Multiplex Faucet Co.

In the Matter of MULTIPLEx FAUCET COMPANY, EMPLOYER and METAL POLISHERS, BUFFERS, PLATERS AND HELPERS INTERNATIONAL UNION, LOCAL 13, A. F. L., PETITIONER and STOVE MOUNTERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 108, A. F. L., INTERVENOR Case No. 14-RC-212.-Decided August 03,1948 DECISION AND ORDER 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-man panel consisting of the undersigned Board Members.* The Employer is engaged in commerce within the meaning of the National Labor Relations Act. The labor organizations involved claim to represent employees of the Employer. Upon the entire record in this case, the Board finds that no 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 for the following reasons: The Petitioner seeks to sever a unit of all polishers and platers in the Employer's plant at St. Louis, Missouri, from an existing unit of production and maintenance employees.' The Employer and the Intervenor contend that the unit is inappropriate. .Houston, Murdock, and Gray. 1 The Intervenor was designated exclusive bargaining representative of the production and maintenance employees , including the polishers and platers herein sought, as the result of a consent election in 1946. The production and maintenance employees are now covered by an agreement between the Employer and the Intervenor . This agreement is for an initial period of 1 year ending August 13, 1948, and thereafter "until modified or changed by mutual consent or by proper governmental authority" or until terminated on 30 days' notice. It is not urged as a bar to this proceeding. 79 N. L. R. B., No. 4. 38 MULTIPLEX FAUCET COMPANY 39 The record shows that at one time the Employer employed eight polishers, but that at the time of the hearing it had only one such - employee who is admittedly a craftsman. This reduction in staff was -due to a change in the Employer's manufacturing process requiring the use of stainless steel, in its polished state, instead of brass which required polishing. The record also shows that during the off-season period which extends from about September to March, there will be insufficient polishing work to keep the one polisher employed full time. In this connection the Employer contemplates a transfer of the pol- isher to another department in order to avoid laying him off during the off-season period. As to the plating work, that is being done by the supervisor in -charge of the polishing department. This individual has the authority to hire and discharge employees and, therefore, is not an employee within the meaning of the Act. It thus appears that the size of the unit which the Petitioner seeks to sever from the existing production and maintenance unit will hereafter not exceed one employee, and that for approximately half the year he will be working with the production and maintenance em- ployees. This case presents an inappropriate situation for severance, without regard to the issue raised by the fact that the unit requested includes, at most, only one employee. We shall therefore dismiss the petition. ORDER Upon the basis of the entire record in this case, the National Labor ,Relations Board hereby orders that the petition filed in the instant matter be, and it hereby is, dismissed.