Chicago Pneumatic Tool Co.

174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD If a majority vote for the Petitioner , they will be taken to have indicated their desire to constitute a separate unit, which the Board finds, under the circumstances , to be appropriate for purposes of collective bargaining , and the Regional Director is instructed to issue a certification of representatives to the Petitioner for such unit . If a majority vote for the Intervenor, they will be taken to have indicated their desire to remain a part of the existing appropriate plantwide unit and the Regional Director is instructed to issue a certification of results of election to that effect. [Text of Direction of Election omitted from publication.] Member Beeson took no part in the consideration of the above Decision and Direction of Election. CHICAGO PNEUMATIC TOOL COMPANY and INTERNA- TIONAL ASSOCIATION OF MACHINISTS , AFL, Petitioner and UNITED STEELWORKERS OF AMERICA, CIO CHICAGO PNEUMATIC TOOL COMPANY and LOCAL UNION 116, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL , Petitioner and INTERNATIONAL ASSO- CIATION OF MACHINISTS and UNITED STEELWORKERS OF AMERICA, CIO. Cases Nos. 16-RC-1420 and 16-RC- 1425 . April 6, 1954 DECISION, ORDER, AND DIRECTION OF ELECTION Upon petitions duly filed under Section 9 (c) of the Act and thereafter consolidated , a hearing was held before John F. White, a hearing officer of the National Labor Relations Board. 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 is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations named below claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the re- presentation of certain employees of the Employer within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 4. The Employer ' s Fort Worth , Texas, plant, here involved, was constructed in 1953 to manufacture rock bits. To this plant the Employer plans to transfer the rock bit department of its Franklin , Pennsylvania , plant. At the time of hearing about 200 production and maintenance employees of a contem- plated employee complement of 500 were employed at Fort Worth with all classifications represented and all production 108 NLRB No. 36. CHICAGO PNEUMATIC TOOL COMPANY 175 functions being carried on. The new Fort Worth plant also houses a regional sales manager formerly located in Oklahoma City, and apparently employees of the sales department. There are also accounting , purchasing, and engineering functions carried on at the new plant. The Machinists by petition and the Steelworkers by inter- vention seek to represent a unit of production and maintenance employees. This type of unit exists at the Employer's Franklin, Pennsylvania, plant. The IBEW has $petitioned for a unit of ,.all maintenance electricians," and the Machinists and Steel- workers have intervened in that proceeding. The Machinists takes no position about the inclusion of electricians in the production and maintenance unit it seeks, but would wish to appear on the ballot if the Board should order a separate election among the electricians. The Employer and the Inter- venor urge that the only appropriate unit is an overall production and maintenance unit. The unit sought by the IBEW: At the time of hearing there were 4 maintenance electricians who, with approximately 11 other maintenance employees, are supervised by the plant engineer without separate supervision for their own work. The electricians maintain the electrical equipment in the plant, but do not rewind motors and apparently would not install or wire new equipment. They furnish only simple tools. There are 2 classifications of employment as an electric ian-electric ian A and electrician B. Although the Employer does hire electricians with experience in that field, it has no specific experience standard for hiring. It maintains no training program for elec- tricians and the requirements for progression from electrician B to electrician A do not appear. The record indicates that the electricians have a "headquarters" for their supplies within an area partitioned for maintenance supplies generally, but that there is no separate electrical shop. Their pay scale is comparable to that of other maintenance employees. They have the same hours and conditions of work as all other employees. On this record we are unable to find that the maintenance elec- tricians exercise the gamut of skills characteristic of the electricians' craft.i Accordingly, we shall grant the Employer's motion to dismiss the petition for a separate unit of electricians. The unit sought by the Machinists and the Steelworkers: In the overall production and maintenance unit the parties are not in agreement as to 3 categories: outside truckdriver, posting clerk, and clerk typist. The Steelworkers would include these employees in the unit, and the Machinists would exclude them. The Employer also would exclude them. The posting clerk and the clerk typist work in the shipping and receiving 'See Reed Roller Bit Company, 87 NLRB 314; see also American Potash & Chemical Corporation, 107 NLRB 1418; compare Screw Products Corporation of America, 106 NLRB 401; American Smelting and Refining Company, El Paso Smelting Works, 106 NLRB 244; Jefferson Chemical Company, Inc., 98 NLRB 805 17 6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD office with 2 other employees: the shipping clerk and the re- ceiving clerk. However, the 4 do nothave common supervision, the clerk typist and the receiving clerk being on the plant pay- roll, with supervision by the plant superintendent, and apparently being considered part of a receiving department. On the other hand the shipping clerk and the posting clerk are on the sales department payroll, and are supervised by the sales manager. The shipping clerk arranges for the shipping all articles and he is on call at all hours of the day and night. Part of his duty is to map routes for the outside truckdriver. The parties agree that the shipping clerk should be excluded from the production and maintenance unit. As to the truckdriver, it appears that there is only 1 such employee to deliver products out of the Fort Worth plant, but supervision over this classification comes from the sales manager. On the whole the record indicates that the outside truckdriver, the posting clerk, the clerk typist, and the receiving clerk all have duties dealing with shipping and receiving, and work in relatively close contact with each other. All except the truckdriver appear to be plant clerical employees. Therefore, despite the differences in supervision which exist with respect to these 4 employees, we shall include them in the production and maintenance unit. We find that all production and maintenance employees of the Employer at its Fort Worth, Texas, plant, including maintenance electricians, the clerk typist, the receiving clerk, the posting clerk, and the truckdriver, but excluding the shipping clerk, salesmen, office clerical employees, professional employees, guards, watchmen, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [The Board dismissed the petition in Case No. 16-RC-1425.] [Text of Direction of Election omitted from publication.] Member Beeson took no part in the consideration of the above Decision, Order, and Direction of Election. MISSION APPLIANCE CORPORATION and SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL 371, AFL and INTERNATIONAL BROTHERHOOD OF TEAM- STERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL 196, AFL, Joint Petitioners ."Case No. 21-RC-3461. April 7, 1954 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 Karl W. Filter, hearing officer. 'Herein called the Sheet Metal Workers and the Teamsters respectively. 108 NLRB No. 37.