given on-the-job training. Promotion is based on ex-
perience. Spark test technicians and spark testers in the metallurgi-
cal department determine the metallic composition of material by
touching it to a grinding wheel and observing the resulting spark,
spark testers being the more skilled and experienced of the two classi-
fications. Although not a recognized science, the shape and color of
the spark can give the tester an approximation of the material's
12 See Westinghouse Air Brake Company, etc., 121 NLRB 636, 638 ( chemist A).
18 Kitsap County Automobile Dealers Association , supra.
LADISH COMPANY 561
metallic composition. These jobs do not require any technical school
training or special courses. High school graduates are preferred and
are required to learn, on the job, the distinguishing features of sparks
given off by various metals, a matter of observation and memory, and
once these features have been mastered, the standardized duties be-
come routine. Specimen processors A and B, metallurgical depart-
ment, heat treat test samples in order to determine the characteristics
of the metal. They also lay out and direct the cutting of the material
to be tested. However, they do not interpret the results of their heat
treating. These employees are usually promoted from specimen pre-
parers, who the parties agree are not technical (see footnote 3, above),
and are required to be high school graduates only.
Process sheet editors in the order editing group of customs division
transpose on to a process (sheet information needed by the shop show-
ing what order to follow in producing a particular forging. This in-
formation is obtained from the estimate, the order, the metallurgical
comment sheet, and the planning sheet furnished by other groups, as
well as from similar or identical jobs which have been handled before.
General knowledge of the Employer's products is helpful, but no
specific technical training is required.
Order editors and die order editors in the order editing group of
customs division copy information as to what the customer wants on
a shop order which is delivered to the shop, the account department,
and the shipping department. They get this information from the
customer's order, the estimate, and the metallurgical sheet. On the
shop order they mark down the part names, the type of material, the
number of pieces, the tolerances, the ultimate destination, and how the
forging or die is to be shipped. This work also requires a general
knowledge of the operations necessary to make the Employer's prod-
ucts, but is not technical in nature, and high school graduation only
is required, the necessary skill being acquired with experience.
Weight calculators in estimating group of customs division figure
the weight of a completed die or forging for use by an estimator. They
do this by breaking the drawing of a die or forging down to simple
geometric figures and calculating the weight of these figures by using
formulas and tables which the Employer supplies and teaches the
calculators how to use. The more difficult calculating-of high
density material or complicated shapes-is done by the supervisors.
Weight calculator is a typical first job for which employees are hired
from the outside into the estimating group. The Employer prefers
high school graduates for this work, and most of the incumbents are.
Makeup drawing men in estimating group in customs division use
regular drafting instruments in making simple, accurate, multiple-
view drawings of parts ordered, working from customer's sketches or
554461-60-vol. 126-37
562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
blueprints. These drawings are used chiefly by the sales department
to show the customer what the Employer will furnish. Copies are
also used, upon occasion, by the estimating, engineering, and produc-
tion departments. The drawings made constitute, in effect, illustra-
tions of the items ordered. Although high school mechanical drawing
is required to perform this work, no other drafting or other technical
training is necessary to perform these duties. Estimators in estimat-
ing group of customs division estimate the cost of producing a cus-
tomer's order. Their estimate is based on information obtained from
the order, salesman, metallurgical, and engineering departments, rec-
ords of previous jobs, the supervisors, charts, and personnel of other
departments. Knowledge of job methods, necessary tests, and costs
is necessary. The Employer would like to have employees with 2
years of engineering school in these jobs, but feels that experience
in the plant shop is more important. Of the 26 estimators, 2 are
shown to have college degrees, and several are high school graduates.
They are recruited from makeup, weight calculating, metallurgy, and
standards and methods departments. Order engineers in estimating
group of customs division perform a troubleshooting service for the
Employer. When an order is received, they review the estimate upon
which the bid was based to make certain the order will be covered
by the price quoted. If not, they either devise ways to make the
job profitable or review the order with pricing and sales personnel
to see whether a higher price can be obtained. Although two of the
six order engineers have engineering degrees, a degree is not required.
Experience in tooling and shop methods, and in estimating work, is
necessary.
Junior draftsmen, fittings draftsmen, senior fittings draftsmen, fit-
tings draftsmen and checker, drawing checker and group leader, and
drafting section leader in product design group of fittings division
are all engaged in the same basic job of making simple drawings, from
sketches or other drawings, of various products ordered by customers.
