Emerson Electric Co.

EMERSON ELECTRIC COMPANY 303 Assistant mill foreman: The assistant mill foreman assumes all the powers and duties of the mill superintendent during the latter's in- frequent absences as occasioned by illness or vacations. At all other times, the assistant mill foreman is a millwright employee with no supervisory authority. Because it appears that whatever supervisory authority possessed by the assistant mill foreman is exercised only sporadically, we find that he is not a supervisor within the meaning of the Act."' Accordingly, we shall include the assistant mill foreman in the unit. We find that the following employees of the Employer at Clover- dale, California, 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 of the sawmill, planing mill, dry kilns, and yard, including allied facilities such as the power- house, moulding department, and siding plant, and including stock- holder-employees and the "assistant mill foreman," but excluding the woods department employees, officers and directors, general man- ager, assistant general manager, sales manager, office manager, mill superintendent, yard and planing mill superintendent, department heads such as pond foreman, powerhouse foreman, pipe and fire- protection system foreman, electrician foreman, green-chain foreman, head filer, head machinist, carpenter foreman, head millwright, garage foreman, yard foreman, moulderman, head grader in the siding de- partment, head grader in the planing mill, shipping clerk, and night planerman, office and clerical employees, professional employees, guards, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication in this volume.] n B. F. Goodr4oh Company, 92 NLRB 575. EMERSON ELECTRIC COMPANY 1 and INTERNATIONAL ASSOCIATION OF MACHINISTS DISTRICT No. 9, AFL, PETITIONER . Case No. 14-RC- 2030. January 15,1953 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Roy V. Hayden, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. I The name of the Employer appears as amended at the bearing. 102 NLRB No. 33. 304 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 this case to a three-member panel [Members Houston, 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 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.2 4. The Petitioner seeks to sever, from an existing multiplant unit,3 a group of tool and die makers, toolroom machinists, their apprentices, and machine repairmen possessing and using the related skills of the machinists craft.4 In the alternative, the Petitioner is willing to represent any machinists craft unit which the Board may find to be appropriate. The Employer and the Intervenor contend that the unit sought is inappropriate because of the history of collective bar- gaining on a broader basis.5 Moreover, the Intervenor alone contends that the unit sought is inappropriate because the requested unit seeks to include only a segment of a craft by excluding other employees exercising similar skills. The Employer, a Missouri corporation, is engaged in the production and sale of fans, motors, welders, power saws, and related equipment at its St. Louis plant, hereinafter referred to as the West Florissant plant. Its Washington Park, Illinois, plant is engaged in armament production for the United States Government. These operations are 2 Although the International Union of Electrical , Radio & Machine Workers, Local 11,02, CIO, hereinafter called the Intervenor , agrees that showing of interest is an admin- istrative matter. it nevertheless requests the Board to order the Regional Director to recheck the showing in view of the Petitioner 's firal unit contention As this request is little more than a collateral attack upon the Board's finding , which the Board in accord- ance with well-established policy has found to be matter for administrative determination, we deny this request Charles A. Krause Milling Co , 97 NLRB 536 Moreover, we are satisfied that the Petitioner has made an adequate showing in the unit herein found appropriate. 8 No issue is raised as to the multiplant scope of the unit sought 4 At the hearing and in its brief the Petitioner indicated that it seeks specifically to represent all employees in the following classifications in the various plant stations indi- cated. All tool and die makers AA , A, B, all tool and die tryout men A , and their apprentices , but excluding all other employees in station 414, the St Louis plant; all tool and die tryout men A and B, but excluding all other employees in station 826, the Washington Park plant ; all group leader-experimental precision machinists , experimental precision machinists A and B, but excluding all other employees in station 292, the St. Louis plant ; all machine repairmen-group leaders, machine repairmen A and B, but excluding all other employees in station 464, the St. Louis plant and all machine repairmen -group leaders , and machine repairmen A and B in station 722. Washington Park plant. 5 Since 1937 the Intervenor has represented all of the production and maintenance employees at the West Florissant plant on a single-plant basis, and since 1948, with the establishment of the Washington Park plant , on a multiplant basis. The present contract expired on October 1, 1952. It is not asserted as a bar by any of the parties EMERSON ELECTRIC COMPANY 305 organized for administrative purposes into electrical, works armament, and armament sales and engineering departments, respectively. The electrical and works armament departments are under the immediate supervision of assistant works managers who, in turn, are responsible to the general works manager. On the other hand, the armament sales and engineering department is under a manager who is directly respon- sible to the president of the Company. These departments are divided into divisions, and are further subdivided into stations. The Em- ployer employs approximately 3,600 production and maintenance employees. Of the approximately 192 employees sought by the Petitioner, there are about 148 employees in the toolroom of the West Florissant plant, including the 16 employees in the electrical experimental shop (station 417),8 located in building T (station 414) ; 79 in the armament experi- mental shop, which is part of the armament sales and engineering department, although