Victor Electric Products, Inc.

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.