United States Time Corp.

UNITED STATES TIME CORPORATION 941 ployees,0 and supervisors 10 constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act. As we have found that the multiemployer unit is alone appropriate, we shall dismiss the petition in Case No. 9-RC-1215 for a single- employer unit. 5. As it appears from the record that probationary employees usually become regular employees, we find, in accordance with the agreement of the parties, that they have a sufficient interest in the present election to entitle them to a voice in the choice of a bargaining representative. We find, therefore, that probationary employees are eligible to vote in the election.'1 Order IT IS HEREBY ORDERED that the petition in C ase No. 9-RC-1215 be, and it hereby is, dismissed. [Text of Direction of Election omitted from publication in this volume.] 9 As the chemists are required to have knowledge of an advanced type in the field of chemistry, we will, in accordance with the agreement of the parties ( Globe took no posi- tion as to its chemist ), exclude the chemists from the unit. 10 We find that the following employees are supervisors , and we will exclude them from the unit: James Barlow, Charles O. Evans, George Green, Willard McGhee, William Messing, Fred Rowland, Kelley Wasmer, Mayfield White, Ralph McGhee , Charles Martin, Elba Rowland, Evan J. Davis, John Waugh, Earl Dunn, Isaiah Graham , James Kontuer, and Robert Pope. 11 Del Rio & Winter Garden Telephone Company, 85 NLRB 199. UNITED STATES TIME CORPORATION and LODGE 325, INTERNATIONAL ASSOCIATION OF MACHINISTS,1 PETITIONER . Cases Nos. 32-RC-327, 32-RC-328, 32-RC-3291 32-RC-330, and 32-RC-331. August 2, 1951 Decision, Order, and Direction of Elections Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Anthony J. Sabella, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.2 1 The Petitioner's name appears as amended at the hearing. ' At the hearing, the Clock Workers Federal Union Local No. 24011 , AFL, herein called the Intervenor , moved to dismiss the petition in each case on the ground of the inappro- priateness of the unit. For the reasons hereinafter stated, this motion is granted as to the petitions for units of tool inspectors and mechanics , but denied as to the others. 95 NLRB No. 105. 942 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the provisions of Section 3: (b) of the Act, the Board has delegated its powers in connection with these cases to a three- member panel [Chairman Herzog and Members Houston and- Reynolds]. Upon the entire record in these cases, the Board finds : 1. The Employer is -engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain employees 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 Petitioner seeks to represent in separate units the employees of the Employer's Little Rock, Arkansas, plant, in the following . categories :. (a) tool inspectors; .(b) machinists and tools crib ..at- tendant; (c) electricians and electricians' helpers; (d) carpenters and carpenters' helpers; and (e), maintenance mechanics. The Em- ployer and Intervenor contend that these units are not appropriate because of the history of bargaining on a. plant-wide basis.3 The Employer's plant in Little Rock is engaged in the manufacture of, clocks, watches, and cameras, and is divided into four main divi- sions of operation:, The fabrication division, camera division, time division, and the quality control' division. The manager of each of these operations is responsible to the plant manager, and each has under his jurisdiction several subdivisions or departments. The Tool Inspectors Tool inspectors, of whom there are 2, are presently, employed by the Employer in its quality control division. They spend their work-. ing time inspecting tools and gauges which have been made or re- paired by the toolmakers, tool and die makers, and machinists... 'In so doing, they use some or all of 40 or 50 different gauges, precision instruments, and other pieces of equipment, most of which are also s In 1946, following a consent election, the Intervenor was certified as the collective bargaining agent for the production and maintenance employees and thereafter entered into a collective bargaining agreement covering, among others , the employees involved in this proceeding. The latest such contract was for the period of June 4, 1950, through June 4, 1951. . The Employer also points to the Board's decision in United States Time Corporation, 86 NLRB 724, wherein the_Board__dismissed . a petition -seeking the_.em,ployees _.in the Employer's maintenance department in a single unit. The Board, in its decision in that case, stated that "while we have permitted the formation of . . . multicraft units lwhich include unskilled employees in the absence of a prior collective bargaining history, it has been our policy to refuse to establish such multicraft units in the face of substantial history of collective bargaining on a plant-wide basis." The Petitioner here is not seeking a multicraft departmental unit combining skilled and unskilled employees, but rather separate units limited to certain crafts. UNITED STATES TIME • CORPORATION 943 used by the toolmakers , tool and die makers, and machinists. After inspection, the tools and gauges are sent to the Company's production divisions to be used in the manufacturing processes . It was' indicated that a tool inspector . need not know how to do a toolmaker's job, although he must "know tools." Although there is no tool inspector trainee program now in progress at the Employer 's plant, testimony ,establishes that an inexperienced employee would require a minimum of from 2 to 3 years of training to become a first-class tool inspector. However, even though they appear to be specialists with considerable training and some familiarity with the making of tools, it is clear that they do not possess the skill or ability. of craftsmen . Accord- ingly, ' and because no other reasons appear which would serve to justify their severance from the production and maintenance unit in which they are now included, we shall dismiss the petition in Case No. 32-RC-327 seeking a separate unit of tool inspectors. The Maintenance Mechanics • These employees, as well as the carpenters and electricians, are in the maintenance