Sargent & Co.Download PDFNational Labor Relations Board - Board DecisionsAug 31, 195195 N.L.R.B. 1515 (N.L.R.B. 1951) Copy Citation SARGENT & COMPANY 1515. ,SARGENT & COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL LODGE 1990, AFL, PETITIONER. Case No. I-RC-2231. August $1, 1951 Decision and Direction of Elections Upona petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Sidney A. Coven, 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 this case to a three- -member panel [Members Houston, Reynolds, and Styles]. 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 labor organizations involved claim to represent the employees of the Employer? 3. We find that 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.2 4. The Petitioner seeks a unit consisting of all tool and die makers and machinists, their helpers and apprentices, excluding executives, office and clerical employees, guards, professional employees, and supervisors as defined in the Act.' In the alternative; the Petitioner 'is willing to accept any: variation of the requested unit which the Board may find to be appropriate. The Employer and the Intervenor contend that the unit sought by the Petitioner is inappropriate be- cause of a history. of bargaining on a plant-wide basis since 1942,4be- cause of the geographic separation of the employees in the requested unit, and because the proposed unit does not include all employees of comparable skill in the plant .5 Local 243, United Electrical , Radio and Machine workers was permitted to intervene at the hearing. 2 The Employer and Intervenor urge a bar , to this proceeding a contract executed by them on July 25, 1950 , covering the Employer's production and maintenance employees.. However, we find no merit in this contention, as the instant petition was filed before the automatic renewal date of the contract. 2 At the hearing , the Petitioner stated in clarification of its position that it considered the following employees to be included in the categories of employees which it seeks to. represent : Tool makers , die makers , cutter makers , cutter grinders , die repair employees,. experimental machinists (also known as model makers or research mechanics), tool inspectors , machinists , metal pattern makers, the tool heat treater , and the tool crib, attendant. ' In 1942, the Board in 38 NLRB 127 certified the Intervenor as the collective bargain- ing representative for a unit of production , maintenance, and foundry employees of the Employer. The Employer further opposed any craft severance becauseof -the integrated nature. of its operations , relying on the Board 's decision in National Tube Company , 76 NLRB. 1199. We find no merit in this contention . The record does not reveal any such high 95 NLRB No. 211. '1516 DECISIONS OF NATIONAL LABOR RELATIONS 13OARD The Employer is engaged at its New Haven, Connecticut, plant in the manufacture of locks, builders' hardware, and hand tools. '. Its operations are carried on in a number of buildings, all connected by overrhead bridges, and in another plant several blocks away called the Schollhorn Division.6 The employees involved herein are located generally in the Tool and Maintenance Division, the Schollhorn Division, the Specialties Division, and the Contract Division. Tool makers. There are 14 tool makers in the toolroom department who are engaged in making and repairing tools, jigs, and fixtures. This department is on the second floor of Building A in the tool and maintenance division, and the toolroom employees are under the immediate supervision of the assistant foreman of the department, who reports to the tool department foreman. The tool department foreman also supervises, the; die room,.die repair, room, heat treating, and tool grinding departments. The toolroom department occupies about 30 percent of the second floor, and is separated from the rest of the floor by a wall with an open door. There are no production em- ployees on this floor. While most of their time is spent in the tool- room, on occasion these tool makers go. out into production areas; however, they remain under the supervision of their own foreman at all times. There is also a tool maker in the machining department located on the fourth floor of Building S who is under the immediate supervision of the foreman of that department who reports to the superintendent of the contract division. There are 2 tool makers in the machine shop located in the basement of Building X who.are under the immediate supervision of the foreman of the machine shop who reports to the foreman of the plant engineering department of the tool and maintenance division. In addition, there are 4 tool makers in the toolroom department of the Schollhorn division located in Schollhorn No. 2, who are under the immediate supervision of the fore- man of that department who reports to the superintendent of the Schollhorn division. Die Makers. There are. about 15.die makers located on the third floor of Building A of the tool and maintenance division who are engaged in making new dies. They are under the immediate super- vision of the assistant foreman of the die room department who reports to the tool department foreman. In addition, die makers are located in Building V in the iron foundry department under the immediate supervision of the foreman of that department, who reports to the superintendent of the Specialties Division. degree of integration as we found existed in the basic steel Industry . See also Worthy Paper Company Ass'n, 80 NLRB 19; Cf. Monsanto Chemical Company, 78 NLRB 1249. The parties agreed that the Schollhorn Division constitutes a part of the appropriate unit. Moreover , the Board , In an earlier case involving the Employer , 78 NLRB 918, found a separate unit of employees of this division