Thermo King Corp.

National Labor Relations Board - Board Decisions

Apr 26, 1960

127 N.L.R.B. 413 (N.L.R.B. 1960)

THERMO KING CORPORATION 413
Board policy they are entitled to a self-determination election with
respect to their inclusion in such unit.' We shall, therefore, direct
separate elections in the following voting groups of plant clerical
employees at the Employer's office and warehouse at Louisville, Ken-
tucky, excluding all other employees, the sales correspondent, sales
mechanics clerk, switchboard operator-receptionist, manager's sec-
retary, professional employees, guards, and all supervisors as defined
in the Act.
A. The order fillers.
B. The stock ledger clerk, order clerk and order typist.
In conformity with the Board's decision in Waikiki Biltmore, Inc.,
d/b/a The Waikiki Biltmore Hotel,' the votes shall be counted as
follows: If a majority of the employees in each of the above voting
groups votes for the Petitioner, both groups will be merged into a
single overall unit, which, under the circumstances, we find to be ap-
propriate. In the event a majority in voting group A selects the
Petitioner, and a majority in voting group B votes against the Peti-
tioner, the employees in group A shall constitute an appropriate unit
and may continue to be represented by the Petitioner, and those in
group B shall remain unrepresented. However, if a majority of the
employees in voting group A do not select the Petitioner, and a ma-
jority in voting group B votes for the Petitioner, the latter shall not
constitute an appropriate unit, and in this circumstance likewise shall
remain unrepresented. The Regional Director is instructed to issue
the appropriate certification or certifications as directed by the out-
come of the elections.
[Text of Direction of Elections omitted from publication.]
7 Lock Joint Pipe Co., 120 NLRB 1238.
8 127 NLRB 82. For the reasons stated in his dissenting opinion in Waikiki Bill-
more, Inc. d/b/a The Waikiki Biltmore Hotel, Member Fanning would follow the Board's
previous practice of pooling in the present case.
Thermo King Corporation and National Union , United Welders
of America (Independent ), Petitioner. Case No. 18-RC-4173.
April 26, 1960
DECISION AND ORDER
Upon a petition duly filed, a hearing was held before Charles J.
Frisch, hearing officer. The hearing officer's rulings made at the hear-
ing 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 Rodgers, Jenkins, and Fanning].
127 NLRB No. 42.
414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organizations involved claim to represent employees
of the Employer.
3. No 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.
The Petitioner seeks to sever from a production and maintenance
unit either on a craft or departmental basis the hand welders of the
Employer which is engaged in the manufacture, production, sales, and
servicing of refrigeration units for use in motortrucks and trailers at
its Minneapolis, Minnesota, plant. The Employer and the Intervenor 1
oppose the severance and contend that the only appropriate unit is
the presently existing production and maintenance unit currently
being represented by the Intervenor.
Petitioner contends that the requirements, skills, and experience of
the Employer's hand welders closely parallel the requirements of class
A welders in the Hughes Aircraft Company (Tucson Operations)
case 2 We do not agree. In the Hughes case, the fusions achieved by
the welders in tests were subjected to rigid minute inspection by
X-ray devices and, in order to maintain welding at its highest peak
of efficiency, welders were required to pass certain prescribed tests of
their welding skills and abilities periodically. In addition, 2 years'
experience was also required by the Government. In the instant case,
however, the record shows that, although the Employer in soliciting
welders set forth the experience and the tests necessary to qualify
before being employed, they were not enforced. The welder was told
that if he wanted to expedite obtaining the highest rate of pay for
welders he would have to take some tests. There were no periodic
tests required to test their continuing welding skills and abilities.
The record shows also that on occasions the welders have been assigned
to nonwelding work outside of the welding area when there was a
slowdown. The record shows that the Employer's welders are func-
tioning as one part of a unit engaged in the manufacturing and
servicing of refrigeration units for motortrucks and trailers. See
C F Braun d Co.' Accordingly, we find that they are not welder
craftsmen within the contemplation of the Hughes Aircraft case,
supra.
The Petitioner in the alternative seeks to sever on a departmental
basis all of the Employer's employees in department 4. In addition to
l United Steelworkers of America , Local Union No 2175, AFL-CIO, was permitted to
intervene on the basis of an existing contract 'covering the Employer 's employees in a
production and maintenance unit.
2117 NLRB 98.
3 120 NLRB 282, 287.
SOUTHEASTERN GALVANIZING CORPORATION, ETC. 415
the welders there is a night subforeman and two test tank operators in
Employer's department 4. The parties have stipulated that the night
subforeman is not a 'supervisor. The test tank operators test the high
pressure tanks after they return from welding repair work which is
farmed out.
The record shows that on occasions hand 'welders are sent to do
welding in other parts of the plant but that they spend most of their
time in department 4. The testimony is to the effect that all of the men
in the Employer's department 4 have to be highly skilled and that
they are under common supervision with the employees of the grind-
ing, dip tank operators, and paint shop departments. Hand welders
on occasions have been assigned to other production and maintenance
work. The record further shows that the employees in department 4
are one unit of an assembly line type of operation in the production
of refrigeration units. The record does not support a finding that the
employees in the alternative unit proposed by the Petitioner constitute
the type of traditional departmental unit to which we will permit
severance from a production and maintenance unit. American Pot-
ash & Chemical Corporation case.' We therefore dismiss the petition
as the proposed units are not appropriate.
[The Board dismissed the petition.]
A American Potash & Chemical Corporation, 107 NLRB 1418, 1424 . See also Parker
Brothers & Company, Inc., 117 NLRB 1462, 1464, and The Murray Company of Teaas.
Inc., 107 NLRB 1571.
Southeastern Galvanizing Corporation & Florida Wholesale
Fence, Incorporated ' and United Steelworkers of America,
AFL-CIO, Petitioner. Case No. 12-RC-770. April 26, 1960
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Robert L. Westheimer, hear-
ing officer. The hearing officer's rulings are free from prejudicial
error and are hereby affirmed. The Employer's motion to dismiss the
petition upon various grounds is denied for the reasons set forth
hereinafter.
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 Rodgers, Bean, and Jenkins].
Upon the entire record in this case, the Board finds :
1. Southeastern is a Florida corporation engaged in the business
of galvanizing wire. Florida Wholesale, also a Florida corporation,
i Hereinafter referred to as Southeastern and Florida wholesale, respectively.
;127 NLRB No. 56.