United Technologies Corporation

National Labor Relations Board - Board Decisions

Sep 28, 1979

245 N.L.R.B. 932 (N.L.R.B. 1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United Technologies Corporation, Chemical Systems
Division and International Union of Electrical, Ra-
dio, and Machine Workers, AFL-CIO-CLC, and
its Local 1201, Petitioner. Case 32 RC 698
September 28, 1979
DECISION ON REVIEW AND ORDER
BY CHAIRMAN FANNING AND MEMBERS PENEI.O
AND TRUESDAL.F
On June 27, 1979, the Regional Director for Re-
gion 32 issued a Decision and Direction of Election in
the above-entitled proceeding in which he found ap-
propriate a unit of all hourly employees classified as
fireman employed at the Employer's Madrone, Cali-
fornia, facility. Thereafter, in accordance with Sec-
tion 102.67 of the National Labor Relations Board
Rules and Regulations, Series 8 as amended, the Em-
ployer filed a timely request for review of the Re-
gional Director's Decision, on the grounds that, inter
alia, in finding that the firemen are not guards within
the meaning of the Act, he departed from well-estab-
lished precedent.
By telegraphic order dated July 24, 1979, the Em-
ployer's request for review was granted. Thereafter,
the Employer filed a brief on review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has considered the entire record in this
case and makes the following findings:
On May 4, 1979, the Petitioner filed a petition seek-
ing to represent a unit consisting of "all hourly em-
ployees classified as firemen in department 0230 at
the Company's facilities at Madrone, California."
The Employer contends that these firemen are guards
within the meaning of the Act, and that, pursuant to
Section 9(b)(3), the Petitioner may not be certified as
their representative as it admits to membership em-
ployees other than guards, including other nonguard
employees of the Employer.
The Employer is engaged in the manufacture of
rocket motors with facilities at Madrone, Sunnyvale,
and other locations in California and Florida. The
Madrone facility, which is engaged in the actual
manufacturing process, consists of approximately 200
buildings scattered over 5,500 acres. Some of the
buildings are spread further apart, as far as a quarter
of a mile, because of the possible danger from the use
of explosives.
The Employer's security department is responsible
for protecting the Employer's property from all types
of losses, and employees are trained more extensively
in plant protection as they are promoted within the
department. An employee is first hired, or transfers
in, as a guard at a particular level of pay, and pro-
gresses through promotion to fireman and then to
guard sergeant, rising to the next level on the Em-
ployer's pay scale with each promotion. All are super-
vised by the fire lieutenant, who reports to the chief of
security.
As a guard, an employee is principally responsible
for patrolling plant premises every 2 hours to inspect
for fire hazards, pilferage, and other problems, direct-
ing traffic, checking badges, etc. Guards are cross-
trained in some of the duties of firemen, including a
first-aid course, and substitute for firemen when nec-
essary. They also assist in fighting fires.
Upon promotion to fireman, the employee's focus
shifts to fire protection, and his duties include inspec-
tions for fire hazards, including patrols checking fire
extinguishers and water systems. Firemen maintain
fire equipment, train the fire brigade, conduct fire
drills, fight fires, and perform first-aid duties. They
are also responsible for issuing burn permits for open
flames and sparking tools in hazardous areas and in-
suring that the rules for such operations are followed.
They enforce no-smoking rules and make out incident
reports for violations of these rules.
Firemen have at times been assigned to make cer-
tain shifts of the guard patrol, although since January
1979, when the number of employees at the plant in-
creased dramatically, this regular substitution of fire-
men for guards had ceased. Firemen do assist guards
in controlling traffic and are authorized to issue tick-
ets or write incident reports for infractions of all com-
pany rules and regulations, including speeding. They
report to the guard sergeants and must inform the
guard sergeants of their whereabouts if they leave the
firehouse.
Two of the firemen have been chosen by the Em-
ployer to participate in additional training and have
become deputy sheriffs. They are the only employees
who are authorized to carry firearms and make ar-
rests.
The Regional Director found that the primary
function of the firemen is fire protection, and, al-
though they have been guards and are familiar with
guard duties, their performance of guard duties is
sporadic and minimal. He concluded that these fire-
men are not guards within the meaning of the Act
and that the Petitioner is eligible to represent this
unit. We disagree.
In determining whether employees are guards
within the meaning of the Act, the percentage of time
which such employees spend in guard duties is not
controlling.' Firemen have been found to be guards
I Chance Vought Aircraft. Incorporated, 110 NLRB 1342. 1345 (1954).
245 NLRB No. 118
932
UNITED TECHNOLOGIES CORPORATION
where a significant portion of their job is the perform-
ance of guard duties and enforcement of company
rules2 and where enforcement of these rules is sub-
stantially intermingled with their fire protection du-
ties.3 Here firemen are responsible for enforcement of
all company rules. Though they are primarily con-
cerned with fire protection, they are authorized to
give tickets and issue incident reports for any infrac-
tions of company rules.4 Two are deputy sheriffs and
thus have additional responsibilities for law enforce-
ment, as well as the right to carry firearms. All fire-
2 Reynolds Metal Company Reduction andA lloys Plant. 198 NLRB 120. 121
(1972).
North American Aviation, Inc.. 161 NLRB 297. 299 (1966).
' In this regard, It is not necessary that the employees have the power of
police to compel compliance by violators of company rules. Rather. it is
sufficient that they possess and exercise responsibility to observe and report
infractions. Cf. The Wackenhut Corporation. 196 NLRB 278, 279 (1972).
men are former guards and are fimiliar with guard
duties; it is clear from the Employer's scheme of pro-
moting guards to firemen to guard sergeants, under a
common line of supervision, that firemen are guards
who are currently specializing in fire protection as
they move up the company ladder.
Under these circumstances, we find that these fire-
men are guards within the meaning of the Act, and
since the Petitioner is a labor organization which rep-
resents employees other than guards, we further find
that it is not qualified, under Section 9(h)(3), to repre-
sent the employees sought by its petition. Accord-
ingly, we shall dismiss the petition.
ORDER
It is hereby ordered that the petition be, and it
hereby is, dismissed.
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