Merck & Co., Inc.

National Labor Relations Board - Board Decisions

Mar 8, 1950

88 N.L.R.B. 975 (N.L.R.B. 1950)

In the Matter of MERCK & Co., INC., EMPLOYER and DISTRICT #47
OF INTERNATIONAL ASSOCIATION OF MACHINISTS, UNION
Case No. 2-RC-M58.-Decided March 8, 1950
DECISION
AND
DIRECTIONS OF ELECTIONS
Upon a petition duly filed, a hearing was held before Daniel J. Sul-
livan, hearing officer. The hearing officer's rulings made at the hear-
ing 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
this case to a three-member panel [Chairman Herzog and Members
Houston and Reynolds].
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 em-
ployees 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 Petitioner seeks to sever from the established bargaining unit
of production and maintenance employees at the Employer's Rahway,
New Jersey, plant, eight units composed of (1) machinists, millrights,
and automobile mechanics, (2) carpenters, (3) pipe fitters, (4) elec-
tricians, (5) painters, (6) sheet metal workers and tinsmiths, (7)
welders, and (8) blacksmiths, contending that employees in these listed
categories constitute severable craft groups. The Employer and the
Intervenor,' on the other hand, contend that the requested units are
1 Employees ' Organization of Merck & Co ., Inc., the Intervenor herein , has been the
collective bargaining representative for all hourly production and maintenance employees at
the Employer's plant since 1937 . Consent elections were conducted by the Regional Director
for the Second Region in April 1946 , and in April 1947, and after each election , the Inter-
venor was certified as the collective bargaining representative . The Employer and the
Intervenor have entered into wage agreements since 1937 . Their last contract ran from
July 1947 to July 1949 , with an automatic renewal clause. The petition herein was filed
before the Mill B date. From July 1949, the contract has been extended from month to
month, pending the outcome of these proceedings.
88 NLRB No. 192.
975
976 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
inappropriate and that only the present plant-wide production and
maintenance unit is appropriate.
All employees sought to be included in the eight proposed craft units
are generally classified as "mechanics" in the Employer 's mechanical
division . They are also given an occupational classification for pur-
poses of promotion and layoff. All mechanics are rated as Class A,
Class B, or Class C, and those in the several occupational classifications
with the same ratings receive the same hourly wage. Thus a Class A
carpenter is paid at the salve rate as a Class A machinist.
At its Rahway plant , the only plant involved herein, the Employer
manufactures streptomycin, penicillin, vitamins, narcotics, and many
other chemicals and medicinal products .' Some of the products are
produced in large quantities, but others may be produced in quantities
amounting to less than a gram. The type of operation used by the
Employer is described as batch processing. This method does not
involve a continuous flow of materials through the production lines,
but involves multistep operations looking to the completion of a given
quantity of chemical or drug material . In this multistep operation,
the final product of one step is used as the raw material of the next step.
In one batch process, there may be as many as 32 steps including dis-
tillation precipitation, churning, refining, heating, and drying.
Because of frequent changes in the types and quantity of materials
being produced , it is necessary to make constant repairs, replacement,
and installation of production equipment . When the flow of material
is changed or stopped , maintenance mechanics must be immediately
available to perform their installation or repair work. To facilitate
the speedy repair or installation of new equipment , the Employer has a
number of area gangs composed of men with various craft skills who
are responsible for maintenance of plant and equipment in a particular
area of the-plant. When working on a machine in a production area,
the maintenance mechanics do not perform any production process nor
do they operate any production equipment.3
The factory manager for production and the plant engineer, who
is in charge of the mechanical division , the powerhouse , and plant pro-
tection, report directly to the plant manager, who is responsible for all
production and maintenance in the plant. The superintendent of me-
chanics, under the plant engineer, is in charge of the mechanical divi-
sion and the over-all supervisor of all the employees sought in these
proceedings . Two general foremen, each responsible for installation
and maintenance in half the plant, a chief electrician , an auto mechanic
2 Approximately 1,700 different items are manufactured at the Employer 's plant.
3 The Employer , for cost accounting purposes , charges the time spent by maintenance
mechanics installing or repairing a machine , against the product on which their services
were used.
MERCK & CO., INC. 977
foreman, and the foreman of plant painters report to the superin-
tendent of mechanics. Each of the general foremen has under him a
number of area foremen who are responsible for maintenance and in-
stallation of the plant and equipment in a particular area of the plant.
There are also two electrician foremen reporting to the chief electrician.
The maintenance mechanics involved in this proceeding work either
under an area foreman or under one of the occupational foremen-
the electrician foreman, auto mechanic foreman, or the foreman of
painters.
