R & R Equipment & Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 14, 1955

114 N.L.R.B. 1365 (N.L.R.B. 1955)

R & R EQUIPMENT & MANUFACTURING COMPANY 1365
this portion of the Employer's employees would not effectuate the pur-
poses of the Act. We shall therefore dismiss the petition.
[The Board dismissed the petition.]
MEMBER PETERSON, dissenting :
I would assert jurisdiction in this proceeding. As pointed out in the
majority opinion, "the Board has not generally been concerned with
the, type of operation conducted by the customer of a service con-
tractor where the latter is otherwise within the Board's jurisdictional
plan." In this case, it is undisputed that the Employer's overall opera-
tions are nationwide in scope and are clearly sufficient for the asser-
tion of jurisdiction.e The only reason suggested for declining jurisdic-
tion is that the Employer's operation here is "compartmentalized" and
that the employees engaged therein have been "closely integrated and
virtually included in an industry over which the Board, as a matter of
policy, does not assert jurisdiction." The record clearly shows, how-
ever, that the services here performed are those of the Employer's own
employees without interchange with those of the Employer's customer.
I can see, therefore, no basis for departing from the broad principle
which admittedly should govern in the generality of cases. Under
the circumstances, I believe that it is error not to apply the Board's
jurisdictional plan, and that the creation of an exception in the present.
instance is unwarranted.
MEMBERS MuRDOCK and BEAN took no part in the consideration of
the above Decision and Order.
'See Penkerton's National Detective Agency, Inc., 90 NLRB 532 ; Burns Detective
Agency, 110 NLRB 995.
R & R Equipment & Manufacturing Company and Sheet Metal
Workers International Association, Local Union No . 93, AFL-
CIO and United Brotherhood of Carpenters and Joiners of
America, AFL, District Council of St . Louis and Vicinity,'-
Petitioners. Cases Nos. 14-RC-2809 and 14-RC-2857. Decem-
ber 14,1955
DECISION AND DIRECTION OF ELECTIONS
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Walter Werner, hearing
officer. The hearing officer's rulings made at the hearing are free from,
prejudicial error and are hereby affirmed.2
I Hereinafter walled Carpenters.
2 United Steelworkers of America, AFL-CIO ; International Association of Machinists,
AFL-CIO ; and International Brotherhood of Teamsters , Chauffeurs , warehousemen and'
Helpers of America, Local 533, intervened in this proceeding.
114 NLRB No. 245.
1366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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. Except for the Carpenters, all Unions herein seek a production
and maintenance unit excluding draftsmen and designers. Because
the group sought by the Carpenters presently comprise a craft group
of cabinetmakers of a type which are customarily accorded separate
representation, we shall establish a voting group on that basis. As
the Unions seeking the production and maintenance unit do not spe-
cifically exclude the cabinetmakers, it is assumed that they desire to
represent the cabinetmakers as part of the larger unit. In these cir-
cumstances, we shall establish a voting group of production and main-
tenance employees excluding, among other employees, the cabinet-
makers, and also a voting group of cabinetmakers.
The following groups of employees of the Employer may constitute
separate units or together constitute a single unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act :
(a) All production and maintenance employees of the Employer at
its Montgomery City, Missouri, plant, excluding office clerical 'em-
ployees, the cabinetmakers and their trainees, professional employees,
draftsmen, designers, watchmen, guards, and supervisors as defined
in the Act.
(b) All cabinetmakers and their trainees of the Employer at its
Montgomery City, Missouri, plant, excluding all other employees and
supervisors as defined in the Act.'
If a majority of the employees in voting group (b) select the Car-
penters, they will be taken to have indicated their desire to constitute
a separate unit and the Carpenters will be certified as bargaining repre-
sentative for such unit. In this event, the employees of voting group
(a) are found to be a separate appropriate unit and, if a majority of
the employees in voting group (a) select a union, that union will be
certified as bargaining representative for such unit. If, however, a
majority of the employees in voting group (b) do not select the
Carpenters, this group will be included in the production and main-
3 The hearing officer raised some question as to the supervisory status of Leo Murphy.
The record is clear that Murphy, at the time of the hearing, was not a supervisor, but
that the Employer plans to make him a supervisor when the plant attains its full com-
plement. Becauge his future status as a supervisor is so problematical, Murphy is included
in the unit.
TOWNE MANUFACTURING CORPORATION 1367
tenance unit and their votes shall be pooled with those in voting group
(a) and the pooled votes will be counted as provided for in American
Potash ct Chemical Corporation, 107 NLRB 1418, 1426, 1427.
[Text of Direction of Elections 4 omitted from publication.]
MEMBERS MURDOCK and BEAN took no part in the consideration of
the above Decision and Direction of Elections..
4 The AFL and CIO having merged subsequent to the hearing in this proceeding, we are
amending the identification of the affiliations of the Unions Where a union at the hear-
ing did not show any affiliation in describing itself, we are not showing any affiliation in
this Direction of Election Any union which is in fact affiliated with the AFL-CIO,
however, may have the option of having its affiliation shown or not shown on the ballot
Towne Manufacturing Corporation 1 and John F. Dillon and
Francisco Alonso, Petitioners and Watch and Jewelry Work-
ers Union, Local 147, AFL-C10.2 Case No. 2-RD-289. Decem-
ber 15, 1955
DECISION AND ORDER
Upon a decertification petition duly filed under Section 9 (c) of
the National Labor Relations Act, a hearing was held before Milton
Pravitz, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
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 Petitioners, employees of the Employer, - assert that the
Union is no longer the representative, as defined in Section 9 (a) of
the Act, of the employees designated in the petition.
The Union is a labor organization currently recognized by the
Employer as the exclusive bargaining representative of the employees
designated in the petition.
3. No question affecting commerce exists concerning the representa-
tion of the 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 Employer and Union contend that their existing contract, which
covers employees designated in the petition, is a bar to the petition.
The Petitioner contends that the contract is not a bar because it con-
tains invalid union-security provisions. The contract in question is
' The name of the Employer appears as amended at the hearing.
2The AFL and CIO having merged subsequent to the hearing in this proceeding, we are
amending the identification of the affiliation of the Union accordingly
114 NLRB No. 218.