Multiplex Faucet Co.

National Labor Relations Board - Board Decisions

Aug 23, 1948

79 N.L.R.B. 38 (N.L.R.B. 1948)

In the Matter of MULTIPLEx FAUCET COMPANY, EMPLOYER and METAL
POLISHERS, BUFFERS, PLATERS AND HELPERS INTERNATIONAL UNION,
LOCAL 13, A. F. L., PETITIONER and STOVE MOUNTERS INTERNATIONAL
UNION OF NORTH AMERICA, LOCAL 108, A. F. L., INTERVENOR
Case No. 14-RC-212.-Decided August 03,1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing officer
of the National Labor Relations Board. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
The labor organizations involved claim to represent employees of
the Employer.
Upon the entire record in this case, the Board finds that no question
of representation 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 for the following reasons:
The Petitioner seeks to sever a unit of all polishers and platers in
the Employer's plant at St. Louis, Missouri, from an existing unit
of production and maintenance employees.' The Employer and the
Intervenor contend that the unit is inappropriate.
.Houston , Murdock , and Gray.
1 The Intervenor was designated exclusive bargaining representative of the production
and maintenance employees , including the polishers and platers herein sought , as the result
of a consent election in 1946. The production and maintenance employees are now covered
by an agreement between the Employer and the Intervenor . This agreement is for an
initial period of 1 year ending August 13, 1948, and thereafter "until modified or changed
by mutual consent or by proper governmental authority" or until terminated on 30 days'
notice. It is not urged as a bar to this proceeding.
79 N. L. R. B., No. 4.
38
MULTIPLEX FAUCET COMPANY 39
The record shows that at one time the Employer employed eight
polishers, but that at the time of the hearing it had only one such
- employee who is admittedly a craftsman. This reduction in staff was
-due to a change in the Employer's manufacturing process requiring
the use of stainless steel, in its polished state, instead of brass which
required polishing. The record also shows that during the off-season
period which extends from about September to March, there will be
insufficient polishing work to keep the one polisher employed full time.
In this connection the Employer contemplates a transfer of the pol-
isher to another department in order to avoid laying him off during
the off-season period.
As to the plating work, that is being done by the supervisor in
-charge of the polishing department. This individual has the authority
to hire and discharge employees and, therefore, is not an employee
within the meaning of the Act.
It thus appears that the size of the unit which the Petitioner seeks
to sever from the existing production and maintenance unit will
hereafter not exceed one employee, and that for approximately half
the year he will be working with the production and maintenance em-
ployees. This case presents an inappropriate situation for severance,
without regard to the issue raised by the fact that the unit requested
includes, at most, only one employee. We shall therefore dismiss the
petition.
ORDER
Upon the basis of the entire record in this case, the National Labor
,Relations Board hereby orders that the petition filed in the instant
matter be, and it hereby is, dismissed.