The immediate supervisors of all the employees involved in this
proceeding, except for auto mechanics, electricians, and painters, are
area foremen. An area foreman's gang is usually composed of a num-
ber of pipe fitters, carpenters, millwrights, sheet metal workers, and
one or more helpers to assist all, the mechanics in the gang to which
they are assigned 4 Sometimes a welder is added to the gang. An
area foreman supervises mechanics who are members of crafts different
from that of his own. Each mechanic in an area gang has considerable
latitude and discretion in the proper performance of his special skills.
He estimates the time, material, and cost of any job over $15. He
requisitions all materials he may need for repairs or installation from
the supply department. Members of area gangs may occasionally
work in shop areas assigned regularly to mechanics with a particular
craft classification, but for the most part, the gangs perform their
work singly or in groups wherever their services are required. Ma-
chines and tools peculiar to a craft are located in the shop areas as-
signed to members of that craft. The shop area assigned to welders
is screened off from other shop areas by canvas. Machines placed in
a craft shop area are used by members of that craft only. In some
shop areas, the Employer by the use of signs has further indicated to
the employees that only members of that craft shall use the machines
located in that area. The auto mechanics, electricians, and painters
report directly to a foreman who supervises only those respective cate-
gories. These categories have their own respective shops, where their
tools are kept.
Maintenance mechanics and production personnel use the same
gates, parking lots, cafeterias, and intermingle in the recreation and
educational program sponsored by the Employer. All employees have
the same health program, vacation program, the same disability pay-
ments, and the same group insurance program. The Employer has
only one payroll for all the employees in the plant. On the other
* The Petitioner does not desire to represent helpers. Helpers do not confine their work
to a particular craft, but assist any member of an area gang who may need their services.
978 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hand, maintenance mechanics receive a scale of pay approximately 35
cents per hour higher than the level of production employees. They
use a different vacation schedule. They wear uniforms of different
color. Locker rooms assigned to craft employees are used by members
of different crafts who are under the supervision of the area foreman.
Many employees with craft classifications furnish their own craft
tools. They obtain other tools and materials as needed from com-
munal tool cribs and the supply department.
There is no formal craft apprenticeship program conducted by the
Employer. Many mechanics have served apprenticeship terms in
their respective crafts before their employment at the Employer's
plant. A candidate for the classification of helper or Class C me-
chanic, Class B mechanic, or Class A mechanic, must successfully pass
an examination applicable for the particular classification for which
he applies. To become a Class A mechanic in a craft, the employee
must be familiar with and highly skilled in the work of his craft.
Although some maintenance mechanics work in composite crews under
the direction of area foremen, they nevertheless perform only the
work normally done by members of their craft. Thus, the various
occupational groups among the maintenance mechanics at all times
retain their separate identity and homogeneity. Seniority is on an
occupational classification basis, although the seniority accruing to a
particular employee dates from the time of his original hiring regard-
less of other job classifications he may have held. Promotions and
layoffs follow craft lines.
In view of the foregoing and the fact that we heretofore have found
craft units of employees appropriate in the chemical industry,-' we
see no reason why, under the terms of the amended statute, self-
determination elections should not be directed among the employees
in such of the units proposed by the Petitioner as constitute recognized
craft groupings.6
5 Heyden Chemical Corporation, 85 NLRB 1181 ; Mallinckrodt Chemical Works, 84 NLRB
291 ; Mathieson Chemical Corporation, 81 NLRB 1355 ; Owens-Corning Fiberglas Corpo-
ration, 84 NLRB 298 ; Jefferson Chemical Company, 81 NLRB 1393 ; B. F. Goodrich Chemical
Co. (Geon Plant ), 75 NLRB 1142; E. I. du Pont ( Grasselli Division ), 65 NLRB 390.
6 We have also duly considered the Employer 's contention that the general pattern of
collective bargaining in the chemical industry has been predominately on an over -all pro.
cluction and maintenance basis. To substantiate this contention the Employer introduced
in evidence a report by the Bureau of National Affairs, Inc ., Washington , D. C., on "Bargain-
ing Units in the Chemical Industry ," based on contracts filed with the BNA and with the
Industrial Relations Branch of the Bureau of Labor Statistics, Department of Labor, which
shows that 86.6 percent of the collective bargaining contracts in the chemical industry
provides for over-all production and maintenance groups. This report was also accepted
as evidence in E. I. du Pont de Nemours and Company , Inc., 85 NLRB 1301 ; Sylvania
Division, American Viscose Corporation, 84 NLRB 202 ; and Carbide & Carbon Chemicals
Corporation, 88 NLRB 923.