They do no tool or machine designing or plant layout work. These
classifications represent progressive steps in the same job category,
with the higher grade employees performing additional duties such
as checking the work of, and teaching, the lower grade employees.
High school graduation is required for the lowest classification, junior
draftsman, but no drafting training is necessary either for the lowest
classification or for promotion to the higher classifications. All these
employees began as clerks or printing machine operators, and promo-
tion is based on experience. Product designer in product design group
of fittings division helps the stress analysts, found above to be pro-
fessional employees, to organize projects. He follows up, keeps rec-
ords of, expedites, and correlates the results of such projects. No
technical training is required, the present incumbent having a degree
LADISH COMPANY 563
in commerce, with no engineering training or experience. Inquiry
processor, and inquiry processor and pricer, in inquiry and pricing
group of fittings division, advise the sales department whether certain
orders can be filled exactly from stock, and whether order specifica-
tions can be met or will have to be changed. The latter category also
advises on prices. They get the required information from other
departments, such as metallurgy and product design. With experi-
ence they build up knowledge which enables them to speed up their
work. No technical training is required, the work being predomi-
nately clerical in nature.
Estimators in fittings estimating department-stainless and light-
wall; open and closed die f orgings; weldings, fittings, and pipe;
valves, do essentially the same work with regard to different products.
Their duties are to make cost estimates on special orders, figuring
weight and costs, and ascertaining availability of material, and time
and method required for manufacture. The Employer requires esti-
mators to be high school graduates, and instructs them in the use of
the slide rule, weight tables, burden charts, capacity charts of equip-
ment, and speed and feed rates of machine shop units. No special
courses in mathematics, physics, metallurgy, or other technical sub-
jects are required for these employees. Estimators cost analysis, in
fittings estimating department, are engaged in a project to set up a
systematic catalog of costs for the Employer's standard products.
Their duties are to collect existing data on costs and process it through
IBM machines. Production analyst in fittings estimating depart-
ment is a new classification of employees whose duty it is to devise
ways to do jobs, primarily in the machine shop, in a manner more
economical to the Employer. They analyze production schedules and
costs of individual operations, and study capacity, speed, and feed
of various machines. Employees are predominantly high school
graduates without any special technical training, but must have
knowledge of the operations of the various machines in the shop.
Clerk die order in the fittings estimating department assists estimators
by writing up die orders for them, transcribing information from the
estimator's worksheet on to a formal order form. Order editors in
fittings order editing department change the nomenclature on the
customer's order to Ladish Company nomenclature, and write down
the part number for each part. They use the Ladish catalogue and
the parts number manual. Clerk order writers in fittings production 14
department write up manufacturing orders, using printed forms,
including therein all necessary information so that the shop can
manufacture the product ordered. The order spells out the quantity
to be made, the description of the product ordered, special instruc-
tions, size, type of raw material, tooling, sequence of manufacture,
14 This subdivision of the fittings division is engaged in scheduling fittings production.
564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
marketing, or stamping. Clerk steel section in fittings production
department maintain a raw material record inventory, posting
receipts, and allocations of stock.
Although the work of some of the above classifications may be con-
sidered allied to work which is technical in nature, the record fails to
show as to any of such classifications that the work both involves the
use of independent judgment and requires the exercise of specialized
training or education of the type contemplated by the Board's stand-
ard for technical employees. Thus, while the record shows that the
Employer prefers to hire high school graduates for these jobs, there
is no showing of a requirement that they have education or training
in addition to what can be acquired in high school. Nor is education
or training, other than what is given by the Employer on the job for
some classifications, required for advancement into the higher-rated
categories. Under these circumstances, we find, contrary to the Peti-
tioner, that these classifications are not professional employees, and
that the record does not affirmatively support the claim that they are
technical employees.15 We shall therefore exclude them.16
The engineer X-ray testing, metallurgical department, Petitioner
contends is a technical employee, and the Employer contends he is a
supervisor. The record shows that he is in charge of several X-ray
technicians, who the parties agree are technical employees. He
assigns, schedules, responsibly directs, and evaluates their work, and
deals with other departments in matters pertaining thereto.
