The Martin-Marietta Corp.

National Labor Relations Board - Board Decisions

Dec 21, 1966

162 N.L.R.B. 319 (N.L.R.B. 1966)

THE MARTIN COMPANY 319
The Martin Company, a Division of the Martin-Marietta Corpora-
tion and International Union, United Automobile, Aerospace
and Agricultural Implement Workers of America (UAW),
AFL-CIO, Petitioner. Case 27-RC-293/.. Decembert1, 1966
DECISION ON REVIEW AND DIRECTION OF ELECTION
On April 18, 1966, the Regional Director for Region 27 issued a
Decision and Order in the above-entitled proceeding in which he
found, inter alia, that the technicians sought to be represented by the
Petitioner have an overriding community of interest with other
unrepresented technicians, and he dismissed the petition. Thereafter,
the Petitioner filed a timely request for review of the Regional
Director's Decision on the ground that he departed from established
Board policy. The Employer filed opposition.
On June 13, 1966, the National Labor Relations Board by tele-
graphic Order granted the request for review. Thereafter the Em-
ployer filed a motion to vacate the Order granting the request for
review, a request for oral argument, and a brief on.review.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act; as amended, the Board has delegated its powers in
connection with this case to a three-member panel [Chairman McCul-
loch and Members Fanning and Brown].
The Board has reviewed the entire record in this case, including the
briefs of the parties, and makes the following findings : 1
As found by the Regional Director, the Employer is engaged in
the development and production of missile aircraft and electronic
gear at facilities in Baltimore, Maryland; Orlando, Florida; and
Denver, Colorado. A master agreement between the Employer and
the Petitioner covers generally the production, maintenance, and
cafeteria employees at all three facilities. This contract excludes from
its coverage, inter alia, "... engineering employees, laboratory, tool
engineering employees ..." None of the employees involved herein
are covered by the contract. The Petitioner seeks to represent "All
technicians in the secondary standards laboratory located in the
Vertical Test Facilities, Denver Division, engaged in the develop-
ment, modification, calibration, and maintenance of electronic instru-
ments and equipment." The Petitioner alternatively proposes that
these employees be included in its existing production and mainte-
nance unit by way of a unit clarification,' that they be permitted to vote
1 As the record , including the briefs of the parties , adequately presents the issues and
the positions of the parties, the request for oral argument is hereby denied . For the reasons
expressed herein, the Employer's motion to vacate the Order granting the request for
review is hereby denied.
3 For the reasons given by the Regional Director, we reject the Petitioner's first alterna-
tive request.
162 NLRB No. 20.
320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as a separate group on the question of whether they wish to be added
to the existing production and maintenance unit, or that they be
found to constitute a separate departmental unit. The Employer
asserts that the appropriate unit should include all technicians in the
Employer's entire operation, or alternatively, at the very least, all
technicians in the Denver Division.
The Denver Division employs approximately 200 technicians in
various classifications in 44 laboratories. Of these, approximately 145
work in the research and engineering department. In addition, ap-
proximately 22 technicians are employed in two laboratories attached
to the manufacturing department : the advanced manufacturing tech-
nology laboratory, which performs development work; and the
manufacturing test tooling laboratory which is located on the second
floor of the main plant and "measures all of the assembly, develop-
ment, and manufacture of test tooling." Another six technicians are
employed in two laboratories attached to the quality department :
the primary standards laboratory, one of the functions of which is
to calibrate instruments used by the Employer; 3 and the quality
laboratory, which is located on the first floor of the main plant, and
which performs failure analyses and material testing. The remain-
ing 27 technicians work in the secondary standards laboratory in the
systems test and support department.
The requested technicians in the secondary standards laboratory
perform scheduled and nonscheduled calibrations and repairs on
various instruments used at the Denver facilities.4 The calibrations
done by this laboratory differ from those done by the primary stand-
ards laboratory in that the performance of instruments is compared
with the standards and specifications set by the Employer for produc-
tion and other operational purposes and, where measurements are
involved, do not require work to such close tolerances. The work is
3 Calibration is defined in the record as measurement of instruments against known or
established standards and adjustment to those standards . The main function of the primary
standards laboratory , which has nine employees, Including two technicians , is to establish
at the Employer ' s Denver facilities primary standards by comparing all measurement ele-
ments utilized in its operations with the National Bureau of Standards ' elements . For this
reason , the primary standards laboratory calibrates to extremely fine tolerances.
4 The secondary standards laboratory presently performs, in whole or in part, certain
functions formerly performed by various other groups : i e , engineering calibration, manu-
facturing tooling calibration , the ground support equipment calibration , instrumentation
repair service , and customer repair service. In 1956 engineering calibration and manufac-
turing tooling calibration were performed by separate laboratories. In 1958 these labora-
tories merged and became the secondary standards laboratory, under the quality department
The ground support equipment laboratory was then set up as a separate group and placed
under the quality department . In 1960 the secondary standards laboratory was transferred
to the manufacturing department , and the ground support equipment laboratory discon-
tinued as a separate laboratory In 1962 the secondary standards laboratory was placed
under the systems test and support department, and in 1965 the instrumentation repair
service was added to it.
THE MARTIN COMPANY 321