inappropriate. SARGENT & COMPANY 1517 Die repair employees. These employees are engaged in the repair- 'lug of dies, and are located in the basement of Building M in the die repair department. They are under the immediate-"supervision' of the foreman of that department, who reports to the tool department fore- man in the tool and maintenance division. Cutter.makers. These employees are engaged in making various types of milling cutters and mills, cutting tools, and scrapers. They are located on the third floor of Building A in the tool grinding and cutter making department, which is at the opposite end of the floor =from the die makers. The cutter makers are under the immediate :supervision of an assistant foreman, who reports to the tool depart- .ment foreman in the tool and maintenance division. Cutter grinders. These employees are engaged in the grinding of various kinds of cutters, tool parts, punches, .and- form tools;=and their -work requires grinding to close tolerances. Cutter grinders are located on the third floor of Building A in the tool grinding and cutter making department, and are under the supervision of the fore- man of that department, who reports to the tool department foreman. 'They work in the same area as the die makers, punch the same time -clock, and use the same washrooms. The record establishes that a period of about 2 years is required in order to become a competent cutter grinder. Machinists. Some of the machinists are located in Building V in the iron foundry department of, the specialties division under the immediate supervision of the foreman of that department, who re- ports to the superintendent of the specialties division. Other machinists are in Schollhorn No. 2 in the toolroom department under the immediate supervision of the foreman of that department, who reports to the superintendent of the Schollhorn Division. The machinists are, engaged in installing and -maintaining complicated machine tools, performing difficult machining operations on replace- ment parts, and the skilled fitting of bearings and spindles. There are some maintenance machinists who work in the machine shop in the basement of Building X under the. immediate supervision of -a foreman, who reports to the foreman of the plant engineering department of the tool and maintenance division. The duties of the maintenance machinists include installing and maintaining ordi- nary engine lathes and milling machinery, performing difficult ma- chining operations on replacement parts, and the skilled fitting of bearings and spindles. All the foregoing categories of employees possess, and in their work exercise, 'a high degree of craft skill.' Under the circum- a The Employer maintains an apprentice program for tool and die makers, which requires 8,000 hours of training in the work of the toolroom, the machine room, the die repair room , and in cutter making, "cutter grinding , and heat treating . The Employer does not dispute the craft status of these categories. 1518 DECISIONS OF NATIONAL LABOR RELATIONS BOARD stances, we do not believe that the fact that the employees involved have separate locations and separate immediate supervision destroys their identity. as a craft giroup.8 They may, if they so .desire,, consti- tute a separate appropriate unit, notwithstanding a history of col- lective bargaining on a plant-wide basis.9 There remains for consideration the unit placement of the follow- ing classifications, as to which special issues are presented : . Tool inspectors. There are three tool inspectors located on the third floor of Building A, who are under the supervision of the superintendent of the tool and maintenance division. They are classi- fied as tool makers, and formerly worked as tool makers. They pass on the quality of work done by tool and die makers, cutter makers, .and cutter grinders, and are presently included in the production and maintenance unit. Their work involves the use of precise measuring instruments. The Employer contends that the tool inspectors should be excluded from the unit because they act for management and their inclusion in the proposed unit would produce a conflict of loyalty. However, we do not believe that this is sufficient reason to warrant their exclusion 10 We will therefore include them in the voting group set forth below. .Research mechanics. These employees are located on the fourth floor of Building X in the production engineering department. They make-models, work from blueprints, and use various types of machine tools, and assist in the development of new products or changes in .present products. The Employer contends that the research me- chanics should be. excluded as -confidential employees because they have access to the Employer's trade secrets. , We have heretofore held that research mechanics who have access to trade secrets, but who do not assist in labor relations matters, are not confidential employees incapable of inclusion in a bargaining unit.- We will include them.12 Tool crib attendant. This employee is located on the second floor of Building A, adjacent to the toolroom, and is under the same super- vision as the tool makers. He keeps the tools in proper condition and supplies them to the tool makers as needed. As he works 'in close association with, and under the same supervision as, the skilled toolroom employees, we will include him in the voting groupl$ Tool heat treater. This employee is located in Building I in the heat treating department and is under the supervision of the toolroom foreman. He heat treats the tools and dies used by the tool and die makers, and works under the same supervision as the too]. and die 8 A. C. Spark Plug Division, General Motors Corporation, 88 NLRB 1214. 0 Saco Lowell Shops, 94 NLRB 647; International Harvester Company, 87 NLRB 1101. 