Merck & Co., Inc.

372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD MERCK & CO., INC. and EMPLOYEES, ORGANIZATION INC. OF MERCK & Co., PETITIONER MERCK & Co., INC., PETITIONER and EMPLOYEES' ORGANIZATION INC. OF MERCK & CO. AND DISTRICT #47 OF INTERNATIONAL ASSOCIATION OF MACHINISTS. Cases Nos. 2-RC-3982 and 2-RM-328. Febru- ary 28,1952 Decision and Direction of Elections Upon petitions duly filed, a hearing was held before I. L. Broadwin, hearing officer. The hearing officer's rulings made at the hearing are free from prejudical 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 Murdock and Styles]. 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 employees of the Employer.2 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 units : The Employer and the Employees' Organization request a single unit of five separate craft units of employees with the occupational classification of carpenters, electricians, pipefitters, sheet metal workers or tinsmiths, and welders, which were previously found by the Board to constitute separate bargaining units.3 In effect, these parties are requesting that the above employees be merged with the existing production and maintenance unit now represented by the Employees' Organization. Relying on the Board's prior certification, the IAM contends that the existing craft units for which it was separately certified are appropriate. The primary basis for the position advanced by the Employer and the Employees' Organization is that the IAM has treated the five groups of employees as a single unit in its 1-year bargaining contract negotiated with the Employer. Such alleged bargaining history is not controlling, as it deviated substantially from the Board's deter- 'As part of the record herein, we have considered the exhibits in the record marked "rejected " ' Employees' Organization Inc of Merck & Co , herein called the Employees ' Organiza- tion ; and District #47 of International Association of Machinists, herein called the IAM. 3 Merck & Co, Inc., 88 NLRB 975. 98 NLRB No. 52. MERCK & CO., INC. 373 lnination as to the appropriate units 4 In the circumstances here present, we do not deem it appropriate to determine the desires of the employees in the five craft units in question as to their unit placement by grouping them together in a single voting group. Nevertheless, as set forth above, the petitions do embrace five separate appropriate craft units and these respective units may, depending upon the desires of the employees, be continued or merged into the existing production and maintenance unit.° The record shows that employees classified as helpers are regu- larly assigned to each craft and serve an apprenticeship period of from 21/2 to 3 years in order to qualify for a journeyman's status. We shall therefore include them in the applicable voting groups. In view of the foregoing, we shall make no final unit determination at this time, but shall direct separate elections by secret ballot among the employees of the Employer's Rahway, New Jersey, plant, in the voting groups set forth below, excluding all other employees and supervisors, as defined in the Act : (a) All mechanics with the occupational classification of carpenter and their helpers. (b) All mechanics with the occupational classification of electrician and their helpers. (c) All mechanics with the occupational classification of pipefitter and their helpers. (d) All mechanics with the occupational classification of sheet metal worker or tinsmith and their helpers. (e) All mechanics with the occupational classification of welder and their helpers. If a majority of the employees in any of the voting groups vote for the IAM they will be taken to have indicated their desire to constitute a separate appropriate unit, and the Regional Director conducting the elections directed herein is instructed to'issue a certificate of repre- sentatives to the IAM for the applicable unit described in paragraph numbered 4, which the Board, under such circumstances, finds to be appropriate for purposes of collective bargaining. In the event a majority of the employees in any of the voting groups vote for the Em- ployees' Organization, they shall be represented by the Employees' Organization as part of the existing production and maintenance unit and the Regional Director will issue a certificate of results of election to such effect. [Text of Direction of Elections omitted from publication in this volume.] 4 The Budd Company, Red Lion Plant, 91 NLRB No. 105. " For reasons stated in the earlier decision , we find no merit in the contention that the nature of the Employer's operations is such as to preclude the continuance of craft units. 998666-vol . 98-53-25