78 N.L.R.B. 402 (N.L.R.B. 1948)

Sheffield Iron and Steel Co.

National Labor Relations Board - Board DecisionsJul 19, 1948

78 N.L.R.B. 402 (N.L.R.B. 1948)

In the Matter Of SHEFFIELD IRON AND STEEL COMPANY, EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER In the Matter of SHEFFIELD IRON AND STEEL COMPANY, EMPLOYER and INTERNATIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA, AFL, PETITIONER Cases Nos. 10-RC-7 and 10-RC-78, respectively SUPPLEMENTAL DECISION AND ORDER July 19, 1948 On May 28, 1948, the Board issued its Decision and Direction of Election 1 in the above-entitled proceeding, directing that an election by secret ballot be conducted among the employees of the Employer in the appropriate unit described therein.2 Thereafter, on June 3, 1948, the IAM filed a motion for reconsidera- tion alleging, in substance, that the Board's decision is not accurate and failed to give proper weight to the evidence contained in the record in Case No. 10-RC-7; it asserts further that at the very least, a "Globe" election should be held in the unit requested in its petition. The IAM also requested that oral argument be held before the Board in connec- tion with this motion. In its determination of the appropriate unit, the Board was not unmindful of the record in Case No. 10-RC-7, and due regard was given to the evidence contained therein; the Board's ultimate finding, however, is based upon the entire record in this proceeding including the evidence in Case No. 10-RC-78.3 1 77 N. L. R. B., 998. 2 Separate petitions were filed by the International Association of Machinists , herein called the IAM, and the International Molders and Foundry Workers Union of North America, herein called the Molders, and two hearings were held in this case. The Board rejected the respective contentions of the IAM and the Molders for two separate bargaining units and found instead, an over-all plant-wide unit. "The first hearing on the IAM's petition was held in November 1947, approximately 4 months after .the Employer purchased the plant, and the consolidated hearing on the IAM's and Molder 's petitions was held 8 months after the Employer took over the plant. 78 N. L. It. B., No. 47. 402 SHEFFIELD IRON AND STEEL COMPANY 403 The record shows that the unit proposed by the IAM embraces approximately 10 employees, viz, 4 machinists, 1 electrician, 1 welder, 1 oiler, 1 carpenter's helper, and 2 lathe operators in the finishing department. Of the four machinists, one works exclusively in the machine shop, and one is at present doing production work ; although the remaining two machinists spend most of their time doing maintenance work, they are called upon to do production work. The electrician in addition to his usual duties as electrician also works as a mechanic and assists the maintenance men in taking down various machines. He does not do any production work. The welder, although classified as a maintenance man, is performing production work as a pole-patcher, on a permanent basis. In con- nection with this production work, he does acetylene welding and some spot welding. The oiler performs the usual work incidental to this job. However, he is also called upon to do production work such as "pouring off" or to assist in moving castings, and spends about 2 hours a day in such work. The carpenter's helper ordinarily performs maintenance carpentry work. Like the oiler, however, he is also used in the "pouring off" process; he has also been used in the finishing department painting- parts. He spends generally about 2 hours daily in production work. The two lathe operators are classified as production employees in the finishing department. The duties of these employees consist of- boring out lighting standard holes; this work is purely a mechanical operation inasmuch as all adjustments and tools are set in advance- and merely requires the operator to start the lathe and turn on the- automatic feed. One of these lathe operators, when not working on the lathe, does grinding, drilling, and tapping on production work in the finishing department. The record discloses that all the foregoing employees, except the two lathe operators, are under the same supervision as the employees in the molding department, a production department; and all production and maintenance employees in the plant are hourly rated and have the same working hours. Upon the basis of the foregoing facts, in addition to the matters. set forth in the original Decision herein, and upon the entire record in the case, we find no reason for departing from the original unit 404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD determination herein. Accordingly we shall deny the motion for re- consideration 4 ORDER IT IS HEREBY ORDERED that the motion for reconsideration , filed by the International Association of Machinists, be, and it hereby is, denied. 4 We also deny the request for oral argument inasmuch as the record and pleadings enable us to dispose of the matters in question.