Schick Dry Shaver Co.

National Labor Relations Board - Board Decisions

Nov 29, 1937

4 N.L.R.B. 246 (N.L.R.B. 1937)

In the Matter of SCHICK DRY SHAVER COMPANY and LODGE No. 1557,
INTERNATIONAL ASSOCIATION OF MACHINISTS
In the Matter of SCHICK DRY SHAVER COMPANY and SCHICK LOCAL
OF THE UNITED ELECTRICAL AND RADIO WORKERS OF AMERICA
Cases Nos. R-263 and R-26-1j.-Decided November 29, 1937
Electrical Appliance Manufacturing Industry-Investigation of Representa-
tives: controversy concerning representation of employees: rival organizations;
controversy as to appropriate bargaining units ; refusal by employer to bargain
with either of unions because of conflicting claims as to appropriate unit-
Units Appropriate for Collective Bargaining: (1) production employees, excluding
three craft groups ; functional coherence ; skill ; wage differentials ; (2) where
,other considerations determinative of appropriate unit are such that either of
two contentions is valid, decisive factor is the desire of the employees involved ;
determination of dependent upon results of separate elections-Election8
Ordered-Certification of Representatives.
Mr. Martin H. Selman, for the Board.
Mr. Abraham Tulin, of New York City, for the Company.
Mr. Julius Emspak, of New York City, for the United Electrical
and Radio Workers of America.
Mr. Steve Moore, of Stamford, Conn., for the Schick Local of the
United Electrical and Radio Workers of America.
Mr. A. L. Newman, of New York City, for Lodge No. 1557.
Mr. Martin Kurasch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On June 10, 1937, Lodge No. 1557 of the International Association of
Machinists, herein called Lodge No. 1557, filed with the Regional Direc-
tor for the Second Region (New York City), a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of the Schick Dry Shaver Company, Stamford, Con-
necticut, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On July 3, 1937, the Schick Local of the United Electrical and Radio
Workers of America, herein called the Schick Local, filed a similar
246
DECISIONS AND ORDERS 247
petition. On July 13, 1937, the National Labor Relations Board,
herein called the Board, issued an order consolidating the above cases
for the purpose of hearing and authorizing the Regional Director
for the Second Region to conduct an investigation and provide a
hearing in connection therewith. On August 20, 1937, an amended
petition was filed by Lodge No. 1557, which added the maintenance
employees to the unit alleged to be appropriate for purposes of
collective bargaining.
On August 19, 1937, the Regional Director issued and duly served
upon the parties, a notice 'of hearing to be held at Stamford, Con-
necticut, on August 26, 1937. Pursuant to the notice, a hearing was
held on August 26, 1937, before H. R. Korey, the Trial Examiner duly
designated by the Board. At the hearing, a motion was made and
granted to amend the original petition of Lodge No. 1557 so as to
designate as the bargaining unit alleged to be appropriate a group
of forty consisting of the tool and die makers, the general machinists
and apprentices, and the maintenance employees, comprising
plumbers, millwrights and their helpers. The Board, the Company,
the Schick Local, and Lodge No. 1557 participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues was afforded to
the parties.
The Board has reviewed the rulings of the Trial Examiner upon
the motions and objections and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE COMPANY AND ITS BUSINESS
The Company, located at Stamford, Connecticut, manufactures a
motor-driven shaving implement made pursuant to patents granted
to Colonel Jacob Schick in 1929. The Company, which employs
about 1,300 men, is the largest producer of dry shavers in the United
States.
The total purchases of the Company, made both inside and out-
side Connecticut, amount, to more than a million dollars a year.
Seventy-five per cent of the raw materials are shipped from outside
the State. All of the steel used comes from states other than Con-
necticut. The bakelite cases for the razor are bought from a com-
pany which manufactures them in New Jersey. Rubber cord is
purchased from the General Electric Company in Bridgeport,
Connecticut.
