Food Machinery and Chemical Corp.

116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Act, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication in this volume.] FOOD MACHINERY AND CHEMICAL CORPORATION and INTERNATIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA, LOCAL No. 164, AFFILIATED WITH THE INTERNATIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA, AFL, PETITIONER. Case No. 0O-RC-179.. October 28, 19.52 Decision and Direction of Election Upon a petition duly filed, a hearing was held before John H. Immel, 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 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 Peterson.] 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. 3. The Intervenor, International Association of Machinists, Dis- trict Lodge No. 93, Local Lodge No. 504, the present contracting union, contends that a union-authorization election, held in October 1949, in which some of the employees included in the group sought as a unit by the Petitioner participated, is a bar to an election in, the present proceeding.' This contention clearly lacks validity in that the Board does not regard a union-security referendum as that type of election which for 1 year thereafter will bar a representation election? Furthermore, the referendum election took place more than 2 years before the date of the filing of the petition herein and cannot, therefore, bar the present proceedings. We find that a question affecting commerce 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. 1 See Labor Management Relations Act, 1947, Section 9 (c) (3) which provides that "no election shall be directed in any bargaining unit or any subdivision within which, in the preceding twelve-month period , a valid election shall have been held." 2 Baker Ice Machine Company, 86 NLRB 385. 101 NLRB No. 33. FOOD MACHINERY AND CHEMICAL CORPORATION 117 4. The Petitioner seeks a unit comprising all the Employer's em- ployees in the aluminum shop of the Employer's John Bean western division. The Petitioner, in support of its unit request, contends that the aluminum shop employees are entitled to separate representation upon the ground that they are essentially a craft group engaged in the type of work normally performed by molders and coremakers in a foundry. The Employer and Intervenor contend that the only appro- priate unit is that which is now represented by the Intervenor and presently includes, besides the aluminum shop employees, all produc- tion and maintenance workers in the Employer's plants located in San Jose, California. In support of their position, the Employer and Intervenor contend that the operations in the aluminum shop are repetitive in nature and, not requiring the normal craft skills of foundry workers, do not permit the employees engaged therein to qualify for severance as a craft group. The Employer's Operations The Employer operates, in the city of San Jose, California, four divisions all of which are separately housed and are engaged in sepa- rate enterprises making distinct and different products. The John Bean western division, which is involved herein, is engaged, among other things, in the manufacture of agricultural spraying equipment, fire-fighting equipment, packinghouse equipment, and the "Shur-rane Irrigation System," a portable overhead system of irrigation. The aluminum shop, which is a part of this division and where the group herein concerned is employed, is engaged, for the most part, in sand- casting aluminum parts for the aforesaid irrigation system. The only other function of the aluminum shop is the die casting a of hub caps for tanks manufactured by the separate ordnance division. The aluminum shop is physically separated from the rest of the plant and operates under separate supervision. Aluminum shop em- ployees have distinct interests, and have duties which do not bring them into contact with the employees from other departments or divi- sions, as the only time when it becomes necessary for the aluminum shop employees to leave the shop in the course of work is to obtain pat- terns which are made and stored elsewhere. Although there is some evidence of interchange of employees when work is slack in either the aluminum shop or other departments, such interchange takes place only among employees who are laborers or who possess few skills. The end products of the aluminum shop are sent directly to the shipping 8 The die casting operation occupies the time of only one employee. 4 The Intervenor' s business representative admitted that the aluminum shop employees had separate and distinct grievances peculiar to their own group and that they were arranging for their own shop steward. 118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD department and are not processed or assembled anywhere else in the plant. The Employer's Bargaining History The Intervenor was first certified in 1942 as the bargaining repre- sentative for the production and maintenance unit it now represents. When the aluminum shop was opened in September 1950, and recruit- ment of workers therefor was commenced, the Employer addressed a letter to the Intervenor relating its intentions to open the shop, setting forth its chief functions, and requesting the Intervenor's written con- sent or refusal to represent the workers in the aluminum shop under a master contract aand supplemental agreement 5 between the Intervenor and a multiemployer association, the Santa Clara County Machine Shop Employers Association,6 of which the Employer was a member. The Intervenor, in writing, informed the Employer that the proposed work of the aluminum shop would qualify its employees for member- ship in the over-all production and maintenance unit represented by Intervenor. As a result, all of the persons, other than supervisors, engaged in the operation of the aluminum shop either became mem- bers of the production and maintenance unit after being hired, or merely retained membership therein upon being transferred from some other department of the Employer's division. No opportunity was ever given to the aluminum shop employees, as a group, to choose their own bargaining representative. The Craft Character of the Aluminum Shop Employees The record reveals that the employees in the aluminum shop pro- duce castings which, for the most part, are couplers and fittings for the "Shur-rane" system and are made in long runs and are classified into five main series. Except for differences in size, the components of one series are similar to those of the other series. Although with some exceptions, these components are molded in the same size flask, they do require the application of some variety of patterns. How- ever, the employees engaged in molding are not required to exercise the resourcefulness