Jacobs Manufacturing Co.

482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Direction As part of the investigation to ascertain representatives for the purpose <of collective bargaining with the Employer herein, the Re- gional Director for the Nineteenth Region shall, pursuant to the Rules and Regulations of the National Labor Relations Board, within ten (10) days from the date of this Direction, open and count the ballots cast in the elections conducted in this case, and shall thereafter prepare and cause to be served upon the parties a tally of ballots. MEMBER MURDOCK took no part in the consideration of the above Supplemental Decision and Direction. E. P. JACOBS SR., ET AL., D/B/A JACOBS MANUFACTURING COMPANY and INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, A. F. OF L., PETITIONER E. P. JACOBS, SR., ET AL., D/B/A JACOBS MANUFACTURING COMPANY and STOVE MOUNTERS' INTERNATIONAL UNION OF NORTH AMERICA, A. F. of L., PETITIONER. Cases Nos. 10-RC'-1772 and 10-RC-1794. .June 3, 1962 Decision, Order, and Direction of Election Upon a separate petition duly filed under Section 9 (c) of the Na- tional Labor Relations Act, a consolidated hearing was held before John C. Carey, Jr., 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 Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Styles and Peterson]. Upon the entire record in this case, 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 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 : Molders' petition in Case No. 10-RC-1772, as amended at the hear- ing, seeks a unit consisting of all production and maintenance em- ' The hearing officer referred to the Board the Employer 's motion to dismiss the petition in Case No . 10-RC-1794 because the unit therein sought is inappropriate . For reasons indicated below in the test, this motion is granted. 99 NLRB No. 82. JACOBS MANUFACTURING COMPANY 483 ployees at the Employer's Bridgeport,. Alabama, plant, excluding molders, gangway labor, flask maintenance and repair men, over-the- road truck drivers, foreman, clerical and sales employees, guards, and supervisors. Mounters' petition in Case No. 10-RC-1794, as amended at the hear- ing, seeks a unit of all employees in the mounting and indirect mount- ing, department, cleaning and grinding department, crating and ship- ping department, and steel room at the Employer's Bridgeport, Ala- bama, plant, excluding over-the-road truck drivers, clerical employees, professional employees, guards, and supervisors. The Employer indicated preference for the unit sought by Molders, and moved to dismiss Mounters' petition on the ground that the unit sought therein was inappropriate. Ors January 10, 1952, the Employer and molders entered into an agreement for a term of 1 year covering the molders, gangway labor, and flask maintenance and repair men in the Employer's foundry.z Molders' petition, therefore, in effect seeks a residual unit of all pro- duction and maintenance employees not covered by the foregoing con- tract. Mounters' petition is limited to a segment of this residual group. The Employer's operations are conducted in 8 interconnected buildings. The molding work is done in the foundry building, where the contract unit, consisting of molders, gangway laborers, and flask maintenance and repair men, is employed. The molders, 42 in num- ber, are required to serve an apprenticeship of 4 years. They put up and pour off molds. The gangway laborers, 8 in number, prepare the molding sand for the molders, change flask and patterns, and do other oddt jobs incidental to the molding opefation. The 2 flask mainte- nance and repair men repair and maintain flasks. Their duties require some, but not all, the skills of the carpenter's trade. In addition to the foregoing, there are employed in the foundry building 14 shakeout men and 4 cupola men. The cupola men pre- pare the cupola for melting, charge and maintain the cupola, and line ladles. Their work requires little skill or training. The shakeout men do unskilled work, consisting of removal of.the castings from the mold$. All the foregoing categories of employees in the foundry building are under the same immediate supervision. There is also a malleable department in the foundry building, under separate supervision, where malleable iron is melted, molded, and annealed. The molders in this department are more highly skilled than the other (gray-iron) molders, referred to above .3 From the foundry building, castings are removed to the cleaning and grinding 2 Similar contracts for this group had been negotiated by Molders as far back as 1942. 2 The record is not entirely clear as to which, if any , of the employees in the malleable department are included in the existing contract unit. See footnote 4, infra. 484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD department in another building, where they are cleaned and ground by unskilled labor. The steel room employees in another building, who are classified as semiskilled, fabricate steel parts from sheet metal with the aid of shears, punches, press brakes, spot welders, and other metalworking equipment. These parts are then removed to the mounting and stor- age building, where, together with the castings, they are assembled into stoves, by the mounters, and where the blackers and packers (in the indirect mounting department) prepare the stoves for crating. The stoves are then crated and shipped in the crating and shipping department. There is a paint shop under 'the supervision of the crating and shipping foreman, where two paint shop men paint, wrap, and pack castings and steel parts for stoves. There are also three maintenance employees, who, under the supervision of the plant super- intendent, maintain the buildings and machinery. It appears, therefore, that the only difference between the unit sought by Molders and that sought by Mounters is that Mounters would exclude from the residual group requested by Molders the following categories: (1) The cupola crew and the shakeout men in the foundry building: (2) The three maintenance employees. (3) The malleable department employees (assuming that these employees are presently sought by the Molders ; see footnote 3, supra) . As the duties of these employees are integrated with those of the remaining employees in the residual group, and as no reason appears for excluding them, we will include them in the unit found appro- priate. In view of the foregoing, and upon the entire record, we find that the following employees at the Employer's Bridgeport, Alabama, plant, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees, excluding those covered by the contract of January 10, 1952,' over-the-road truck drivers, foremen, clerical and sales employees, guards,' and supervisors e We find, further, that the unit requested by Mounters is not appro- priate for the purposes of collective bargaining, and the petition in Case No. 10-RC-1794 will therefore be dismissed. As Mounters indicated at the hearing that they did not wish to participate in an election for a unit other than that sought by Mount- ers, the name of that union will not be placed on the ballot in, the election directed herein. * The employees in the malleable department will be included . In the unit found appro- priate herein to the extent that they are not covered by the existing contract. 6 As the record shows that the watchmen spend most of their time in performing guard duties, we will exclude them as "guards." 6 Potter c6 Rayfteld, Inc., 68 NLRB 76. JEK MANUFACTURING COMPANY 485 Order IT IS ORDERED that the petition in Case No. 10-RC-1794 be, and it hereby is, dismissed. [Text of Direction of Election omitted from publication in this volume.] J. LEE KLESNER, AN INDIVIDUAL, DOING BUSINESS AS JEK MANUFACTUR- ING COMPANY and AMERICAN FEDERATION OF LABOR. Case No. 30-CA-189. June 4, 1952 Decision and Order On November 23, 1951, Trial Examiner Frederic B. Parkes, 2nd, issued his Intermediate Report in the above-entitled proceeding, find- ing that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist there- from and take certain affirmative action as set forth in the copy of the Intermediate Report attached hereto. The Trial Examiner also found that the Respondent had not engaged in certain other alleged unfair labor practices and recommended that the complaint be dismissed as to them. Thereafter, the Respondent filed exceptions to the Inter- mediate Report and a supporting brief. The Board 1 has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Inter- mediate Report, the exceptions, the brief, and the entire record in the case and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner. Order Upon the entire record in the case and pursuant to Section 10 (c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, J. Lee Klesner, an individual, doing business as Jek Manufacturing Company, Al- liance, Nebraska, his agents, successors, and assigns, shall: 1. Cease and desist from : (a) Discouraging membership in American Federation of Labor, or any other labor organization of his employees, by discriminating in regard to the hire and tenure of their employment or any term or condition of employment. a 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. [Members Houston, Murdock, and Styles]. 99 NLRB No. 81. 215233-53-32