The Company advertises its product in magazines of national cir-
clllation and has a sales force of 50 scattered over the United States-
67573-38-vol. rv-17
248 NATIONAL LABOR RELATIONS BOARD
The orders are accepted at Stamford. Ninety-eight per cent of the
shavers are shipped outside the State of Connecticut. In 1936, 730,-
000 of the dry shavers were sold, resulting in a gross income of over
six million dollars.
Raw materials are shipped to the Company by railroad and motor
truck. Railroad and parcel post are used to send out the dry shavers.
II. THE ORGANIZATIONS INVOLVED
A. The Schick Local
The Schick Local, which has been in existence since January, 1937,
admits to membership the production employees of the Schick Dry
Shaver Company. It is a labor organization affiliated with the Com-
mittee for Industrial Organization.
B. Lodge No. 15j7
Lodge No. 1557 of the International Association of Machinists is a
labor organization affiliated with the American Federation of Labor,
herein called the A. F. of L. Lodge No. 1557 has jurisdiction to rep-
resent the production employees in the tool production departments
and the machinists in the maintenance department.
Lodge No. 1557 claimed that certain A. F. of L. unions have entered
into an arrangement by which it is agreed that, if in any plant the
employees in a particular craft are too few to warrant the formation
of a local of the union which normally represents those employees,
they may designate the craft union which does have a local estab-
lished in the plant to represent them for purposes of collective
bargaining.
Certain of the carpenters and the electricians, and the painter, in
the maintenance department of the company, pursuant to the ar-
rangement, signed a petition by which it appears that they desire to
have Lodge No. 1557 represent them for purposes of collective bar-
gaining.
III. THE QUESTIONS CONCERNING REPRESENTATION
In May 1937, within a day or two of each other, the Schick Local
asked the Company for recognition as the bargaining agency for the
production employees of the Company, and Lodge No. 1557 asked the
Company for recognition as the, bargaining agency for the group of
42 production employees, described in Section V below, which it
claimed constituted a unit appropriate for purposes of collective bar-
gaining. Because of the conflicting nature of the claims, the Com-
pany bargained with neither.
At the hearing it was stipulated by each of the unions that the
other union had membership in the unit claimed.
DECISIONS AND ORDERS 249
On the basis of these facts, and upon the whole record, we find
that questions have arisen concerning the representation of employees
of the Schick Dry Shaver Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION ON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring ih connection with the operations of the Company
described in Section I above, have a close, intimate and substantial
relation to trade, traffic. and commerce among the several States, and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
Lodge No. 1557 asserts that the employees in the tool production
department, of whom there are 24 on the day shift and two on the
night shift, the two tool makers who are on salary, and the employees
in the maintenance department, excluding porters and supervisory
employees, constitute a single unit appropriate for the purposes of
collective bargaining. In the maintenance department on the day
shift there are six carpenters, two electricians, one painter, and two,
machinists, and on the night shift there are one electrician, one ma-
chinist repairman, and one machinist. In all, Lodge No. 1557 is
seeking to represent 42 employees.
The Schick Local asserts that all of the non-supervisory production
employees in the plant, of whom there are approximately 1,232, in-
cluding the 42 whom Lodge No. 1557 seeks to represent, constitute.
the appropriate unit.
About 125 different manufacturing operations are necessary before
the dry shaver is completed. The raw materials go directly to the
press department, where they are cut out for the different parts that
are used for the cutter and the motor. The cutter, after it is formed
in the press department, then goes to the milling department, where,
it is milled into shape, to the hardening department, where it is tem-
pered, and to the soldering department, where the inserts are-
soldered in.
It is then slotted in the slotting department, buffed and plated,_
and then lacquered and inspected.
The parts for the motor are assembled in the motor assembly-
'department. The motor is then sent to the running room and testing
room. Finally, the completed shaver is sent to the packing and
shipping departments.
All but 67 of the employees are paid on an hourly basis. Working
conditions are generally the same for all of the employees, and the
250
NATIONAL LABOR RELATIONS BOARD
employees in the production department as a whole have oppor-
tunity to come into contact with each other and thus to discuss con-
ditions among themselves.
