Lee Brothers Foundry, Inc.

National Labor Relations Board - Board Decisions

Jul 17, 1953

106 N.L.R.B. 212 (N.L.R.B. 1953)

21 2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. All production and maintenance employees employed at
the Clay & Bailey Manufacturing Company's Kansas City,
Missouri , plant, excluding truckdrivers , office clerical em-
ployees , professional employees , guards, and all supervisors
as defined in the Act.
2. All production and maintenance employees employed at
the Morgan Foundry Company ' s Kansas City , Missouri , plant,
excluding truckdrivers , office clerical employees , professional
employees , guards, and all supervisors as defined in the Act.
Upon the results of these elections will depend , in part, our
final unit determination . If the employees in group 2 select
a bargaining representative different from that selected by
the employees in group 1 , the Board finds that the group 2
employees constitute a separate appropriate unit ; and in these
circumstances if the employees in group 1 also select a
bargaining representative the Board finds that the employees
in group 1 also constitute an appropriate bargaining unit.
If the employees in the two groups select the same bargaining
representative , the Board finds that together they constitute
an appropriate unit. The Regional Director conducting the
elections directed herein is instructed to issue a certification
of representatives to the union or unions in the unit or units
which may result from the elections.
[Text of Direction of Elections omitted from publication.1
LEE BROTHERS FOUNDRY, INC. and INTERNATIONAL AS-
SOCIATION OF MACHINISTS, DISTRICT LODGE NO. 178,
A.F.L., Petitioner. Cases Nos . 10-RC-2305, 10-RC-2306,
and 10 -RC-2307. July 17, 1953
DECISION AND DIRECTION OF ELECTIONS
Upon petitions duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Gilbert
Cohen, 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 Act, the
Board has delegated its powers in connection with these cases
to a three -member panel[Members Houston, Styles, and
Peterson] .
Upon the entire record in these cases , the Board finds:
1. The Employer is engaged in commerce within the meaning
of the Act.
2. The labor organization involved claims to represent cer-
tain employees of the Employer.
3. A question affecting commerce exists concerning the
representation 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 units:
In Case No. 10-RC - 2306, the Petitioner seeks a separate
unit of all toolroom and machine shops ' employees at the
106 NLRB No 42.
LEE BROTHERS FOUNDRY, INC. 213
Employer's plant in Anniston , Alabama, excluding all other
employees and supervisors as defined in the Act. In Case
No. 10-RC-2307 , the Petitioner requests a separate unit of
all maintenance employees , excluding all other employees
and supervisors . In Case No . 10-RC-2305 , the Petitioner
seeks a separate unit of all shipping and receiving employees
and supply room employees , with the same exclusions. The
Petitioner urges, however , that if the Board finds these
separate units inappropriate , it is willing to represent the
employees covered by the separate petitions in a single unit.
The Employer contends that only an overall production and
maintenance unit, which would include the employees for whom
the Petitioner seeks separate representation , as well as the
foundry and smelting employees and all production clerks, is
appropriate . There is no history of collective bargaining at
the Employer ' s plant.
The Employer , who is engaged in the manufacture and sale
of brass and bronze fittings and castings at its Anniston plant,
employs approximately 600 employees in 7 buildings in which
the Employer's operations are conducted . Except in minor
respects , there is one policy as to wages, vacations , bonuses,
holidays , group insurance , and general plant operation for all
employees.
Case No. 10 -RC-2306: The Petitioner requests a unit of all
toolroom and machine shop employees , including toolmakers
(machinists ), machine operators ( tapping, screw , sweat-fitting,
turrent lathe , drill press , tool grinder, production lathe,
production machine, plug screw , bushing, and automatic plug
machine operators ), setup men, assemblers , and helpers
(riddlemen ), but would exclude a plant clerk and all other
employees and supervisors as defined in the Act.
The Employer operates two machine shops which are located
in separate buildings . Each machine shop is under the super-
vision of a machine shop foreman who is directly responsible
to the machine shop superintendent . All the employees in the
requested unit are promoted from jobs within the machine
shops, are listed on the machine shop seniority list and payroll,
and do not interchange with employees from other depart-
ments. Most of these employees receive the same wage rates.
Machine shop No. 1 consists of the toolroom and the valve,
tapping machine , sweat -fitting, turret lathe, and tool grinding
departments. There are 3 machinists and 4 junior machinists
in the toolroom who are supervised by the machine shop
foreman.' The machinists , who possess greater skills than
the junior machinists and accordingly receive a higher rate
of pay, make all the necessary tools for the Employer. The
machine operators, of which there are approximately 26, work
in the tapping machine , sweat -fitting , and turret lathe depart-
ments under the supervision of their respective department
foremen, and are assigned to the same machines each day.
