Fafnir Bearing Co.

In the Matter Of FAFNIR BEARING Co. and UNITED AUTOMOBILE, AIR- CRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL. 133, C. I. O. Case No. R-4725.-Decided February 2,1943 Jurisdiction : ball bearings manufacturing industry. Investigation and Certification of Representatives : existence of question • re- fusal to recognize either union until certified by the Board ; election necessary. Units Appropriate for Collective Bargaining : single or separate units held de- pendent upon elections to be conducted among (1) all production and mainte- nance employees with specified exclusions, and (2) tool makers, die makers, machinists, machinists' helpers, apprentices and all other employees in the tool room, with specified inclusions and exclusions. Mr. Walter M. Maguire, of Stamford, Conn., for the Company. Mr. David R. Lessler, of Bridgeport, Conn., for the UAW-CIO. 111r. Harold Strauch, of Hartford, Conn., for the Machinists. Mr. Leon, Novak, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petition duly filed by United Automobile, Aircraft and Agri- cultural Implement Workers of America, Local 133, C. I. 0., herein called the UAW-CIO, alleging that a question affecting, commerce had arisen concerning the representation of employees of Fafnir Bearing Co., New Britain, Connecticut, herein called, the Company, the National Labor Relations Board provided for an appropriate hear- ing upon due notice before Thomas H. Ramsey, Trial Examiner. Said hearing was held at New Britain, Connecticut, on January 4, 1943. The Company, the UAW-CIO, and International Association of Ma- chinists, Lodge 1249, A. F. L., herein called the Machinists, appeared, participated, and were' afforded full opportunity to be heard, to ex- amine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. - Thereafter, the Company and the UAW-CIO, filed briefs, which the Board has considered. 47 N. L R. B, No 27 278 'FAFNi R BEARING CO. 279 Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Fafnir Bearing Co., is a Connecticut corporation with its principal office and place of business in New Britain, Connecticut, where it operates 3 plants, all of which are involved in this proceeding. The Company employs approximately 6,500 employees. It is, engaged in the manufacture of ball bearings for which it purchases, annually, raw materials, consisting of steel alloys, valued in excess of $500,000. Substantially'all of its purchases come to it'from States other than Connecticut. The Company has annual gross sales valued in excess of $1,000,000, approximately 70 percent of which is shipped by it to States other than Connecticut. The Company admits that it is en- gaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED United Automobile, Aircraft and Agricultural Implement Workers of America, Local 133, is a labor organization affiliated with the Con- gress of Industrial Organizations, admitting to membership employ- ees of the Company. International Association of Machinists, Lodge 1249, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The UAW-CIO requested the Company to recognize it as the bar- gaining agent for the Company's production employees, excluding supervisory employees, foremen and assistaiit foremen, office and cleri- cal and confidential employees. At the hearing the Machinists re- quested recognition as the bargaining agent for a craft unit proposed by it as appropriate. The Company took the position that it would not recognize either union until certified by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the UA«W-CIO and the Machinists each represents a substantial number of employees in the unit alleged by each to be appropriate.' 'The Regional Director reported that the UAW-CIO submitted 2.783 authorization cards bearing apparently genuine signatures , that a spot-check indicated that 1,948 of said signatures were the names of persons appearing on the Company's pay roll of November 21, 1942, which contained approximately 5,518 name He further reported that the Machin- ists submitted 110 authorization cards beating apparently genuine signatures of which 96 were the signatures of persons appearing on the Company's pay roll of November. 21, 1942, and 86 of which bore the names of pei sons whose names appeared on the pay roll in the unit alleged by the Machinists to be appropriate The unit sought by the UAW-CIO con- tained approximately 5,378 persons; that sought by the Machinists contained 140 persons 280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that questions affecting commerce have arisen concerning the representation-of employees of the Company within the meaning of Section 9 (c) and'Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT; THE DEIERNIINATION OF REPRESENTATIVES The Company and the UAW-CIO stipulated that an appropriate unit consists of production and maintenance employees of the Com- pany 'excluding superintendents, foremen and assistant foremen, supervisors, office and, clerical employees (including office executives), engineers, office workers, and shop clerks, timekeepers and production clerks, draftsmen, shop engineers and shop technicians, plant protec- tion employees, nurses and first-aid employees and firemen. They disagreed, however, as to the inclusion or exclusion of set-up employees and instructors. Set-up employees. The Company contends that these employees have supervisory authority and should be .excluded from the appro- priate unit. The UAW-CIO would include them. Set-up men are engaged in setting up machinery for new operators and assist such operators in the handling of the 'machinery for a short period there- after. When not rendering such assistance, the set-up men are them- selves engaged,in the operation