Because of the fact that the overwhelming number of employees
in the plant are engaged in mass production work and because of
the interrelation of the various departments of the plant, there can
be little doubt that the Board could reasonably find that the unit
claimed by the Schick Local, which represents a very substantial
percentage of the employees in the plant, is the one best suited to
insure to employees the full benefit of their right to self-organization
and to collective bargaining. Lodge No. 1557 has shown, however,
that there exists in the plant separate craft groups, which, in the
absence of conflicting claims by other unions, could be found by the
Board to constitute separate units appropriate for the purposes of
collective bargaining. A substantial number of employees in each
of the smaller groups have indicated, by signing a petition, their
desire to be represented by Lodge No. 1557. Because of the stipula-
tion by which the contending unions withdrew their request for cer-
tification, the signatures on the petition were not examined or ques-
tioned at the hearing, and hence cannot be a basis for certification.
The men in these smaller groups claimed they should be given an
opportunity to determine for themselves whether they desire to be
represented as crafts or as part of an industrial unit with the balance
of the plant. These smaller groups are (1) the machinists in the
maintenance department, together with the employees in the tool
production department and the two tool makers who are employed on
a salary basis, (2) the carpenters in the maintenance department, and
(3) the electricians in the maintenance department.
The tool makers in the tool production department are considered
skilled machinists. A long period of apprenticeship is necessary
before an employee can become a skilled tool maker. Their wages
average about 80 cents an hour, which is from 20 to 35 cents an
hour more than the average wage of the men in most of the other
departments. The two tool makers who are on salary are receiving
$75 and $57 per week.
Prior to May 1937, there had been no attempts at collective bar-
gaining in the plant. Employees had approached the management
individually, except in one instance when a group of tool makers
had succeeded in having the hours of work in the plant reduced from
48 to 45, and in having overtime work paid for at one and one-half
times the usual rate. The men in the tool production department
are sometimes faced with a special grievance caused by the Company
having tools made out of the shop, when there is not sufficient space
in the shop.
DECISIONS AND ORDERS 251
The tool makers work in a part of the ground floor separated by
a wire screen. Workers in the other departments are forbidden, by
company rules, to go into the space allotted to the tool makers. The
names of a majority of the men in the tool production department
appear on the petition.
The machinists in the maintenance department are also considered
highly skilled machinists and they also receive a rate of pay that
is much higher than that of the other production employees in the
plant. The names of two of the four machinists in the maintenance
department appear on the petition.
The names of all the carpenters in the maintenance department
appear on the petition. These carpenters receive a higher wage than
the other production employees. They are not directly engaged in
the production or the servicing of the dry shaver.
The electricians in the maintenance department also receive , a
higher wage than the other production workers and are also en-
gaged in maintenance rather than being directly concerned with
the production or servicing of the dry shaver. The names of two
of the three electricians appear on the petition.
The fact that the carpenters and electricians in the maintenance
department are also the most highly skilled in their respective trade
classification does not, in itself, warrant their being placed, for
purposes of collective bargaining, in a single unit with the tool
makers and machinists. Even if each of the smaller groups were to
choose Lodge No. 1557 to represent them, they are to be considered
as distinct units, and not as a semi-industrial unit as claimed by
Lodge No. 1557.
The selection of Lodge No. 1557 as the common representative
would not, of course, indicate a desire to abandon the craft form of
organization. On he other hand, the selection of the Schick Local,
which is organizing on an industrial basis, would indicate a choice to
become a part of a plant-wide unit. As indicated below, therefore,
the determination of the unit will depend on the outcome of the
ballot.
We will order elections to be held separately among (1) the
carpenters in the maintenance department, (2) the electricians in
the maintenance department, (3) the employees in the tool produc-
tion department, together with two tool makers on salary and the
machinists in the maintenance department, and (4) all the produc-
tion employees of the company, excluding those in supervisory
capacities and clerical workers, and excluding the carpenters, the
machinists, and the electricians, in the maintenance department, the
two tool makers on salary, and the employees in the tool production
department.
