The Purdy Co.

National Labor Relations Board - Board Decisions

Jun 10, 1959

123 N.L.R.B. 1630 (N.L.R.B. 1959)

1630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Purdy Company and International Union of Operating
Engineers , Stationary Local 149, AFL-CIO and Local 1765,
International Brotherhood of Longshoremen , AFL-CIO, Peti-
tioners. Cases Nos. 14-RC-3535 and 14-RC-3515. June 10, 1959
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9(c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
Walter A. Werner, 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 [Chairman Leedom and Members Jenkins and
Fanning].
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 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. The Employer is engaged in the purchase, preparation, and sale
of scrap metal, particularly railroad scrap. Its Madison, Illinois,
plant, here involved, employs a crew of approximately nine burners
and miscellaneous yardmen, plus two or three cranemen. There is,
additionally, one hydra-shear operator, discussed below. In 1951,
pursuant to a consent election, Petitioners were jointly certified as
collective-bargaining representatives for all production and mainte-
nance employees in the plant 2 Thereafter, in 1953, the Operating
Engineers began to bargain separately for the cranemen; the Long-
shoremen did the same for all other production and maintenance
employees. All subsequent contracts have been negotiated on such
separate basis.
In November of 1958, the Employer installed a new hydraulic shear-
ing machine, known as a "Clearing Hydra-Shear." It is operated
'The Petitioner in Case No. 14-RC-3535, although not desiring to withdraw its peti-
tion, contends that both petitions should be dismissed as presenting a jurisdictional dis-
pute not properly resolvable in a representation proceeding . In support of this contention,
it states that the matter has been submitted by the parties to the AFL-CIO jurisdic-
tional disputes board. However, it is well established that the Board will not dismiss a
representation petition on this ground . North American Aviation, Inc., 115 NLRB 1090.
Furthermore, the issue in the instant proceeding relates to the composition of units sought
by both Petitioners, and is not a jurisdictional dispute in the statutory sense. See
Pacific States Steel Corporation , 121 NLRB 641.
2 At that time, the plant was owned by another company. The Employer purchased
it in 1952.
123 NLRB No. 183.
THE PURDY COMPANY 1631
by a single employee, currently unrepresented. The Operating En-
gineers, in Case No. 14-RC-3535, has petitioned for a unit compris-
ing all cranemen, plus the operator of the new hydra-shear. The
Longshoremen, in Case No. 14-RC-3515, seeks a unit of either (a) all
production and maintenance employees, including cranemen and the
hydra-shear operator; or (b) all production and maintenance em-
ployees, including the hydra-shear operator, but excluding cranemen.
The Employer takes no position as to the appropriate unit.
The Employer receives unprepared scrap by railroad car, or on its
own wheels. The scrap is unloaded and moved from place to place
by magnetic cranes, operated by the Employer's cranemen. The yard-
men assist the cranemen on the ground, and occasionally help in re-
fueling and greasing the cranes. Once the scrap is unloaded and
sorted, it must be cut into proper lengths for shipment to the mills.
This work was at one time done by alligator shears, and is still done in
part by the burners, who shear the metal with acetylene torches. There
is little or no interchange between cranemen, yardmen, and burners.
Cranemen are paid $2.75 per hour; yardmen receive $2.03 per hour.
Burners are paid piece rate, some earning up to $125 to $145 per week.
The hydra-shear, which is 21/2 stories high and weighs 600 tons,
performs much of the shearing work formerly done by the burners.
Material is loaded into the machine's hopper by a magnetic crane,
where it is checked and sometimes rearranged by a yardman known as
a box tender. When the hopper is properly loaded, the operator,
who sits high up in the cab of the machine, presses a button starting
an automatic cycle of movement and shearing. Often, due to faulty
scrap length or arrangement in the box, the machine becomes clogged,
and the operator must resort to direction of the cycle through manual
operation of the controls on the instrument panel. The machine has
12 limit switches and approximately 30 solenoid valves, all of which
must be checked periodically by the operator. The present operator
was trained especially for the job by the Employer, and is required
to have a practical knowledge of hydraulics, electricity, and blueprint
reading. His rate of pay is that of a craneman.
In view of the above, and the entire record, we find that the in-
terests and skills of the hydra-shear operator closely resemble those
of the cranemen. Accordingly, the hydra-shear operator constitutes
an accretion to, and is, therefore, properly a part of, the unit of
cranemen currently represented by Operating Engineers, which unit
we find to be appropriate for collective-bargaining purposes.' Al-
though Operating Engineers is currently recognized as collective-
a See Guntert and Zimmerman Construction Division, Inc., 81 NLRB 874; Lewis &
Bowman, Inc., 109 NLRB 1194, amending 109 NLRB 796; Pacific States Steel Corpora-
tion, swpra . As the joint certification in the overall unit in 1951 was the result of a
consent election, and as the parties subsequently bargained and negotiated contracts in
separate units, we accord no weight to the. 1951 certification in the overall unit.
1632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargaining representative for the cranemen, it is nonetheless entitled
to the benefits of a Board-conducted election and certification in the
appropriate unit,4 and we shall direct an election therein, in Case
No. 14-RC-3535.
In Case No. 14-RC-3515, Longshoremen seeks a unit of all pro-
duction and maintenance employees, including cranemen and the
hydra-shear operator. Such a unit, comprising all employees of the
Employer, on its face may be appropriate.5 However, as the crane-
men and hydra-shear operator have been excluded in collective bar-
gaining from the production and maintenance unit since 1953, in
accordance with settled Board policy they are presently entitled to
a self-determination election as to their inclusion with the other
production and maintenance employees.6 However, as Longshore-
men has made no showing of interest with respect to these em-
ployees, we shall not direct such an election.'
Alternatively, Longshoremen seeks a unit of all production and
maintenance employees, including the hydra-shear operator, but ex-
cluding cranemen. As we have determined, supra, that the hydra-
shear operator properly belongs in the unit of cranemen requested
in Case No. 14-RC-3535, he may not be included in the separate
unit sought by Longshoremen. Accordingly,. in Case No. 14-RC-
3515, we shall direct an election in the alternative unit requested by
Longshoremen, but shall exclude the hydra-shear operator.8
We therefore shall direct.separate elections in the following units :
In Case No. 14-RC-3535: All crane operators," including the
hydra-shear operator, but excluding all other production and main-
tenance employees, office clerical employees, professional employees,
guards and watchmen, and all supervisors as defined in the Act.
In Case No. 14-RC-3515: All production and maintenance em-
ployees, excluding crane operators and the hydra-shear operator,
office clerical employees, professional employees, guards .and watch-
men, and all supervisors as defined in the Act.
[Text of Direction of Elections omitted from publication.]
4 General Box Company , 82 NLRB 678.
5 Lock Joint Pipe Co., 120 NLRB 1238.
6 1bid.; see also The Zia Company, 108 NLRB 1134.
7 Tarter, Webster