department, which is part of the fabrication divi- sion. They maintain and repairall mechanical equipment used on production, working wherever necessary throughout the plant and using wrenches and other such tools classified as "ordinary mechanics' tools." The specific nature of their work appears to be the dis- mantling, assembling, and adjusting of presses and lathes, and the 'replacing of parts.' There is no formalized training program for these employees, but the Employer conceded that "it would take many, many months to train a man to be a good, first-class mechanic." .How- ever, as these mechanics do no machine work and perform their work throughout the plant, using only simple hand tools, it is apparent that they do not possess sufficiently distinct skills to justify their severance as craftsmen from the production and maintenance unit.6 We shall therefore dismiss the. petition in Case No. 32-RC-331 involv- ing these employees. The Machinists The machinists, along with an undisclosed number of toolmakers and tool and die makers,6 and the tool crib attendant, work under the 4 These .parts, however, are made or reconditioned, by, the machinists. ' Sawyer Biscuit Company, 92 NLRB 1447. The record discloses that, in November 1949, pursuant to a Board -directed election, the Petitioner herein was certified as the collective bargaining representative of a unit com- posed of toolmakers, the only employees then working in the Employer 's toolroom (herein referred to as the tools department). Thereafter,,on June 6, 1950, the Petitioner entered into a contract with the Employer covering the toolmakers and tool and die makers, which contract expired June 6, 1951. United States Time Corporation, supra. 944 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD immediate supervision of the tools department foreman and under the general supervision of the fabrication. division manager. The Employer testified that these machinists perform the rougher part of a job assignment whereas the toolmaker does the finer part of it. A tool and die maker was described as "just a better quality toolmaker." The record indicates that the machinists do all the initial or "rough" Work on parts used in the maintenance and building of tools and dies. They apparently perform their work on milling machines and lathes, and work with tolerances down to one-thousandth of an inch. There is no apprenticeship program in the plant for employees of this cate- gory, but in hiring replacements the Employer gives consideration only to persons with previous machinists' experience. At the hearing, it was testified without contradiction that it would probably take a minimum of 4 years to train an inexperienced- employee to become a class-A machinist. - Although the record is devoid of evidence as to the duties of the tool crib attendant here sought to be included. in the machinists' unit, we assume that he is unskilled and performs the functions usually asso- ciated with this category-that is, he receives, catalogues, and stores ,tools and parts, and distributes them to the other employees. It is apparent that the machinists here petitioned for, and the tool- makers and the tool and die makers already represented by the Peti- tioner, are segments of the same craft, and together form a group of toolroom employees such as the Board has frequently held to be en- titled to separate representation? We shall therefore direct that an election be held in a voting group composed of the machinists. If a majority of this group select the Petitioner, they will be deemed.to have indicated their desire to be represented together with the tool- makers and tool and die makers in a separate toolroom unit. Be- cause of the tool crib attendant's close association with the other tool- room employees, we shall include him in the voting group .8 The - Electricians The electricians have their headquarters in the electrical shop, where they report for assignment and keep their tools, Together with their helpers, they work throughout the plant, using the common tools of their trade, in the maintenance and repair of electrical outlets, motors, and other electrical equipment. The Employer has no training pro- gram for employees in this category, but regards them as craftsmen and hires as electricians only men with previous electrical experience- 7 The Cornelius Company, 93 NLRB 368. 8 Western Die Casting Co., 90 NLRB No. 264:' UNITED STATES TIME CORPORATION 945 We find that they are craftsmen who may be represented separately, despite their previous inclusion in a broader unit.9 We shall direct that an election be held in a -voting group composed of the electricians and their helpers. If a majority. of this group vote for the Petitioner, they will be deemed to have indicated a desire to be represented in a separate unit. The Carpenters The carpenters keep their tools and receive their assignments in the carpenter shop. As in the case of the electricians, they use the tools common to their trade and, with their helpers, work throughout the plant on maintenance tasks requiring their craft skill. Their duties are to maintain and repair all assembly benches, conveyors, partitions, and other interior construction and equipment. We find that they constitute a craft group, and may be represented in a separate unit if they so desire 10 We shall direct that separate elections be conducted among the of the carpenters and their helpers. If a majority of this group vote for the Petitioner, they will be deemed to have indicated a desire to be represented in a separate unit. We shall direct that separate elections be conducted along the Employer's employees in the following voting groups, excluding from each group all office, clerical, technical, and professional em- ployees, watchmen and guards, all other employees, and supervisors as defined in the Act : 1. All machinists, including tool crib attendant. 2. All carpenters and carpenters' helpers. 3. All electricians and electricians' helpers. Order IT 18 HEREBY ORDERED that the petitions in Cases Nos. 32-RC-32r and 32-RC-331 be,'and they hereby are, dismissed. [Text of Direction of Elections omitted from publication in this volume.] 9 Glass Fibers, Inc., 93 NLRB 1289. 10 General Electric Company, 89 NLRB 726, 754.