MERCK & Co., INC. 979
Machinists, millwrights, and automobile mechanics: Three Class A
mechanics at the Employer's plant, with the occupational classification
of machinist, spend most of their time in the machine shop operating.
machine shop equipment such as lathes, radial drills, shapers, and drill
presses. They make parts for the innumerable machines in the plant
and parts used by the auto mechanices. Their work involves close tol-
erances and all types of metals. Twenty-nine mechanics at the Em-
ployer's plant, with the occupational classification of millwright,
regularly assigned to area gangs, perform only millwrights' work, such
as the installation of all types of mechanical equipment. They bring
power to equipment by transmission media, like gears, chains, pulleys,
and belts . They perform installation work requiring very close toler-
ances. Millwrights, not as skilled as machinists in the use of the lathe,
depend upon the machinists for all close tolerance lathe work. Many
millwrights in part furnish their own tools. Three mechanics in the
Employer's auto shop, with the occupational classification of auto
mechanic, spend all their time in the garage area repairing automobiles,
trucks, jitneys, and other gasoline powered equipment. They also
charge batteries used in the jitneys and other automotive equipment.
The auto mechanics depend upon the machinists for axles and other
repair parts.
Carpenters: Thirty-three maintenance mechanics, with the occupa-
tional classification of carpenters, perform all the carpentry work at
the Employer's plant, working both with materials common to the
trade, and with rare woods which achieve certain corrosion-resistant
effects in the construction of chemical vats. The carpenters furnish
many of their own tools.?
Pipe fitters: Approximately 97 mechanics, with the occupational
classification of pipe fitters, work with carbon steel , stainless steel,
glass lined, transite, curion, lead, and cast iron pipe, and are skilled in
making gaskets , and repairing valves, and in working with porcelain
and hard rubber pipe peculiar to the chemical industry. Pipe fitters
work from sketches and from oral instruction, and Class A pipe fitters
must be able to read and work from orthographic views. Working in
area gangs, pipe fitters use their independent judgment on fitting and
types of pipe to be used to complete a work assignment .8
7Incidental to their craft work, when a painter is not immediately available, carpenters
shellac their work for temporary protection.
$ Although production personnel may on occasion perform minor jobs that traditionally
come within pipe fitters ' work, such as altering the flow of chemicals in a production process
by manipulating a valve or pipe, or draining tank cars by attaching a pipe to various valves,
such work performed by production personnel is incidental to their immediate jobs and is
of a routine , unskilled nature.
The record also shows that two lead burners and a carpenter cut porcelain pipe on a
diamond pipe cutter, a machine developed in their shop . Because it is delicate and unique,
and is easily damaged, the Employer has assigned these men to operate it.
882191-51-63
980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Electricians : Approximately 25 maintenance mechanics , with occu-
pational classifications of electricians , maintain the electrical controls
and various electrical equipment , power cables , and equipment neces-
sary to the operation of the plant. They are also skilled in the instal-
lation and repair of explosion proof motors and wires. The electri-
cians possess skills and perform duties similar to those maintenance
electricians whom we have frequently found to constitute a distinct
and homogeneous group, capable of forming a separate craft unit for
collective bargaining purposes.
Painters : Nine Class A mechanics and one Class B mechanic, with
the occupational classification of painter , use both brush and spray
equipment as necessary , in painting machinery , office and factory
interiors, and refinishing furniture . All Class A painters are skilled
in high polish and graining . Although production personnel , electri-
cians, and carpenters , incidental to their regular work may apply paint
for protective purposes until painters are available , only painters per-
form painting which is more than 6 feet from the floor or which
requires ladders and scaffolding.
Sheet metal workers and tinsmiths : Five mechanics , with the occu-
pational classification of sheet metal workers and tinsmiths , perform
the same type of work on metals of different gauge. They are skilled
in the use of lock forming machines , box break machines , rollers, unit
shear machines , and all hand tools customary to their craft. They
make elbows from various types of metals , including stainless steel,
and tees, Y branches, etc. Incidental to their own peculiar jobs, two
welders and packaging machine mechanics may perform some sheet
metal work, but not on an extensive scale nor work requiring particular
skill.
Welders : Approximately 14 mechanics , with the occupational clas-
sification of welder at the Employer 's plant, perform work in the ma-
chine shop and in the production areas. Their work includes all types
of acetylene gas and electric welding and brazing. They weld on stills,
carbon steel piping, large and small castings , aluminum columns,
stainless steel coils, and the more skilled welders work on stainless steel
piping. Only the welders operate the welding machines . Welders .
are required by the Employer to affix their code signature to each high
pressure weld on which they work.