252 NATIONAL LABOR RELATIONS BOARD
Upon the outcome of the elections will depend the determination
of the appropriate unit for the purposes of collective bargaining.
Such of the first three groups as do not choose the Schick Local will
constitute separate and distinct appropriate units, and such of the
first three groups as do choose the Schick Local, will, together with
the fourth group, constitute a single appropriate unit.
There is one painter in the maintenance department. The Board
has held that the principle of collective bargaining presupposes
that there is more than one eligible person who desires to bargain,
and that the Act does not empower the Board to certify where only
one employee is involved.- The painter, therefore, cannot be con-
sidered as a bargaining unit. Nevertheless, he shall be given an
opportunity to indicate whether he desires to be part of the industrial
unit, and if he so chooses, he shall be permitted to vote in the elec-
tion held among the production employees.
CONCLUSIONS OF LAw
On the basis of the above findings of fact, the Board makes the
following conclusion of law :
A question affecting commerce has arisen concerning the repre-
sentation of employees of the Schick Dry Shaver Company, within
the meaning of Section 9 (c), and Section 2, subdivisions (6) and
(7) of the National Labor Relations Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and Regulations-Series
1, as amended, it is hereby,
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with the Schick
Dry Shaver Company, an election by secret ballot shall be conducted
within twenty (20) days from the date of this Direction, under the
direction and supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations-Series 1, as amended,
1. Among each of the following classifications of employees who
were employed by the Company during the week including June 10,
1937, to determine whether they desire to be represented by the Schick
'Matter of Luckenbach Steamship Company, Ino, and Gateman, Watckm4n, and
Miscellaneous Waterfront Workers Union, Local 38-1t4; Internatuonal Longshoremen's
Association, Cases Nos . R-41-60, October 30, 1936, 2 N. L. R . B. 181, 193.
DECISIONS AND ORDERS 253
Local of the United Electrical and Radio Workers of America, affili-
ated with the Committee for Industrial Organization, or by Lodge
No. 1557 of the International Association of Machinists, affiliated
with the American Federation of Labor, for the purposes of collec-
tive bargaining, or by neither :
(a) The carpenters in the maintenance department, excluding
those in supervisory positions;
(b) The electricians in the maintenance department, excluding
those in supervisory positions;
(c) The employees in the tool production department of the Com-
pany who are in non-supervisory capacities, together with the two
tool makers who are on salary, and the machinists in the maintenance
department;
2. Among all of the production employees of the Company who
were employed during the week including June 10, 1937, excluding
those in supervisory capacities and clerical workers and excluding
'the carpenters, the, electricians, and the machinists, in the mainte-
nance department, the two tool makers on salary, and the employees
in the tool production department, to determine whether or not
they desire to be represented by the Schick Local of the United
Electrical and Radio Workers of America, affiliated with the Com-
mittee for Industrial Organization, for the purposes of collective
bargaining. The Regional Director shall provide the painter with
an opportunity to vote with this group of employees if he so desires.
MR. DONALD WAKEFIELD SMITH, concurring :
I concur in the opinion of Chairman Madden. However, I believe
that in the future the Board should hold a petition such as that filed
in the instant case to be deficient. Although such deficiency is ex-
,cusable in the present situation, for the reasons hereinafter stated,
the opinion does not sufficiently indicate the practice which should
prevail.
Lodge No. 1557 of the International Association of Machinists
-filed a petition claiming that all of the employees in the maintenance
department including machinists, carpenters and electricians, and
excluding porters and supervisory employees, constituted a single
unit appropriate for purposes of collective bargaining. It was
'claimed by Lodge No. 1557 that, by agreement between various craft
unions affiliated with the American Federation of Labor, if in any
plant, the employees in a particular craft group are too few to
-warrant the formation of a Local of the Union which normally rep-
resents these employees, they may designate a craft union which
does have a Local established in the plant, to represent them for
purposes of collective bargaining. By logical interpretation, such
arrangement was apparently meant to cover representation by one
254 NATIONAL LABOR RELATIONS BOARD
craft union in a plant of the ' employees in other craft groups in
such plant, who were members of their respective craft unions, as
one union could delegate to another the authority to represent only
those who were members of the former union. It does not appear in
the instant case that the employees in the various craft groups, other
than the machinists, were members of Lodge No. 1557 or of their
respective craft unions, nor does it appear that they Were eligible
for membership in Lodge No. 1557.