that would be expected of molders in a foundry where the products differ greatly in form and size. In addition, the Employer has installed machinery which, to an extent, eliminates some of the traditional hand operations at one time common to all foundries. The Employer claims that it does not require any foundry experience of applicants seeking work in the aluminum shop and, furthermore, "The supplemental agreement amends the master contract as it applies to the Employer. "This multiemployer association, having been served with notice of this proceeding, and having failed to answer or appear at the hearing, is deemed to have waived its interest in this proceeding. Moreover, it is well to note that none of the members of the associa- tion, aside front the Employer herein, maintains any type of foundry operation. FOOD MACHINERY AND CHEMICAL CORPORATION 119 does not maintain an apprenticeship program for unskilled aluminum shop employees. Moreover, men have been trained for positions as squeezer operators (molders), coremen (coremakers), and furnace operators (the three jobs requiring the most skills) in periods of ap- proximately 2 months. The most skilled employees in the aluminum shop are classified by the Employer in a pay group considerably lower than skilled employees in other so-called craft groups in the division. The foregoing would indicate that the aluminum shop employees do not have or exercise craft skills. On the other hand, the record also clearly indicates that the work performed in the aluminum shop is foundry work. Thus, the squeezer operators, who are actually molders, perform the exact work and operate in the same manner, step by step, as do the molders in foundries. The same is true insofar as the coremakers and furnace operators are concerned. The record discloses that the machinery found in the shop is much the same as that used in most modern, well-equipped job foundries, where workers performing similar operations to those in the aluminum shop are con- sidered craftsmen. In this respect, there is testimony to the effect that the squeezer operators had made up a number of somewhat diffi- cult samples and had performed some traditionally skillful floor work as well as bench work, thereby exhibiting resourcefulness not ordi- narily expected of unskilled foundry workers. Moreover, uncon- troverted testimony reveals the fact that two of the shop employees, who applied for work with the Employer and were at first summarily refused, were recalled and immediately placed at work in the alumi- num shop when it was learned by the Employer that the applicants had some foundry experience. Further testimony, although not en- tirely uncontroverted, indicates that at least 2 of the 30-odd workers in the aluminum shop had been told by the foreman that any squeezer operator or coremaker then employed in the aluminum shop could qualify as journeymen molders in any foundry in the San Francisco Bay area. From this testimony it would appear that although the Employer has not designated the aluminum shop as a foundry, nor classified the employees thereof as foundry workers, it does, in prac- tice, regard the operation as a foundry of the type requiring the use of craft skills. By reason of the foregoing, we conclude that the employees in the aluminum shop perform work and exercise skills which are essentially craft in character. Accordingly, although such employees do not possess or practice all of the traditional skills associated with the molders and coremakers craft,' we believe that, because they comprise * The fact that foundry workers do not necessarily exercise the entire gamut of skills within the molders and coremakers craft or that certain skills are no longer needed because of technological improvements in the industry, does not prevent such groups 120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD a craft group of the type to whom we have frequently awarded sev- erance," they may, if they so desire constitute a separate appropriate unit. We shall direct a self-determination election for the following employees of the Employer: 9 All foundry production employees, including helpers and appren- tices, engaged in the making and processing of aluminum castings, but excluding the inspector and his helper,10 office and clerical em- ployees, all other production and maintenance employees, and super- visors as defined in the Act. If a majority vote for the Petitioner, they will be taken to have indicated their desire to constitute a separate appropriate unit, and the Regional Director conducting the election directed herein is in- structed to issue a certification of representatives to the Petitioner for the voting group heretofore described which the Board, under such circumstances, finds to be an appropriate unit for purposes of collective bargaining. In the event a majority vote for the Inter- venor, the Board finds the existing unit to be appropriate and the Regional Director will issue a certification of results of election to such effect. [Text of Direction of Election omitted from publication in this volume.] constituting appropriate units. Texas Foundries, Inc, 83 NLRB 679; National Farm Machineru Cooperative, Inc., 88 NLRB 125; Goslin-Birmingham Manufacturing Company, 84 NLRB 957 8 The Fayscott Corporation, 78 NLRB 1256; W. A. Jones Foundry & Machtne Co., 83 NLRB 211 ; United States Pipe & Foundry Co ., 87 NLRB 115. 9 By reason of the fact that no other member of the association conducts an operation similar to the one herein involved , the unit described is limited to employees of the Employer rather than expanded to be coextensive with the multiemployer association, Members of The California State Brewers Institute , 90 NLRB 1747. Cf Pacific Coast Association of Pulp and Paper Manufacturers , 94 NLRB 477, where although only one member of a multiemployer association conducted a lithographic operation , the Board granted craft severance for a broad unit coextensive with the association. In that case the petitioner sought the broader unit whereas in the instant case the Petitioner seeks a single employer unit 30 The record discloses that the inspector and his helper , whom the Petitioner would include and the Employer exclude, perform inspection duties in other departments of the John Bean western division and are separately supervised They are therefore excluded from the voting group. TILE COLEMAN COMPANY, INC. and INTERNATIONAL UNION, UNITED Au'rOMOBII,E, AIRCRAFT & AGRICUI.TUR.1L IMPLEMENT WORKERS OF AMERICA (UAW-CIO) , PETITIONER. Case No. 17-RC-1329. Oc- tober 28,19592 Decision and Certification of Representatives Pursuant to a stipulation for certification upon consent election, an election by secret ballot was conducted on August 15, 1952, under 101 NLRB No. 51