National Biscuit Co.

In the Matter of NATIONAL BISCUIT COMPANY, EMPLOYER and DISTRIar No. 60, INTERNATIONAL ASSOCIATION OI' MACHINISTS, PETITIONER Case No. 7-RC-696.-Decided January 30,1950 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Harold L. Hudson, hearing officer. 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-member panel [Chairman Herzog and Members Houston and Reynolds]. 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 involved claim to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The appropriate unit; determination of representatives: The Petitioner requests a unit limited to machinists #1, machinists #2, a machinist specialist carpenter, a maintenance painter, his helper, oilers, sundry men, and a clerk, all in the maintenance department of the Employer's Detroit, Michigan, plant. Alternately, it requests either a smaller unit, specifically described below, or any unit of machinists that the Board deems appropriate. Detroit Baker's Union, Factory Local 326, Bakery and Confectionery Workers' International Union of America, A. F. of L., herein called the Intervenor, opposes the Petitioner's unit requests, relying primarily upon the collective bargaining history on a broader basis in the plant involved, but con- cedes that the pure machini st-craftsmen might appropriately be placed in a separate unit. The Employer is neutral, except to urge that if 88 NLRB No. 81. 313 314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Board grant any unit, it be the entire maintenance department not now represented separately. The Michigan plant, where the Employer is engaged in the produc- tion of bakery products, employs a total of 650 employees. In addi- tion to the employees whom the Petitioner seeks to represent,) mainte- nance activities are performed by powerhouse employees, a plumber, an electrician, and electrician helpers. The machinists #1 make and repair machine parts in the machine shop, using the usual metal work- ing machines found in such shops. They also maintain service, and repair all the machinery used. throughout the plant in the production process. Two of them are regularly stationed in the machine shop and the adjoining production area. The others work in particular departments or areas to which they are permanently assigned. Machinists #2 are helpers to the machinists #1; although there is no apprentice training program, they often advance to the higher machinist classification when vacancies occur. The machinist specialist carpenter does primarily maintenance carpentry work. He has never been called upon to operate machinery other than carpentry and hand electric tools. The maintenance painter and his helper do only maintenance painting wherever re- quired throughout the plant. The oilers lubricate all the plant machinery; although they are required to check for conditions requir- ing mechanical repairs, they do not possess skills necessary to make such repairs. The surndrymen have diversified functions. One is the carpenter's helper; he does no machinist work.2 Two others do janitorial work in the machine shop and look after incoming supplies; occasionally they assist in cleaning machines or parts in the machine shop and cutting stock material on a power. hacksaw, but no particular skills are required for such duties. Another sundryman assists the plumber, who is not sought by the Petitioner, but he does no work commonly performed by machinists. The fifth and last sundryman maintains and repairs the floor trucks used in the plant. Except for occasional use of a drill and an adjustable wrench, he uses none of the machine tools. The cleric works in the mechanical superintendent's office and handles telephone messages and supply orders. She also assists in keeping inventory records of parts. Since 1937, the Intervenor has represented all the foregoing em- ployees as part of a plant-wide production and maintenance unit from I Contrary to the Petitioner's assertion that the employees it seeks constitute the entire maintenance department, the record shows that the department also includes the electrician helpers, and indicates that it may also include the electrician , the plumber , and, possibly, the powerhouse employees. 2 The record is not clear as to this employee's classification . He is called both a machinist #2 trainee and a sundryman. The record clearly shows, however, that his duties are set forth above. NATIONAL BISCUIT COMPANY 315 which only the powerhouse employees, the electrician, and the plumber-steamfitter have been excluded. These last categories are now separately represented by International Union of Operating Engi- neers, Local 327. Clearly, the maintenance department unit which the Petitioner seeks to represent is not characterized by a separate community of interest sufficiently strong to warrant its severance from the existing produc- tion and maintenance unit. Thus, it includes both skilled and un- skilled workmen, whose duties include various unrelated occupations. Nor does the unit follow departmental lines, for it excludes the elec- trician's helpers. Further, as stated above, the electrician and the plumber may also be part of the same department. In view of the plant's collective bargaining history on a more inclusive basis, we perceive no persuasive reason for severing this portion of the main- tenance department from the existing production and maintenance unit., For the same reasons, we believe that the unit alternatively re- quested by the Petitioner, including only machinists #1, machinists #2, oilers, and three of the stn clrymen, is also inappropriate. The work of the sundrymen, as well as of the oilers, requires no high degree of skill, and is unrelated to that of the machinists. Therefore, this second unit, as requested, is neither a distinct craft group nor a clearly definable and homogeneous group functionally distinct from the remaining employees of the plant." The record does show, however, that the machinists in the mainte- nance department possess, and in their work exercise, the high degree of skill normally found in the machinist craft. They not only repair and maintain, but also rebuild the machines and machine parts used throughout the very large plant. Together, the machinists #1 and machinists #2 therefore constitute a distinct craft group, such as we have often recognized may be bargained for separately.' Notwith- standing the bargaining history on a broader basis, we find that the machinists involved herein also may, if they so desire, constitute a separate bargaining unit, or may continue to be represented as part of the existing production and maintenance unit. Accordingly, we shall direct an election in the following voting group : All machinists #1 and machinists #2 employed at the Employer's Detroit, Michigan, plant, excluding all other employees and super- visors as defined in the Act. 3 United States Time Corporation, 86 NLRB 724 ; Armstrong Cork Co., 80 NLRB 1328. * St. Regis Paper Company, 80 NLRB 570. 1 Firestone Tire and Rubber Company, 85 NLRB 559 ; St . Regis Paper Company, supra. 316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD However, we shall make no unit determination at this time, but shall first ascertain the desires of the employees as expressed in the election herein directed. If a majority of them vote for the Petitioner, they will be taken to have indicated their desire to constitute a separate appropriate unit. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes 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 Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, in the voting group described in paragraph numbered 4, above, who were employed during the payroll period immediately preceding the date of this Direction of Election, including employees who did not work during payroll 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 not 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 rep- resented, for purposes of collective bargaining, by District No. 60, International Association of Machinists, or by Detroit Baker's Union, Factory Local 326, Bakery and Confectionery Workers' International Union of America, A. F. of L., or by neither.