Assistant supervisor estimating machine writing section of the
estimating group, customs division, regularly spends about 25 percent
of his time assigning the work of, and supervising, three employees,
chiefly in the absence of the supervisor of the estimating machine writ-
ing section. As the two foregoing employees are engaged full time or
a substantial part of their time in exercising supervisory authority.
we find that they are supervisors, and we exclude them.14
We find that the following employees may constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act: All technical and professional employees
at the Employer's Cudahy, Wisconsin, plant, including all employees
listed in Appendixes B and C attached hereto, but excluding all em-
ployees listed in Appendix A, shop and office clerical employees, pro-
duction employees, plant guards, and supervisors as defined in the
Act.
16 Litton Industries of Maryland , Incorporated, supra
le Although the Board indicated in a previous case involving this plant, 100 NLRB
159, 163, that combustion instrument adjusters were technical employees, the facts therein
agree with the record in this case that they are required to have only a thigh school
education and no additional technical training is required . These employees are therefore
clearly not technical employees within the meaning of the Litton case, and we so find
17 United States Gypsum Company, 116 NLRB 638
LADISH COMPANY 565
The unit set out above includes professional and nonprofessional
employees. However, the Board, as noted above, is prohibited by
Section 9 (b) (1) of the Act from including professional employees in
a unit with employees who are not professional unless a majority of
the professional employees vote for inclusion in such a unit. Accord-
ingly, we must ascertain the desires of the professional employees as
to inclusion in a unit with nonprofessional employees.
We shall therefore direct separate elections in voting groups (a) and
(b) described below, excluding from each group all employees listed
in Appendix A attached hereto, shop and office clerical employees,
production employees, plant guards, and supervisors as defined in the
Act.
(a) All technical employees at the Employer's Cudahy, Wisconsin,
plant, including all employees listed in Appendix B attached hereto.18
(b) All professional employees at the Employer's Cudahy, Wiscon-
sin, plant, including all employees listed in Appendix C attached
hereto. The employees in the nonprofessional voting group (a) will
be polled as to which, if either, of the competing unions they wish to
represent them.
The employees in the professional voting group (b) will be asked
two questions on their ballot :
(1) Do you desire the professional employees to be included with
the technical employees in a unit composed of all technical and pro-
fessional employees at the Employer's Cudahy, Wisconsin, plant, for
the purposes of collective bargaining?
(2) Do you desire to be represented for the purposes of collective
bargaining by Technical Engineers Association, Independent; or by
District No. 10, International Association of Machinists, AFL-CIO;
or by neither?
If a majority of the professional employees in voting group (b)
vote "Yes" to the first question, indicating their wish to be included in
a unit with the nonprofessional employees, they will be so included.
Their votes on the second question will then be counted together with
the votes of the nonprofessional voting group (a) to decide the repre-
sentative for the whole technical and professional unit. If, on the
other hand, a majority of the professional employees in voting group
(b) vote against inclusion, they will not be included with the non-
professional employees. Their votes on the second question will then
be separately counted to decide which union, if either, they want to
Is The Employer requested the unit description be confined to employees in departments
discussed at the hearing because of the possibility of a future contention that employees
in other departments are technical or professional . The request is denied . There is no
contention that there are, in fact , technical or professional employees in the plant other
than those included in the voting groups herein . The Board does not find appropriate
units which include some but not all technical employees , and it is intended that the unit
descriptions herein be all inclusive . Cf. Allis-Chalmers Manufacturing Company, 117,
NLRB 749
,566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
represent them in a separate professional unit. The Petitioner has
declared its willingness to represent the professional employees sepa-
rately. The Intervenor has not indicated on the record that it is un-
willing to represent the professional employees separately if those
employees vote for separate representation. However, if the Inter-
venor does not desire to represent the professional employees in a
separate unit even if those employees vote for such representation, it
may notify the Regional Director to that effect within 10 days of the
date of this Decision and Direction of Elections.
Our unit determination is based, in part, then, upon the results of
the election among the professional employees. However, we now
make the following findings in regard to the appropriate unit :
(1) If a majority of the professional employees vote for inclusion
in a unit with the nonprofessional employees, we find that following
employees will constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9(b) of the Act:
All technical and professional employees at the Employer's Cudahy,
Wisconsin, plant, including all employees listed in Appendixes B and
C attached hereto; but excluding all employees listed in Appendix A
attached hereto, shop and office clerical employees, production em-
ployees, plant guards, and supervisors as defined in the Act.