Blacksmiths : Two mechanics with the occupational classification of
blacksmith at the Employer 's plant, are skilled in the use of the forge,
hammers, and grinders . They do tempering and temperature work in
making chisels and star drills for the use of other mechanics through-
out the plant . This work is the traditional work of the blacksmiths'
craft.
MERCK & CO., INC. 981
We are of the opinion that machinists, millwrights, auto mechanics,
carpenters, pipe fitters, electricians, painters, sheet metal workers and
tinsmiths, welders, and blacksmiths have skills and functions similar
to those of employees at other plants whom we have held constitute
identifiable, homogeneous craft groups,9 which may constitute separate
appropriate units. However, as the inclusion of these employees in
the existing plant-wide unit is also clearly appropriate, we shall not
make any final unit determination until separate elections have been
conducted. If the majority of a voting group vote for the Petitioner,
they will be taken to have indicated their desire to constitute a separate
bargaining unit.
From its proposed craft unit for machinists, millwrights, and auto
mechanics, Petitioner would exclude packaging machinery mechanics.
The record shows that packaging machine mechanics perform ma-
chinists' work on the Employer's many packaging machines and
presses. They too work to close tolerances and are skilled in the use
of the same machines. Although the Petitioner would not include
these employees in the machinists' unit, they clearly belong in the same
unit grouping, and we shall include them.
Accordingly, we shall direct elections among the employees of the
Employer at its Rahway, New Jersey, plant in the groups enumerated
below, excluding in each case office and clerical. employees, professional
employees, watchmen, guards, and supervisors.
(a) All mechanics in the plant with the occupational classifications
of machinists, packaging machinery mechanics, millwrights, ancj
automobile mechanics.1e
(d) All mechanics in the plant with the occupational classification
of carpenter.
(c) All mechanics in the plant with the occupational classification
of pipe fitter.
9 Machinists , packaging machine mechanics , millwrights, and auto mechanics : Reynolds
Metals Company, 85 NLRB 110 ; Anaconda Wire and Cable Company, 81 NLRB 1235, and
cases cited therein ; Cities Service Refining Corporation , 83 NLRB 890. Carpenters : Gulf
Oil Corporation, 77 NLRB 308 . Pipe fitters : Owens - Corning Fiberglas Corporation, 84
NLRB 298; Tin Processing Corporation , 78 NLRB 96 ; B. F. Goodrich Chemical Company
(Geon Plant ), 75 NLRB 1142 . Electricians : Phillips . Chemical Company, 83 NLRB 612;
Tin Processing Corporation, 78 NLRB 96 ; B. F. Goodrich Chemical Company ( Geon Plant),
75 NLRB 1142 . Painters : Owens-Corning Fiberglas Corporation , supra. Sheet metal
workers and tinsmiths ; Waterman Steamship Corporation , 78 NLRB 20 ; Owens-Corning
Fiberglas Corporation, supra. Welders : Potash Company of America, 80 NLRB 1095;
Owens-Corning Fiberglas Corporation , supra. Blacksmiths : Southland Paper Mills, Inc.,
81 NLRB 330 ; Potash Company of America , 80 NLRB 1035 ; Reynolds Metals Company,
McCook Sheet Mills, 70 NLRB 1338.
'0 This voting group is somewhat larger than the unit sought by the Petitioner. If the
Petitioner does not desire to participate in an election for machinists , packaging machinery
mechanics , millwrights , and auto mechanics at this time , we shall permit it to withdraw
that part of the petition pertaining to the above -named group upon notice to the Regional
Director within 5 days after the issuance of this Decision and Direction of Elections.
982 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(d) All mechanics in the plant with the occupational classification
of electrician.
(e) All mechanics in the plant with the occupational classification
of painter.
(f) All mechanics in the plant with the occupational classification
of sheet metal worker or tinsmith.
(g) All mechanics in the plant with the occupational classification
of welder.
(h) All mechanics in the plant with the occupational classification
of blacksmith.
DIRECTIONS OF ELECTIONS
As part of the investigation to ascertain representatives for the pur-
pose of collective bargaining with the Employer, separate elections
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 employee
groups respectively in the unit found appropriate in paragraph num-
bered 4, above, who were employed during the payroll period im-
mediately preceding the date of this Direction of Elections, including
employees who did not work during said payroll 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 reinstated prior to the date of the elections, and
also excluding employees on strike who are not entitled to reinstate-
ment, to determine whether they desire to be represented, for purposes
of collective bargaining, by District No. 47 of International Associa-
tion of Machinists, or by Employees' Organization of Merck & Co.,
Inc., or by neither.