of production machines. While some of the set-up men wear red badges designating them as supervisory employees of ,the Company, it is apparent that the Company, by its failure to give any of its set-up inen definite instructions as to their supervisory authority, does not regard these men as representatives of management. Set-up nien do not have the authority to hire or discharge. It does not appear that,employees of the Company look upon set-up men as "bosses." Set-up men are hourly rated employees and are not entitled to vacations with pay while assistant foremen, who are clearly vested with supervisory authority, are weekly rated employees who are entitled to vacations with pay. The earnings of set-up men are at times lower thtin that of operators . We find that the work of set-up men is comparable to that of ordinary production employees and that they should be included in the appropriate unit. Instructors. There are four instructors who instruct production ,workers in the handling of certain types of machines. When not so engaged they take the place of foremen or assistant foremen who may be absent. In such event the instructors have full supervisory author- ity. They do not perform the functions of ordinary production em- ployees. We shall exclude the instructors as representatives of management. The Company, the UAW-CIO, and the Machinists stipulated'at the hearing that a separate election be conducted among tool makers, die makers, machinists, machinists' helpers, apprentices and all other em- FAF\TIR BEARING CO. 281 ployces in the tool room, including tool hardeners, crib men, stamp cutters, errand boy, inspectors, sweepers, grinders, and spindle men, but excluding superintendents, foremen, and assistant foremen, super- visors, office and clerical employees, engineers, office workers and shop clerks, timekeepers and production clerks, draftsmen, shop engineers and shop technicians, plant protection employees, nurses and first-aid employees and firemen. In general, the employees sought by the Machinists comprise a dis- tinct and identifiable group. There is no history of collective bar- gaining on behalf of these employees by either of the two labor organi zations. The Machinists has substantial representation in this group, while the UAW-CIO has substantial representation among the re- mainder' of the employees of the Company within a unit which it contends is appropriate. We are of the opinion that the unit requested by the Machinists and agreed upon by the parties, could function either as a separate group or as a part Qf a larger unit. Under the circumstances we shall make no final determination of a unit at this time, but shall direct that the question concerning repre- sentation which has arisen be resolved by separate elections by secret ballot among the employees in the iinits sought by the Machinists and by the UAW-CIO, who were employed during the pay-roll period immediately preceding the date of our Direction of Elections, subject to the limitations and additions set forth therein. • Upon the results of these elections will depend in part our determination of the appro- priate unit or units. If a majority of the tool room employees and machinists select the Machinists as their representative, they will con- stitute a separate unit; if a majority in both voting groups choose the UAW-CIO, the groups will together constitute a single unit. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of-the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2; as amended, it is hereby DIIIECrl:n that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Fafnir Bearing Co., New Britain, Connecticut, separate elections by secret ballot shall be conducted as early as,possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the First Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among. the following groups of employees of the Company, who were employed during the pay-roll period immediately preceding the date of this Direction, in- 282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD eluding employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and includ- ing employees in the armed forces of, the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause : 1. All tool makers, die makers, machinists, machinists' helpers, ap- prentices and all other employees in the tool room, tool hardeners, crib men, stamp cutters, errand boy, inspectors, sweepers, grinders, and spindle men but excluding superintendents, foremen and assistant fore- men, supervisors, office and clerical employees, office executives, engineers, office workers and-shop clerks, timekeepers and production clerks; draftsmen-, shop engineers and shop technicians, plant protec- tion employees, nurses and first-aid employees, and firemen, to deter- mine whether they desire to be represented by International Union, United Automobile. Aircraft and Agricultural Implement Workers of America, Local 133, C. I., 0., or by International Association 'of Machinists, Lodge 1249, A. F. L., for the purposes of collective bargain- ing, or by neither. 2. Among all production and maintenance employees, including set-up men, but excluding superintendents, foremen and assistant-fore- men, supervisors, instructors, office and clerical employees, office execu- tives, engineers, office workers and shop clerks, timekeepers and production clerks, 'draftsmen, shop engineers and shop technicians, plant protection employees, nurses and first-aid employees, firemen, and all employees included in Group 1 above, to determine whether or not they desire to be represented by International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, Local 133, C. I. 0., for the purposes of-collective bargaining.