(2) If a majority of the professional employees do not vote for
inclusion in the unit with the nonprofessional employees, we find that
the following two groups of employees will constitute separate units
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act :
(a) All technical employees at the Employer's Cudahy, Wisconsin,
plant, including all employees listed in Appendix B attached hereto;
but excluding all employees listed in Appendixes A and C attached
hereto, shop and office clerical employees, production employees, plant
guards, and supervisors as defined in the Act.
(b) All professional employees at the Employer's Cudahy, Wis-
consin, plant, including all employees listed in Appendix C attached
hereto; but excluding all employees listed in Appendixes A and B
attached hereto, shop and office clerical employees, production em-
ployees, plant guards, and supervisors as defined in the Act.
'[Text of Direction of Elections omitted from publication.]
APPENDIX A
EXCLUDED CLASSIFICATIONS
1. Neither technical nor professional
Metallurgical Department
Specimen Preparers A, B, and C
Specimen Preparer Learner
LADISH COMPANY
Physical Test Expediters
Nondestructive Test Classifiers
Metallurgical Storesmen
Metallurgical Typist A
Heating and Forging Classifiers B
Metallurgical Custodian
Combustion Instrument Adjusters A, B, and C
Nondestructive Test Operators A and B
Spark Test Technicians
Spark Testers
Specimen Processors A and B
Engineering Department
Blueprinters
File Clerk
Stenographer
Planning Department
Secretary-stenographer
Air Force Property Administrator
Supply Clerk Branch Plants
Customs Division
Order Editing
Clerk
Print Clerk
Vault Clerk
Photostat Machine Operator
Print Checker
Process Sheet Editors
Order Editors
Die Order Editors
Estimating
Weight Calculators
Makeup Drawing Men
Estimators
Clerk
Secretary
Order Engineers
Order Acknowledgment and Pricing
Order Acknowledgers
Clerks
Fittings Division
Product Design
Secretary Filing and Clerical
567
568 DECISIONS OF NATIONAL. LABOR-- RELATIONS BOARD
File Clerk
Junior Draftsmen
Fittings Draftsmen
Senior Fittings Draftsmen
Fittings Draftsmen and Checker
Drawing Checker and Group Leader
Product Designer
Drafting Section Leader
Inquiry and Pricing
Credit Processor
Pricers
Writeup Clerk
Inquiry Router
Inquiry Processor
Inquiry Processor and Pricer
Estimating
Stenographer
Estimator Stainless and Lightwall
Estimator Open and Closed Die Forgings
Estimator Weldings, Fittings and Pipe
Estimator Valves
Estimator Cost Analysis
Production Analyst
Clerk Die Order
Order Editing
Clerk Order Proofreader
Log Clerk
Order Editors
Fittings Production
Secretary
Clerks
Clerk Order Writer
Clerk Steel Section
Clerk Order Writing Section
II. Supervisory or managerial
Metallurgical Department
Chief Metallurgist
Assistant Supervisor Sonic Testing
Supervisor Heating Section
Metallography and X-ray Defraction
LADISH COMPANY
Metallurgical Engineer
Engineer Lubrication, Corrosion and Valve Testing
Fittings Metallurgist
Shift Supervisor Forging Section
Research and Development Metallurgist
Metallurgical Engineer Supervisor Heat Treating and Tooling
Research Metallurgist •
Mechanical Engineer Physical Test
Assistant Chief Metallurgist
Fittings Engineer Materials
Metallurgical Engineer Supervisor Missiles
General Supervisor Heating and Forging Section
General Supervisor Nondestructive Tests
Engineer Data and Record Systems
Chief Chemist
Assistant Supervisor Induction Heating and Pyrometry
Assistant Supervisor Repairs Heating Section
Supervisor Photography
Coordinating Engineer of Tests
Welding Engineer
Assistant Supervisor Forging Section
Assistant Chief Chemist
Assistant Supervisor Nondestructive Tests
Office Manager
Assistant Supervisor Office
Shift Supervisor Physical Tests
Metallurgical Director of Heating and Forging
Engineer Stress Analysis
Metallurgical Engineer Fittings, Welding and Special Tests
Engineer X-ray Testing
Standards and Methods Department
Shift Supervisor
Working Supervisor
Engineering Department
Supervisor
Assistant Supervisor
Planning Department
Department Head
Customs Division
Order Editing
Department Head
