Victor Electric Products, Inc.

National Labor Relations Board - Board Decisions

Aug 31, 1948

79 N.L.R.B. 373 (N.L.R.B. 1948)

In the Matter Of VICTOR ELECTRic PRODUCTS, INC., EMPLOYER and
INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER
Case No. 9-RC-10?.-Decided August 31, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-lean-panel consisting of the undersigned Board
Members. *
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 named below claim to represent em-
ployees of the Employer.
3. A question of representation exists concerning the representation
of employees of the Employer, within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.'
4. The Petitioner seeks a unit of all machine repairmen and mechan-
ical maintenance men in the Employer's maintenace department, ex-
cluding supervisors. The Employer contends that the mechanical
maintenance men are an integral part of the production operation.
The Intervenor takes no position on this issue.
Prior to 1946, the Employer did its own tool and die work. At that
time Petitioner represented a unit similar to that which it seeks here.
*Houston, MRardock, and Gray.
'The Employer and Intervenor contend that their curient contract covers mechanical
maintenance men by reason of the fact that they are not specifically excluded fioni the unit
Consequently they gigue that the contract is a bar to so much of the petition as involves
these emplolees We do not agree The classification of maintenance men was not in
existence or in the contemplation of the parties when the contract was executed Under
these circaDist ances the contract does not bar the petition as to mechanical maintenance
men Hatter of Datiery Corporation, 77 N I. R B 408
79 N L. R. B., No. 53.
373
809095-49-vol. 79-25
374 DECISIONS OF`NATIONAL LABOR RELATIONS BOARD
When the tool and die work was contracted out, in 1946, the coverage
of Petitioner's contract was reduced to the machine repairmen only.
In March 1948, the Employer again began to do part of its own tool
and die work in the maintenance department and the classification of
mechanical maintenance man was set up. Thus, Petitioner is seeking
a unit whose functions are similar to those of the unit it foYmerly
represented.
The machine repairman is a skilled craftsman who fabricates coin-
plex parts, when necessary to bring a machine into operation. The
Employer requires a total of 8 years of apprenticeship and experience
to qualify for this job. The mechanical maintenance men are required
to keep all dies and cutting tools in repair, including fabrication of
replacement parts. They are also considered skilled craftsmen, al-
though the record does 'not disclose the precise experience require-
ments. The machine repairman and the mechanical maintenance men
are the only employees in the maintenance department with these or
related skills. ` "
We therefore find that all machine repairmen and mechanical main-
tenance men in the Employer's maintenance department, excluding
supervisors, may constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
However, since it also appears that these employees may appropri-
ately form part of the existing production and maintenance unit, we
shall make no final unit determination at this time, but shall be guided
in part by the desire of these employees as expressed in the election
hereinafter directed. If a majority vote for the Petitioner, they will
be taken to have indicated their desire to constitute a separate appro-
pr}ate unit. If a majority votes for the Intervenor, they will be taken
to have indicated their desire to constitute part of the existing produc-
tion and-maintenance unit.
DIRECTION OF ELECTION 2
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Ninth Region, and subject to
Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, among the employees in the voting group
described in paragraph numbered 4, above, who were employed during
2 The Employer stated that it was doing its own tool and die work on an experimental
hags, and would evaluate the results early in 1949 However, we do not consider this
contingency sufficient reason for not proceeding with a current determination of
i epi esentatives.
VICTOR ELECTRIC PRODUCTS, INC. 375
the pay-roll period immediately preceding the date of this Direction
of Election, including employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily laid off,
but excluding those employees who have since quit or been discharged
for cause and have riot been rehired or reinstated prior to the date of
the election, and also excluding employees on strike who are not en-
titled to reinstatement; to determine whether they desire to be repre-
sented, for purposes of collective bargaining, by International Asso-
ciation of Machinists, or by International Brotherhood of Electrical!
Workers, Local 1269, AFL, or by neither.