Armstrong Furnace Co.

616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1950-2nd quarter (65 days) Daily Rate: $20 x 65 ----------------------------- $ 1,300.00 Deduct : 1 holiday---------------------------- 20.00 Total back pay-2nd quarter------------------------------ $ 1,280.00 1950-3rd quarter (65 days) Daily Rate : $20 x 65----------------------------- $ 1,300.00 Deduct: 2 holidays--------------------------- 40. 00 Total back pay-3rd quarter------------------------------- 1,260.00 1950-4th quarter (33 days) Daily Rate: $20 x 33 -------------------------------------- $660.00 Gross Back Pay------------------------------------------------ $4,582.40 Interim Earnings Firms: Jack Lerner--------------------------------- $172.80 Kirk Johnson-------------------------------- 295.00 San Francisco Rug Company------------------ 65. 90 Total Interim Earnings ----------------------------------- 533.70 Net Back Pay------------------------------------------------- $4,048.70 The earnings of the discriminatee at the L D. Reeder Co. have been omitted from the above interim earnings computation , since his employment with the firm fell during a period in which, the record shows, he would not have been employed by the Respondent Company. [Recommendations omitted from publication.] ARMSTRONG FURNACE COMPANY and UNITED STEELWORKERS OF AMERICA, CIO, PETITIONER. ' ARMSTRONG FURNACE COMPANY and LOCAL No. 52, UNITED, TOOL AND DIE MAKERS OF AMERICA, NATIONAL INDEPENDENT UNION COUNCIL, PETITIONER. Cases Nos. 18-RC-2137 and 18-RC-2142. July 30, 1954 Decision, Order, and Direction of Election Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Ray C. Jenkins, hearing officer. 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 Act. 2. The labor organizations involved claim to represent certain employees of the Employer.2 ' The hearing officer referred to the Board the motion of the Employer and the Machinists to dismiss the Tool Makers' petition on the ground that the proposed unit is inappropriate. For the reasons hereinafter stated, this motion is granted. 2 Local No. 32, United Aircraft & Jet Engine Workers of America, National Independent Union Council , herein called Aircraft Workers, intervened on the basis of a current con- tract. International Association of Machinists , AFL, District Lodge 118, herein called 109 NLRB No. 99 ARMSTRONG FURNACE COMPANY 617 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 Steelworkers, Machinists, and Employer contend that the only appropriate unit is one of production and maintenance em- ployees. The Tool Makers seeks to sever therefrom the employees in department 900, which is the tool and die department. Aircraft Workers, the current representative of the production and mainte- nance employees and their representative since at least 1951, does not oppose the requested severance. In American Potash and Chemical Corporation 3 the Board said : "A craft group will be appropriate for severance purposes where a true craft is sought and where, in addition, the union seeking to represent it is one which traditionally represents that craft." However, in the light of the Board's decision in Elgin National Watch Company, Wadsworth Division, 109 NLRB 273, just issued, there is no show- ing in this record that the Tool Makers is a union which meets the traditional union test as enunciated by the Board. Accordingly assuming, without deciding, that the tool- and die-makers sought by the Tool Makers constitute a true craft group, the propriety of sev- erance of this group has not been established.' We shall therefore dismiss the petition in Case No. 18-RC-2142. With respect to the Steelworkers' petition, it seeks an election in the existing production and maintenance unit which is clearly appro- priate. We therefore find that the following employees of the Em- ployer constitute a unit appropriate for purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees at the Employer's Des Moines, Iowa, plant, including watchmen,5 but excluding office cler- ical, plant clerical and professional employees, guards, foremen, as- sistant foremen, and all other supervisors as defined in the Act. [The Board dismissed the petition in Case No. 18-RC-2142.] [Text of Direction of Election omitted from publication.] MEMBER PETERSON took no part in the consideration of the above Decision, Order, and Direction of Election. Machinists , intervened on the basis of a showing of interest . The Petitioner in Case No. 18-RC-2137 is herein called Steelworkers , and the Petitioner in Case No. 18-RC-2142 is herein called Tool Makers s 107 NLRB 1418. As stated in the American Potash case , footnote 3 supra, "the petitioner must assume the burden of establishing the facts which justify severing a smaller unit from the plant- wide unit in existence in the plant." 5 The parties stipulated that the watchmen are not guards within the meaning of the Act.