240 N.L.R.B. 1051 (N.L.R.B. 1979)

Peterson/Puritan, Inc.

National Labor Relations Board - Board DecisionsFeb 28, 1979

240 N.L.R.B. 1051 (N.L.R.B. 1979)

PETERSON/PU'RITAN, INC. 1051 Peterson/Puritan, Inc. and International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, local 251, Petitioner. Case I RC 15878 February 28. 1979 DECISION ON REVIEW ANI) ORDER BY CHAIRMAN FNNIN(; NI) M'I11R RS JN\INS ANI Mt RPI1t On September 13. 1978. the Regional Director for Region I issued a Decision and Direction of Election in this proceeding in which he found appropriate for collective bargaining a unit limited to approximatel\ 22 line mechanics at the Employer's Cumberland, Rhode Island, facility.' Thereafter the Employer filed a timely request for review, alleging that the line me- chanics did not have a distinct community of interest sufficient to justify representation in a separate unit. On October 12, 1978, the Board granted the Employer's 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 with respect to the issues under review and makes the following findings: The Employer is engaged in the business of filling plastic and metal containers with a liquid or aerosol. In addition to the 22 line mechanics which the Peti- tioner seeks to represent. the production and mainte- nance complement at the Cumberland plant includes approximately 250 production line employees. 8 en- gineering/maintenance employees. 26 mixers. and 20 quality control employees. During its two production shifts, the Employer operates eight production lines. Each line is manned by between 10 and 42 produc- tion employees and is regularly assigned 2 line me- chanics. Additional mechanics are assigned to a line as needed. The line mechanics maintain the operation of their assigned production line by adjusting machines and performing minor repairs. Their duties constitute only a portion of the maintenance work performed at the Cumberland facility. 2 The mechanics are paid a higher average wage than production line employees. wear a distinct uniform, and report to work one-half Tlhe rele.ant portion of the Relional I)lreclor's ID)ec loln I tt ll.lhc hereto Malor repair. In',tallallOn of mnachlne.r ad resiruclurin o.f prod .ic- lion lines are performed cxclusi'el\ h the eight enlIgleetlnt III:l llt Cl.Cn emploiecs wh t are Iourne\ mel and aork Ihrollehoul the plant 240 NLRB No. 158 hour before each production shift begins. Also, the mechanics are under the exclusive supervision of the line mechanics supervisor, who reports directly to the plant engineer. Line mechanics receive the same fringe benefits. use the same facilities, and are hired in the same manner as other employees. Further. unlike the engi- neerinig maintenance employees. who are journey- men and receive a higher wage, the line mechanics are neither highly skilled nor required to possess any previous experience or formal training. In fact a number of current line mechanics are former produc- tion line employees. However, once hired, the me- chanics undergo a 90-day training and probationary period. Mechanics also attend occasional training classes and use their own tools as well as special tools provided by machine manufacturers. Based on their training and separate supervision. their higher average pay, and the fact that the me- chanics perform work functionally distinct from that performed by production employees the Regional Director concluded that the line mechanics com- posed a separate department and possessed a distinct community of interest sufficient to justify representa- tion in a separate unit. We disagree. Although the mechanics report to a separate work area to receive their daily assignments, the remainder of their shift is spent at their assigned production line. Thus. the mechanics work close to the produc- tion line employees, with whom they share common benefits. In addition, a number of line mechanic po- sitions have been filled from the production ranks. More significantly. the line mechanics, as the Re- gional Director noted, are not highly skilled. They are not required to possess any previous experience or formal training, and their work. which is limited to adjusting machines and performing minor produc- tion line repairs, constitutes only a portion of the maintenance work performed at the facility. Further. although the mechanics perform e ssentially mechani- cal maintenance rather than production work, they maintain the production lines, and thus their duties are an integral part of the production process. Since the mechanics work close to, and share com- mon benefits with, production workers, perform du- ties which are an integral part of the production pro- cess, and do not possess a high level of skills, we find that a unit limited to line mechanics is inappropri- ate.) I he cacs ... ted h the Reginal I)irector ,ire d,tingiulh.hle In regard to both the decree of kill p ,ced( h the enploiccs. Inml,ied ihe fact thilt. iIl Iho te Ci le. UnIt1' elltnlip.Si' g n hole mr.lincliltnce department. uere fuillld appropriate I Irtler Iln realhing itif dcilion, i .e are nlot decid- illg whether i lnil t the hine iechanlcs hare a. comlllllitrltt i nll eirest ith priductiorn oiArker, grctcr tl than it hared uith other m.litenarne em- phl c, PETERSON/PURITAN. NC. 051 1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Since the Petitioner is unwilling to represent any unit other than the one requested, we shall dismiss the petition. ORDER It is hereby ordered that the petition be, and it hereby is, dismissed. APPENDIX The Employer's basic operation consists of in- serting aerosol and liquid product supplied by its customers into containers also supplied by the customers and shipping the filled containers. The main production area has eight separate lines where the insertion takes place. Each line is operated by line production employees and has two line mechanics assigned to keep it in opera- tion. The line mechanics report at the beginning of each shift to the mechanics workshop which is a separate area. They receive their assign- ments from, and are under the exclusive supervi- sion of the line mechanics supervisor. The line mechanics supervisor and the engineering/ maintenance employees' supervisor report to the plant engineer. The production supervisors re- port to the production manager. Each line me- chanic has an assigned line on which he usually works, but can be utilized on other lines or in the workshop as needed. The line mechanics' job consists of maintenance, adjustment and re- pair of the mechines. They do only incidental production work, and the line production em- ployees do only minimal adjustments of the ma- chines. The engineering/maintenance employees are journeymen who do plant repairs and major restructuring of lines and installation of machin- ery. The line mechanics are generally hired origi- nally as line mechanics, but a few have been hired from the production employee comple- ment. There are no special prerequisites for em- ployment as a line mechanic and training con- sists primarily of a 90 day on-the-job training and observation period. Some special training classes are given for all line mechanics from time to time. The line mechanics own certain basic tools and also use special tools supplied by the machine manufacturers. Because of their particular skill, the line mechanics are generally retained the longest in the event of a layoff. Although the line mechanics receive common fringe benefits with production employees, punch a common time clock, and share common facilities, they work slightly different shifts, their average pay is higher than the production em- ployees, they have separate uniforms and they take their breaks as their work allows. The last time a raise was given to all of the line produc- tion employees, the line mechanics did not re- ceive a raise. While the record does not establish that the line mechanics constitutes [sic] a distinct craft unit, it does show that they are established in a separate department under separate supervision. They perform only mechanical maintenance work, for which they receive special training, are higher paid and do not interchange with the pro- duction employees. Based on their functional se- paration and separate interest, they constitute an appropriate unit. Oscar Malver & Co., 172 NLRB 1471. See also Crown Simpson Pulp Corn- panm, 163 NLRB 796; American Cyanamid Corn- pan.v, 131 NLRB 909.