Assistant Department Head •
Supervisor
569
570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Order Acknowledgment and Pricing
Supervisor Order Acknowledgment
Supervisor Pricing
Pricers
Cancellations and Special Projects
Estimating
Special Project Engineer
Supervisors
Assistant Supervisor Estimating Machine Writing Section
Department Head
Fittings Division
Product Design
Assistant Chief Product Designer
Administrative Assistant
Inquiry and Pricing
Department Head
Assistant Department Head
Supervisors
Estimating
Department Head
Supervisors
Order Editing
Group Leader
Fittings Production
Department Head
Assistant Department Head
Supervisors
APPENDIX B
TECHNICAL EMPLOYEES
Metallurgical Department
Process Controllers A, B, and C
Heating Monitors C
Welding Technicians A and B
Ultra Sonic Test Technicians A, B, and C
X-ray Technicians A, B, and C
Electronic Technicians A and B
Chemical Analysts
Photographer's Assistant
Photo Developer B
Laboratory Technicians
LADISIH COMPANY
Laboratory Assistant
Physical Tester
Stress Rupture Test Technicians A, B, and C
Induction Heating Technicians A and B
Macro Etch Testers A and B
Test Equipment Technicians A and B
Spectrographic Technicians
Technical Specialists A, B, and C
Metallographer's Assistant
Compounding and Lubrication Technicians A and B
Thermo Couple Preparers
Pyrometry Research and Development
Testing Coordinator
Metallurgical Coordinator Heat Treating
Engineer Claims and Material Investigation
Standards and Methods Department
Timestudy Men Sr. and Jr.
Timestudy Man Trainee
Engineering Department
Draftsmen A and B
Draftsmen Apprentices
Die Design Apprentices
Tool Designers, Sr. and Jr.
Machine Designers, Sr. and Jr.
Inspection Department
Quality Control Technician-draftsman
Quality Control Technicians
APPENDIX C
PROFESSIONAL EMPLOYEES
Metallurgical Department
Metallographers
Chemical Engineers Shop Operations
Chemist Methods and Application
Metallurgical Engineer Claims and Reports
Chemist Special Testing
Engineer Tests
Testing Engineer
Engineer Heat Treat and Testing
Metallurgical Engineer Nonferrous Alloys
Metallurgical Engineer Specific Customer Service
Metallurgical Engineer Missiles
571
572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Engineer Missiles
Metallurgical Engineer Material
Metallurgical Engineer Estimating
Metallurgical Engineer Material and Specific Customer Service
Engineer Fittings and Specifications
Metallurgical Engineer Research
Engineering Department
Engineers Sr. and Jr.
Planning Department
Project Planning Engineers
Product Design Group of Fittings Division
Stress Analyst and Designer
Meat and Provision Drivers, Local 626, International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America, Independent [Washington Rendering Company]
and Clarence L. Brown & Associates. Case No. 21-CB-1351.
February 10, 1960
DECISION AND ORDER
On September 4, 1959, Trial Examiner Martin S. Bennett issued
his Intermediate Report in this case, finding that the Respondent had
engaged in and was engaging in unfair labor practices in violation of
Section 8 (b) (3) of the Act and recommending that it cease and desist
therefrom and take certain affirmative action, as set forth in the copy
of the Intermediate Report attached hereto. Thereafter, the Respond-
ent filed exceptions to the Intermediate Report, and a supporting
brief.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Jenkins and Fanning].
The Board has reviewed the rulings made by the Trial Examiner
at the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and brief, and the entire record in the
case, and hereby adopts the findings, conclusions, and recommenda-
tions of the Trial Examiner.
The complaint alleged, and the Trial Examiner found, that Re-
spondent violated Section 8(b) (3) of the Act by failing to comply
with the requirements of Section 8(d) (1), (3), and (4) 1 at a time
when a collective-bargaining agreement which it executed on Novem-
i Section 8 (d) provides in part : ` . . . That where there is in effect a collective-
bargaining contract covering employees in an industry affecting commerce, the duty to
126 NLRB No. 72.