located in the West Florissant plant, building L (station 292) ; 51 in the machine-repair unit of the West Florissant plant, located in building T (station 464) ; 31 in the toolroom of the Washington Park, Illinois, plant (station 826) ; and 10 in the machine- repair unit of the Washington Park plant (station 722). Toolrooms Tool and die makers and machinists: The tool and die makers AA, A, B, tool and die tryout men A, at the West Florissant plant; tool and die tryout A, B, at the Washington Park plant; and group leader- experimental precision machinists and precision machinists A, B, of the armament experimental shop all use the customary machine and hand tools of the machinists and tool and die makers trade. Their chief function is to fabricate tools, dies, jigs, and fixtures. They are required to work to very close tolerances. The employees in the top grades of these classifications are required to have a knowledge of mathematics, and frequently work from drawings and sketches. Al- though the record reveals that a number of these employees were trans- ferred to their present job from other plant positions, it is clear that all of them have had previous training or experience based upon an apprenticeship or comparable on-the-job training. It is also clear from the record that these employees perform the traditional work of the machinists craft and the related work of the tool and die workers craft, involving a high degree of craft skill. Insofar as seniority rights and priority in job bidding are concerned, the employees in these classifications are treated as the same occupational group. We The electrical experimental shop and toolcoom-of, tthe west Florissant plant are admin. istratively within the methods engineering division, and under the supervision of the same machining superintendent. 306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD find that these employees compose a craft group that may, if they so desire, be severed from the existing multiplant production and mainte- nance unit.7 The Petitioner would exclude and the Intervenor include, except for the electrical shop employees and sheet-metal workers, the following classifications of employees in the toolroom. The Employer takes no position. Experimental shop machinists: There are 11 experimental shop ma- chinists employed in the armament experimental shop. The record reveals that, although most of these employees have graduated into their present positions from the production departments, they are required to have the equivalent training of the precision machinist B. The record further reveals that these employees perform work similar to that of the experimental precision machinists A and B, although it is less complicated. They are also required to work to close tolerances almost entirely from blueprints and sketches. Although the record indicates that these employees are not as skilled as the highest skilled machinists in the plant, it reveals further that they possess and exercise the normal skills of the machinists craft. We therefore shall include them.8 Electrical experimental shop employees: Although the employees in the electrical experimental shop utilize the same machines usually found in a toolroom, they are not, however, engaged in tool work. The record shows that there are 11 lathe and bench operators who build simple motors, machine lots, and do regular production work. In addition, there are 3 lathe and bench operators who are primarily en- gaged in fabricating machinery parts for motors, and who have on occasion repaired jigs. There are also °L dispatchers whose duties con- sist of following up sample motor parts throughout the plant. As these employees are engaged in work of a repetitive or routine nature, and do not possess or exercise the skills associated with the machinists and tool and die makers craft, we shall exclude them.0 Sheet-metal workers: Although these employees, comprising sheet- metal tool-metal repairmen A and B, experimental sheet-metal me- chanics, are skilled, they are primarily concerned with sheet-metal work which requires greater use of hand tools and less use of precision tools. They do not possess or exercise the skills usually associated with the machinists and tool and die makers craft. They are in an occupational category different from that of the machinists and tool and die makers insofar as seniority rights and priority in job bidding are concerned . We therefore shall exclude them 10 4 Wagner Electric Corporation, 99 NLRB 815, and cases cited therein. 8 Ibid. 0Ibid. 30 Cf Richardson Scale Company, 101 NLRB 150. EMERSON ELECTRIC COMPANY 307 Other toolroom employees: There are also jig bore operator, A, B; engine lathe operators, A, B; toolroom welders A; heat treaters A; external grinders B; heat treaters senior; and kirksite form and die makers. All of these employees, except the heat treat helper who is engaged in production work at the West Florissant plant, are func- tionally engaged in the making and maintenance of tools, dies, jigs, and fixtures. Except for the tool crib attendants and foremen's clerks, all of them are almost continuously engaged in the performance of specialized machine operations and the use of their respective machines and tools, requiring less skill that the tool and die makers and ma- chinists craft. The record shows that these employees are not auto- matically promoted to the classifications of machinists and tool and die makers. Such promotions are made on the basis of skills and ex- perience acquired by training within and without the Company. When an opening occurs in the toolroom occupational category the job is posted. The employees in the toolroom occupational category are given the first opportunity to bid for the job. If, however, in the opinion of the foreman, none of these employees is qualified, all of the employees in the plant can bid for the job. If the foreman cannot find a qualified employee among all of the employees in the plant, the employee will be hired from the outside. As these less skilled classifications of toolroom employees, discussed above, are essentially engaged in repetitive tasks of a routine nature, and do not possess or exercise the skills of the machinists and tool and die craft, we shall exclude them."' Machine Repair Shops Machine repairmen: There are 5 group leader machine repairmen, 39 machine repairmen A, and 5 machine repairmen B, whom the Peti- tioner would include. The Employer and the Intervenor take no position. The machine repairmen are part of the maintenance division of each plant, and are part of that occupational category for purposes of seniority and of priority for job bidding. The group leader machine repairman and the machine repairmen A and B at both the West Florissant and the Washington Park plants tear down and rebuild machinery, and manufacture and repair tools and parts for the ma- chinery of the plants.12 The employees in the West Florissant plant do most of their work within their own workshop. On the other hand, the employees in the Washington Park plant do more work outside their own workshop because of the lack of equipment. Moreover, the '1 Supra, footnote 7; Westinghouse Electric Manufacturing Corporation , 101 NLRB 441. 