10 See Clayton . Mark & Company, 76 NLRB 230. 11 International Harvester Company, 82 NLRB 185. 12 Saco Lowell Shops, supra. 13 Signode Steel Strapping Company, 83 NLRB 184. SARGENT' & COMPANY 1519 makers. As his interests appear to be morecl'osely allied with the tool and die makers than-with the production and !maintenance employees, we will include him in the voting group:14 Metal patternmakers15 These employees are located on the second floor of Building M, where they work under the- supervision of a fore- man, who reports to thesuperintendeiit of'the tool and maintenance division. Other metal patternmakersare located in Building V in the iron foundry department under the supervision of a foreman, who reports to the superintendent of the specialties division. They are ,engaged. in the making of metal patterns, and most- of their time is spent working in the foundry. The Employer maintains. a separate apprenticeship program for patternmakers. It' appears from the record that the skills exercised by patternmakers are different from those exercised by tool and die makers. The -Board has frequently held that. patternmakers constitute a distinct craft group16 Accord- ingly, it would not be- consistent with established Board practice to include them in the same voting group with the tool and die makers.' However, we find that the metal patternmakers ma-y; if'they so desire, constitute a. separate appropriate unit for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act.18 Millwrights. The Employer:. contends that the proposed unit is inappropriate for the reason, among others, that it fails to include the millwrights. It appears from the record that the millwrights install and' maintain machinery. 'We find that they exercise craft skill silnilar.to that of the machinists. We will include them. We shall direct that separate elections by secret ballot be held among the., employees in the Employer's. New Haven, Connecticut, plant within the following voting groups, excluding executives,, office and clerical employees, guards, professional employees, and supervisors as defined in the Act (1) All tool makers, die makers, cutter makers, cutter grinders, die repair employees, tool inspectors, research mechanics, machinists, the tool heat treater, tool crib attendant, millwrights, and their help-, ers and apprentices, but excluding setup men,19 and all metal pattern- makers.20 A. C. Spark Plug Division, General Motors Corporation, supra; The John Deere Dubuque Tractor Works, 77 NLRB 1424. 16 There are no^wood patternmakers. employed at the plant. 1° Dow Chemical Coanpan'y, 77'NLRB' 328 ; 7L-P t C Valve Division and 'Reading Steel ,Casting Division of the American Chain and Cable Company, Inc., 94 NLRB 1023, and cases cited therein. United States Time Corporation, 86 NLRB 724; Inland Empire Paper Company, 80 NLRB 749. 18 J. I. Case Company, 80 NLRB 217. 19 we shall, in accordance with the agreement of the parties, exclude the setup men from the voting groups. 20 As the Petitioner has made an adequate showing of interest among the employees in each of the voting groups set forth above, we shall direct elections in these groups. If, however, the Petitioner does not wish to participate in an election at this time, it 1520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (2) All-metal patternmakers and their helpers and apprentices. We shall make no final unit determinations at this time, but shall first ascertain the desires of the employees as expressed in the elections herein directed. If, in these. elections, a majority of the employees in either voting group vote for the Petitioner, they will be taken to have indicated their desire to constitute a separate bargaining unit.. [Text of Direction of Elections omitted from publication in this volume.] may withdraw its petition filed in this proceeding upon notice to that effect to the Regional Director within 10 days from the date of this Direction of Elections. El M.undo, 93 NLRB No. 12*. . STEVE AND WALTER JELLISH, CO-PARTNERS, D/B/A ASHLAND BODY WORKS and INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL, PETITIONER. Case No. 18-RC-1056. August 31,1951 Supplemental Decision and Certification of Representatives Pursuant to a Decision and Direction of Election 1 issued on June 28, 1951, in the above-entitled-matter, an election by secret ballot was conducted,on July,18,.1951, .under the direction and supervision of the Regional Director for the Eighteenth Region. At the conclusion of the election, the parties were furnished with a Tally of Ballots, which shows that, of approximately 10-14 eligible voters, 10 cast bal- lots, of which 6 were. for, and 3 against, the Petitioner, and 1 was challenged. On July 25, 1951, the Employer filed objections to the election, alleging that (1) the Board erroneously asserted jurisdiction of the Employer, (2) the Board improperly refused three brothers of the Employer-partners permission to vote, and (3) the ballot of George McBridge was improperly challenged by the Petitioner at the election. Thereafter, the Regional Director investigated the objections and, 'on August 1, 1951, issued and duly served upon the parties a Report on Objections, in which he found that the-said objections did not raise substantial or material issues with respect to the election and recom- mended that they be overruled. The Employer then filed exceptions to the Regional Director's disposition of its first two objections. The Employer, a partnership , sells automobiles, trucks, and farm equipment under franchises from their manufacturers. During 1950, it made purchases of approximately $500,000, of which about $367,761, represented shipments to its place of business in Wisconsin from ' Unpublished. 95 NLRB No. 202. ' . Copy with citationCopy as parenthetical citation