done in the laboratory area when practicable ; otherwise, at the nor-
mal location of the instrument. The secondary standards technicians
divide their time about equally between calibration and repair..
Scheduled calibrations are performed according to a checklist. Non-
scheduled calibrations and repairs are performed on request. Slightly
more than half the instruments calibrated are utilized in departments
employing substantial numbers of represented employees.5 As indi-
cated in their job descriptions, employees represented as part of the
existing unit, including 50 test mechanics-A in the systems test and
support department and an unspecified number of electronics repair-
men also, as part of their regular duties, calibrate and repair instru-
ments to the extent of their technical competence.e At times such
unit employees work on instruments or devices in conjunction with
the secondary standards laboratory technicians. Half the secondary
standards technicians are in a labor grade one level above, but half
are in grades one or more levels below, the represented test
mechanics-A and electronic repairmen-A.
The secondary standards laboratory is located in a separate
enclosed area in a building which houses other operations of systems
test and support, as well as various other laboratories. Working with
the 27 technicians in the laboratory are a stock clerk and an expedi-
ter who are covered by the Petitioner's existing contract.' The
secondary standards laboratory is under the separate supervision of
it director and two immediate supervisors. The bulk of the techni-
cians in secondary standards were hired specifically for work in that
laboratory. In recent years the complement of secondary standards
laboratory employees has contracted to one third its former size, and
of those technicians who did not leave the employ of the Denver
Division, about half were permanently transferred to other labora-
tories. Although there was testimony that loaning of technicians
among the various laboratories is an everyday occurrence, there was
affirmative evidence only of 20 temporary transfers into or out of
the secondary standards laboratory since 1961.
The foregoing facts demonstrate a substantial degree of integration
of the duties of technicians in the secondary standards laboratory
5 Represented employees are located among the manufacturing , quality, materiel, and
systems test and support departments. From time to time, the parties have , by agreement,
added groups of employees to the existing unit.
Likewise , employees in laboratories within the research and engineering department, on
occasion , make calibrations and repairs on their own instruments.
7 Also attached to this laboratory for administrative purposes , but performing their.
duties elsewhere , are a meteorologist , an instrumentation photographer, and a propellant
handler. The last is also included in the Petitioner 's contract unit. There are no profess
slonal employees in the secondary standards laboratory.
264-047-67-vol . 162-22
322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with the duties of production and maintenance employees. We con-
clude, therefore, that the community of interest which they have
with production and maintenance employees is sufficient to justify
their addition to the unit currently represented by the Petitioner.8
We further conclude, contrary to the Regional Director, that these
technicians, because of their specialized functions and their separate
supervision and location, are an identifiable group with distinct
interests and that they constitute an appropriate voting group apart
from other unrepresented technicians.s
Accordingly, we find that a question affecting commerce exists
concerning the representation of certain employees of the Employer
within the meaning of Sections 9(c) (1) and 2(6) and (7) of the
Act, and that the following employees of the Employer may appro-
priately be included in the existing production and maintenance unit
represented by Petitioner if a majority of them so desire:
All technicians employed in the secondary standards laboratory
of the systems test and support department at the Employer's Den-
ver, Colorado, facilities, excluding all other employees, professional
employees, watchmen, guards, and supervisors as defined in the Act.
If a majority of the employees in the voting group cast their bal-
lots for Petitioner, they will be taken to have indicated their desire
to constitute a part of the existing unit represented by the Petitioner,
and the Petitioner may bargain for such employees as part of that
unit. If a majority of them vote against the Petitioner, they will be
taken to have indicated their desire to remain unrepresented, and
the Regional Director will issue a certification of results of election
to that effect.
[Text of Direction of Election omitted from publication.]"
6 See The Sheffield Corporation, 134 NLRB 1101.
9 See Great Lakes Pipe Line Company, 92 NLRB 583 , 584; see also Douglas Aircraft Com-
pany, Inc ., 157 NLRB 791, Federal Electric Corporation, Western Test Range, 157 NLRB
1130. The Bendix Corporation, 150 NLRB 718, relied upon by the Regional Director, is,
in our opinion , distinguishable on its facts.
We need not , and do not , reach the issues of whether the secondary standards labora-
tory technicians may constitute a separate appropriate departmental unit, or of whether
other groups of technicians , such as those in the advanced manufacturing technology, man-
ufacturing test tooling, quality and primary standards laboratories , also share a substan-
tial community of interest with the represented employees . The record herein does not
reveal that any of these groups share so substantial a community of interest with the
secondary standards technicians as to require their inclusion in the voting group herein
found appropriate.
10 An election eligibility list, containing the names and addresses of all the eligible voters,
must be filed by the Employer with the Regional Director for Region 27 within 7 days
after the date of this Decision and Direction of Election. The Regional Director shall make
the list available to all parties to the election . No extension of time to file this list shall
be granted by the Regional Director except in extraordinary circumstances . Failure to com-
ply with this requirement shall be grounds for setting aside the election whenever proper
objections are filed. Excelsior Underwear Inc., 156 NLRB 1236. -