12 The record shows that there are 12 oilers in the maintenance repair station of the West Florissant plant. These employees keep the machinery of the plant oiled . They do not, however, engage in any machine repair work. 308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD machine repair employees who work on the night shift are not always under the supervision of supervisors of their own craft, and in emer- gencies these employees may be required to do maintenance work re- quiring the skills of other crafts. The record reveals that the group leader machine repairmen are the highest skilled machine repairmen. The machine repairmen are required to have 4 to 5 years of machine shop experience, or its equivalent. They use the precision machines, power tools, and hand tools usually associated with the machinists craft. Moreover, they are required to work to very close tolerances and read drawings. The machine repairmen B possess similar skills and use similar tools, but their work is less complex. Notwithstanding the fact that these employees work alongside, or occasionally in conjunction with, employees in other crafts, they never- theless primarily work within the ambit of their own craft. The Board has held that employees engaged in craft work of a distinctive character, although they work in close association with other em- ployees, or occasionally engage in work outside of their own craft, may constitute separate bargaining units.13 As these employees possess and exercise the skills of the machinists craft, we shall include them in the unit. Although the Intervenor asserts that the proposed unit does not include all employees having skills and performing similar duties, it directs our attention to no other such employees apart from those discussed above. Nor does the record disclose the presence of any other such employees. Accordingly, the Intervenor's motion to dismiss the petition for this reason is denied, and we shall direct an election among the employees in the following voting group who may con- stitute a separate appropriate unit, if they so desire : All machinists and tool and die makers employed by the Employer at its West Florissant and Washington Park plants; including tool and die makers AA, A, and B, tool and die tryout men A, tool and die tryout A and B, group leader experimental precision machinists, experimental precision machinists A and B, experimental shop ma- chinists, group leader machine repairmen'14 machine repairmen A and Is The Baldwin Locomotive Works, Eddystone Division , 89 NLRB 403, and cases cited therein. Jefferson Chemical Co., Inc., 98 NLRB 805. 14 The record reveals, however , that there is one group leader on the day shift of the West Florissant plant who assists the foreman and assistant foreman in the assignment of work. His duties consist of the supervision of the work of approximately 24 machine repairmen . Although he may assist employees who encounter difficulty from time to time, he does no machine repair work himself . Although he does not have the power to hire and discharge employees, he does have the power to recommend such action . Moreover, he has the power to discipline employees. As this group leader has the power to discipline and to recommend with respect to hiring and discharging of employees , and exercises in- dependent judgment in the assignment of work, «e find that he is a supervisor within the meaning of the Act. We therefore exclude him from the unit Cf. Elyria Telephone Company, 96 NLRB 162 ; Warren Petroleum Corporation , 96 NLRB 1428. ROYAL CROWN BOTTLING COMPANY OF PUERTO RICO 309 B, and their apprentices; 15 but excluding jig bore operators A and B, engine lathe operators A and B, toolroom welders A, heat treaters A, external grinders B, heat treaters senior, lathe and bench operators, kirksite form and die makers, sheet metal tool repairmen A and B, experimental sheet metal mechanics, all other employees, and all 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 unit described above which the Board, under such circum- stances, finds to be appropriate for purposes of collective bargaining. In the event a majority vote for the Intervenor, 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.] 15 The Employer maintains a formal apprentice program for 8 to 10 apprentice tool and die makers, which is approved by the Department of Labor. ROYAL CROWN BOTTLING COMPANY OF PUERTO Rico and UNION DE TRABAJADORES DE LA INDUSTRIA DE LA ROYAL CROWN COLA (FLT), PETITIONER. Case No. 24-RC-462. January 15, 1953 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Roy J. Cohen, hearing offi- cer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Employer, a Puerto Rican corporation, has an exclusive franchise from Nehi Corporation of Columbus, Georgia, for the bot- tling and distribution of Royal Crown beverages on the islands of Puerto Rico and Vieques. During 1951, the Employer received ship- ments of syrup, advertising material, and bottle caps valued at approx- imately $60,000 from outside Puerto Rico. During the same period, the Employer made sales valued at approximately $200,000, all within Puerto Rico. We find, contrary to the contention of the Employer, that it is engaged in commerce within the meaning of the Act." 1 Royal Crown Bottling Company of Puerto Rico, 93 NLRB 371. 102 NLRB No. 50. 250983-vol. 102-53-21