1It appears that one of the machinists occasionally performs milling machine operations on
patterns sent to the machine shop from the pattern shop.
214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The tool grinders , who are under the same supervision as the
toolroom employees , are required to grind reamers and box
tools to specific degrees of clearance . The assemblers, of
which there are 10, work in the valve department under the
immediate supervision of the valve department foreman and
assemble the various parts which go into the Employer's
product. The machine shop helpers or riddlemen shuttle
products on the riddle to the machine operators in the tapping
and sweat -fitting departments , assist the operators in filling
their machines, and devote all their time to machine shop
duties.
Machine shop No. 2 consists of 3 plug screw machine
operators , 7 tapping machine operators , 3 bushing machine
operators , 1 plug machine operator , and approximately 4
helpers. All these employees are supervised by the machine
shop foreman in charge of machine shop No. 2. The toolroom
and machine shop employees are separately and commonly
supervised , do not interchange with employees inotherdepart-
ments, receive their training in the machine shops, and are
promoted within the machine shops. On the basis of the entire
record in this proceeding, and in view of the fact that there is
no history of collective bargaining on a broader basis, we
find that the toolroom and machine shop employees constitute
a homogeneous , readily identifiable , and functionally coherent
group of employees possessing a sufficient community of
interest separate from that of the other employees to warrant
the establishment of a separate bargaining unit.'
There remains for consideration , however, the unit place-
ment of the plant clerk in machine shop No. 1 and the setup
men. The Petitioner contends that the plant clerk should be
excluded from the unit because his interests lie with the main
office clerks . The Employer urges that the plant clerk
should be included . The plant clerkkeeps records of all weights
which are shipped into machine shop No. 1 and records the
amount of materials produced there. He performs those duties
exclusively in that shop . Under the circumstances , we find
that the duties and interest of the plant clerk are sufficiently
allied with those of the machine shop employees to warrant
his inclusion in the unit.
The Petitioner also contends that the foremen of the various
departments in the machine shops are setup men and should
be included in the unit. However , the record discloses that
while these individuals assist the other employees in setting
up the machines , they are classified as foremen and possess
the authority to hire and discharge. We therefore find that the
setup men are supervisors and we shall exclude them from
the unit.
Accordingly , we find that all toolroom and machine shop
employees , including toolmakers ( machinists ), machine opera-
tors ( tapping, screw , sweat -fitting, turret lathe, drill press,
tool grinder, production lathe, production machine, plug
screw, bushing, and automatic plug machine operators),
2See Owens-Corning Fiberglass Corporation, 81 NLRB 441
LEE BROTHERS FOUNDRY, INC. 215
assemblers, helpers (riddlemen), and the plant clerk, excluding
all other employees, the setup men, and all other supervisors
as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section
9 (c) of the Act.
Case No. 10-RC-2307: In this case, the Petitioner requests
a unit of all maintenance employees, including millwrights
and their helpers, general repairmen, miscellaneous main-
tenance men (carpenters), the maintenance truckdriver, elec-
tricians, welders and their assistants, and laborers and helpers
permanently assigned to the maintenance department.
The maintenance department is under the supervision of a
maintenance superintendent and is located in a separate
building. The millwrights, of which there are 3, maintain and
repair the plant machinery. Two of the millwrights are respon-
sible, together with their helpers, for the maintenance of the
machinery in foundries No. 1 and No. 2, respectively, and
spend approximately 90 percent of their time at those opera-
tions. The third millwright, with the assistance of 5 helpers,
maintains and repairs the machinery in the remainder of the
plant, and also devotes the major portion of his time outside
the physical location of the maintenance department. While
engaged in work outside the maintenance department, the
millwrights and their helpers are under the supervision of the
maintenance department superintendent although they are
instructed as to what work must be done by the foremen of
the departments in which their services are required. The
millwrights and their helpers are trained in the maintenance
department, own their hand tools, report each morning to that
department at the start of their shift, and do not interchange
with employees in other departments. The general repairmen
repair and keep up the buildings and grounds, and maintain
the fences and road shoulders. The miscellaneous maintenance
men, like the general repairmen, maintain the buildings and
grounds. They also do carpentry work, and spend a portion of
their time making flasks in the maintenance department.
These employees are supervised by the maintenance depart-
ment superintendent, report to that department each morning
where work assignments are made, and do not interchange
with employees in other departments. The maintenance truck-
driver performs some shipping work at the loading dock, but
spends about 60 percent of his time working in and for the
maintenance department. This individual is supervised by the
maintenance department superintendent, reports for work each
morning to that department, and is not interchanged with
employees in other departments. There are 2 electricians who
at present are being trained in that job classification by the
maintenance department superintendent. These employees
will perform general electrical repairs and will install electri -
cal equipment in the plant. While 98 percent of their time will
be consumed in working outside the maintenance department,
they will be under the supervision of the maintenance depart-
ment superintendent. There is 1 welder and an assistant under
the supervision of the maintenance department superintendent
21 6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
who spend about 50 percent of their time performing welding
operations throughout the plant . The 2 laborers and helpers,
who are ultimately supervised by the maintenance department
superintendent , assist the miscellaneous maintenance men
in maintaining the buildings and grounds , and are at times
assigned to assist in other departments . These employees
report each morning to the maintenance department.