If the petition of Lodge No. 1557 Were to be literally construed,
the machinists, carpenters and electricians in the maintenance de-
partment would, together, constitute a single semi-industrial unit
for purposes of collective bargaining, and we should reject it, at
least so far as the carpenters and electricians named in the petition
are concerned. While there can be no objection to an attempt by the
employees in several distinct craft units to select a common repre-
sentative, the petitions filed in such case should indicate clearly that,
the representative which they desire is to represent each unit sep-
arately as such, and a separate petition for each unit should be filed.
Under such circumstances, the selection of a common representative
by a majority of each of the respective craft groups, would not indi-
cate a desire to abandon the craft form of organization. The prac-
tice of filing separate petitions would assist the Board in determining
the appropriate unit and would be consistent with the provisions of
Section 9 of the Act and Article III, Section 1, of the Rules and
Regulations.
Because the Board has not previously stated the requirement that
separate petitions be filed for each craft group, either by any of
the employees within such group or a representative acting on their
behalf, I believe that the petition in the present instance should be
considered proper. Similar petitions filed hereafter should, how-
ever, be considered deficient.
MR. EDWIN S. SMITH, dissenting :
My reasons for the present dissent are in substance those which
were stated by me In the Matter of Allis-Chalmers Manufacturing
Company and International Union, United Automobile Wo7kers of
America, Local 248, Case No. R-215, November 20, 1937.1
The majority decision points out that "the overwhelming number
of employees in the plant are engaged in mass-production work."
It also points out that a "very substantial percentage of the em-
ployees" have joined the Schick Local. By so doing, these employees
demonstrated their faith in an industrial unit as the structural frame-
work on which a program of collective bargaining in this mass-pro-
14 N. L. R. B. 159.
DECISIONS AND ORDERS 255
eduction plant can be most firmly based to the advantage of all of the
employees as a body.
I should find the appropriate unit here to be the non-supervisory
maintenance and production employees in the plant and, on this
basis, would order an election simply to determine whether a ma-
jority of these employees desire to be represented by the Schick Local.
,SAME TrTLE]
AMENDMENT TO DECISION
AND
DIRECTION OF ELECTIONS
December,15, 1937
On November 29, 1937, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections
in the above-entitled case. The Direction of Elections provided that
elections by secret ballot be conducted within twenty days among
three groups of employees of the Schick Dry Shaver Company, to
determine whether they desired to be represented by the Schick Local
of the United Electrical and Radio Workers of America, affiliated
with the Committee for Industrial Organization, or by Lodge No,
1557 of the International Association of Machinists, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining, or by neither, and among one group of employees of the
Schick Dry Shaver Company to determine whether or not they
desired to be represented by the Schick Local of the United Elec-
trical and Radio Workers of America, affiliated with the Committee
for Industrial Organization, for the purposes of collective
bargaining.
On December 6, 1937, the United Electrical and Radio Workers of
America requested that its name be withdrawn from the ballot in all
of the elections. Upon consideration of the petition, the Board
believes that the Direction of Elections should be amended to provide
that the employees in the first three groups mentioned will vote
merely upon whether or not they desire to be represented by Lodge
No. 1557 of the International Association of Machinists, affiliated
with the American Federation of Labor, and that no election will be
held among the employees in the fourth group. We will amend our
Decision to conform to this change in the Direction of Elections.
Therefore, the Decision in the above-entitled case issued on
November 29, 1937, is amended by striking therefrom the 15th, 16th,
17th and 18th paragraphs of the Findings of Fact, Section V, and
substituting therefor the following :
0
256 NATIONAL LABOR RELATIONS BOARD
We will order elections to be held separately among (1) the
carpenters in the maintenance department, (2) the electricians
in the maintenance department, and (3) the employees in the
tool production department, together with the two tool' makers
on salary, and the machinists in the maintenance department.
