Carboloy Department of General Electric Co.

596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD record that the writers of the Burns and Allen show of McCadden are employed steadily for a series of shows. There is no evidence that McCadden draws from a general writers' pool. Accordingly, we will adopt the normal eligibility period for the employees of McCadden, and all persons will be eligible to vote who were employed during the payroll period immediately preceding the date of the direction of elections herein, including employees who did not work because they were ill or on vacation or temporarily laid off. [Text of Direction of Elections omitted from publication.] CARBOLOY DEPARTMENT OF GENERAL ELECTRIC COM- PANY and INTERNATIONAL UNION, UNITED AUTO- MOBILE, AIRCRAFT, AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO), Petitioner and LOCAL UNION 107, INTERNATIONAL BROTHERHOOD OF ELEC- TRICAL WORKERS, AFL, Petitioner. Cases Nos. 7-RC-2009 and 7 -RC-2016. April 30, 1953 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed under Section 9 (c) of the National Labor Relations Act, hearings were held before Herbert C. Kane and Emil C. Farkas, hearing officers. The hearing officers' rulings made at the hearings 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[ Members Houston, Murdock, and Styles]. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the mean- ing of the Act. 2. The labor organizations involved claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the mean- ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. Carboloy is a department of General Electric, a New York corporation, and is engaged in the manufacture of cemented 1 After the hearing in case No. 7-RC- 2009, the 113E W filed its petition in Case No. 7-RC- 2016 and moved to reopen Case No. 7-RC-2009. The Board then ordered the two cases consolidated and the proceeding remanded to the Seventh Region for further hearing. The UAW and the Employer moved to dismiss the IBEW's petition on the grounds that they were not served with notice of the IBEW 's request to reopen Case No. 7-RC-2009. The record discloses that none of the parties was in any way prejudiced by the procedure or lacked opportunity to introduce evidence bearing on all the issues raised herein. Further, it has been determined by the Board that the IBEW had a representative showing of interest at the time of the hearing in Case No. 7-RC- 2009. Accordingly, we find without merit the conten- tion that due process was denied , and shall deny the motion to dismiss . See Pacific Metals Company, Ltd., 91 NLRB 696; Orkin Termite Company, Inc., et al., 79 NLRB 935. 104 NLRB No. 75. CARBOLOY DEPARTMENT OF GENERAL ELECTRIC COMPANY 597 tungsten carbide tools and alnico magnets. The IBEW seeks a maintenance unit of machine repairmen , trades and main- tenance helpers, electricians, and boiler and hydrogen em- ployees. If the Board should decide to include janitors and laborers in such a unit, the IBEW would accept them; the IBEW would exclude the trades and maintenance helpers if the Board deems that they are insufficiently skilled to be included in the unit. In Case No. 7-RC-2009 the Employer and the UAW-CIO stipulated to the appropriateness of a production and mainte- nance unit. However, the Employer moved to dismiss both petitions alleging that they were prematurely filed as its operations were expanding. We shall deny the Employer's motion for reasons stated hereafter. The unit sought by the IBEW would consist of 2 machine repairmen , 2 maintenance electricians, 2 trades andmainte- nance helpers, and 4 boiler and hydrogen operators. This group plus 6 janitors and 1 laborer are classified as mainte- nance employees by the Employer and are supervised by the maintenance foreman. The machine repairmen make minor repairs to machines located on the production floor, and may make minor parts, but do no major overhauling of machinery. The electricians do minor wiring of production machinery within the production area. They may also wire small panels. The Employer does not require machine repair- men or electricians to be journeymen craftsmen. The trades and maintenance helpers are unskilled employees who perform no actual operation themselves , but only assist the electricians and the machine repairmen. The janitors perform the usual janitorial duties, and the laborer carts refuse and performs general labor around the plant. The 4 boiler operators and hydrogen employees tend to the boilers used in heating the building and providing steam. They also make hydrogen as atmosphere for use in sintering , heat treatment , and other operations relating to the production process. All are licensed boiler operators. They are under the supervision of the mainte- nance foreman, but there is no interchange between them and other maintenance employees. There is no interchange between maintenance employees and production employees. We are of the opinion that the employees in the maintenance department possess interests in common, distinct from those of the production employees which are sufficient to warrant their original establishment in a separate unit . Thus, in the absence of bargaining history on a broader basis, we find that all employees in the maintenance department may constitute a separate appropriate unit for the purposes of collective bargaining. An overall production and maintenance unit may also be appropriate . We shall direct elections among the following groups of employees at the Employer's plant at Edmore, Michigan: (a) All production employees excluding office and clerical employees, professional employees, the maintenance employees included in voting group (b), guards, and supervisors as de- fined in the Act. 283230 0 - 54 - 39 598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) All maintenance employees including maintenance elec- tricians , laborers , janitors , maintenance repairmen , trades and maintenance helpers, and powerhouse employees, but excluding all other employees and supervisors as defined in the Act. If the employees in either group select a bargaining agent and their choice is different from the choice made by the other group, the Board finds they constitute a separate appro- priate unit. If the employees in both groups select the same bargaining agent, the Board finds that together they constitute a single appropriate unit. The Regional Director conducting the elections directed herein is instructed to issue a certifica- tion of representatives to the Union or Unions in the unit or units which may result from the elections. If the employees in either group select no bargaining agent, the Regional Director shall issue a certification of results of elections to such effect. 5. The Employer moved to dismiss both petitions on the ground that the alnico portion of the carboloy division is not yet in operation. To carry out the alnico operations the Em- ployer contemplates increasing its employees from 128 to 350 and adding about 45 new job categories. At the time of the hearing the shell of the building to house the alnico operations had been completed and some machinery installed. Hirings were to begin in March 1953 and the Employer expects the plant to be in actual operation by June 1953, and to reach a full complement of employees by the end of August 1953. It appears from these facts that by June 1953 a representative force will be employed. Therefore we shall deny the Em- ployer's motion to dismiss the petitions as premature. We shall provide for elections to be held during the month of June 1953, or on such earlier date to be selected by the Regional Director as it shall appear that a substantial and representa- tive number of employees are then employed in both the alnico magnet and the fabricating products operations, subject to submission by the parties of an adequate showing of repre- sentation in such representative group. Eligibility shall be determined by the payroll period immediately preceding the issuance of a notice of elections.2 [Text of Direction of Elections omitted from publication.] 2 See Weyerhaeuser Timber Company, 93 NLRB 887.