The Board has been reluctant to sever a maintenance group,
such as that requested in this case by the Petitioner, from a
preexisting production and maintenance unit, where to do so
would disrupt stable collective -bargaining relations on a
broader basis . However , where, as here, there is no collective-
bargaining history on a broader basis, we have found that a
readily identifiable , homogeneous group of maintenance em-
ployees, similar to those involved herein , possesses a sufficient
community of interest separate from that of the production
employees to warrant their separate representation . Accord-
ingly, we find that the maintenance department employees
constitute a unit appropriate for the purposes of collective
bargaining. 3
We find that a unit of all maintenance employees , including
millwrights and their helpers, general repairmen , miscel-
laneous maintenance men (carpenters ), the maintenance truck-
driver, electricians , welders and their assistants , andlaborers
and helpers permanently assigned to the maintenance depart-
ment, excluding all other employees and supervisors as defined
in the Act , constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 ( b) of the Act.
Case No. 10 - RC-2305: The Petitioner seeks a unit of all
shipping and receiving employees and supply room employees,
including packers , testers, checkers , inspectors , and truck-
drivers - shipping clerks, but excluding plant clerks in the
shipping department and all other employees and supervisors
as defined in the Act . The Employer contends that if such a
unit is found appropriate the plant clerks in the shipping de-
partment should be included.
The shipping department, which occupies a portion of a
building in which the machine shop No. 1 is located , consists
of inspectors , testers, checkers , packers, truckdrivers-
shipping clerks, and plant clerks . These employees are under
the supervision of the shipping department foreman, do not
interchange with employees in other departments , and appear
on the shipping department seniority list and payroll. The
inspectors check the fittings by visual examination to determine
whether they are acceptable for shipment to the Employer's
customers . The testers, who interchange with the inspectors,
test fittings for any unusual burrs and grind them off. When an
item is defective , the testers send it to the machine shop fore-
man for further processing . The checkers count the number of
items necessary to fill the orders, and the packers prepare
the items for shipment. Upon completion of the packing
3Borden's Soy Processing Company, 88 NLRB 1208 ; Hotpoint , Inc , 85 NLRB 485.
FRANCES H. LEGGETT AND COMPANY 217
process, the truckdrivers-shipping clerks convey the orders to
the foundry where a scale is available for weighing the shipment.
The shipment is checked by the drivers and then is transported
by truck to a railroad depot. An assistant receiving clerk, who
assists the receiving clerk, a conceded supervisor, works in
the supply room and records the receipt of all materials which
come into the plant.
In view of the units found appropriate above, the shipping
department employees are the only production employees who
remain unrepresented, other than the foundry employees whom
we traditionally find to constitute a separate appropriate unit.
Accordingly, we find that the employees herein sought are in
the nature of a residual unit, and that as such, they may be
afforded an opportunity to select separate representation,
particularly in the absence of any bargaining history on a
broader basis.
The unit placement of the plant clerks in the shipping depart-
ment is in dispute. The Petitioner contends that these em-
ployees should be excluded from the unit because their interests
are not allied with those of the shipping and receiving em-
ployees. The Employer contends otherwise. The two plant
clerks work in the shipping department. One clerk maintains
records of shipments which leave the plant and is supervised
exclusively by the shipping department foreman. The other
clerk keeps records of production and, while he is located in
the shipping department, he is supervised by both the shipping
department foreman and the production foreman. As the
interests and duties of these employees appear to be allied
with those of the shipping and receiving employees, we shall
include them in the unit.
Accordingly, we find that all shipping and receiving em-
ployees and supply room employees, including packers, testers,
checkers, inspectors, truckdrivers-shipping clerks, and plant
clerks, excluding all other employees and supervisors as defined
in the Act, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
[Text of Direction of Elections omitted from publication.]
FRANCES H. LEGGETT AND COMPANY and INDUSTRIAL
UNION OF MARINE AND SHIPBUILDING WORKERS OF
AMERICA, CIO, Petitioner and LOCAL 676, INTERNA-
TIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF AMERICA, AFL
and LOCAL 56, AMALGAMATED MEAT CUTTERS AND
BUTCHER WORKMEN OF NORTH AMERICA, AFL. Case
No. 4-RC-1974. July 20, 1953
DECISION AND ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing
106 NLRB No. 37.