Since the request by the Schick Local for an investigation and
certification of representatives has now been withdrawn, it will
be necessary to make a finding as to appropriate unit only as to,
those of the groups which choose to be represented by Lodge No.
1557. Such of the groups as choose to be represented by Lodge
No. 1557 of the International Association of Machinists will
constitute separate and distinct units.
The Direction of Elections is hereby amended by striking there-
from the paragraphs numbered 1 and 2 and substituting therefor the
following :
Among each of the following classifications of employees who
were employed by the Company during the week including June
10, 1937, excepting those who have voluntarily quit or have been
discharged for cause, to determine whether or not they desire
to be represented by Local No. 1557 of the International Associa-
tion of Machinists, affiliated with the American Federation of
Labor, for the purposes of collective bargaining:
(a) The carpenters in the maintenance department, excluding
those in supervisory positions;
(b) The electricians in the maintenance department, excluding
those in supervisory positions;
(c) The employees in the tool production department of the
Company who are in non-supervisory capacities, together with
the two tool makers who are on salary, and the machinists in the
maintenance department.
Signed at Washington, D. C., this 15th day of December, 1937.
Mr. Donald Wakefield Smith took no part in the consideration of
the above Amendment to Decision and Direction of Election.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
January 14, 1938-
On November 29, 1937, the National Labor Relations Board, herein,
called the Board, issued a Decision and Direction of Elections in
the above entitled case. On December 15, 1937, the Board issued any
amendment to the Decision and Direction of Elections. The Direc-
DECISIONS AND ORDERS 257
tion of Elections, as amended, directed that elections be held among
each of the following classifications of employees who were employed
by the Company during the week including June 10, 1937, excepting
those who had voluntarily quit or had been discharged for cause, to
determine whether or not they desired to be represented by Local No.
1557, of the International Association of Machinists, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining :
(a) The carpenters in the maintenance department, excluding
those in supervisory positions;
(b) The electricians in the maintenance department, excluding,
those in supervisory positions;
(c) The employees in the tool production department of the
Company who are in non-supervisory capacities, together
with the two tool makers who are on salary, and the.
machinists in the maintenance department.
Pursuant to these Decisions and Directions of Elections, elections
by secret ballot were conducted on December 28, 1937, under the
direction and supervision of Elinore M. Herrick, the Regional Di-
rector for the Second Region (New York City) among each of the
above-mentioned classifications of employees.
On December 29, 1937, the said Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 1, as amended, issued and duly served upon
the parties an Intermediate Report on the elections. No objections
or exceptions to the Intermediate Report have been filed by any of
the parties.
As to the balloting and its results, the Regional Director reported
as follows :
(b)
Pllectri-
(a) Carpenters cians
(c) Tool
production
employees
Total Eligible to Vote-------------------- 6 3 33
Total No. of Ballots counted-------------- 5 3 31
Total in favor of Lodge No 1557, Interna-
tional Association of Machinists, A. F.
of L---------------------------------- 5 3 26
Total against afore-mentioned union------ 0 0 5
Total No. Blank Votes------------------- 0 0 0
Total No. of Void Ballots---------------- 0 0 0
Total No. of Challenged Votes----------- 0 0 0
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series
1-as amended,
258 NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY CERTIFIED that Lodge No. 1557 , International Associa-
tion of Machinists, has been selected by a majority of the employees
in each of the following classifications :
(a) The carpenters in the maintenance department, excluding
those in supervisory positions;
(b) The electricians in the maintenance department, excluding
those in supervisory positions;
(c) The employees in the tool production department of the
Company who are in non-supervisory capacities, together
with the two tool makers who are on salary, and the ma-
chinists in the maintenance department,
as their representative for the purposes of collective bargaining and
that, pursuant to Section 9 (a) of the Act, Lodge No. 1557, Interna-
tional Association of Machinists, is the exclusive representative of all
the employees in each of the above-named classifications for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.