General Electric Co.

744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD clerical employees, guards, and all supervisors as defined in the Act, constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication.] GENERAL ELECTRIC COMPANY ( FITCHBURG WORKS ) and LOCAL 86, INTERNATIONAL UNION OF OPERATING ENGINEERS , AFL, PETI- TIONER. Case No. 1-RC-3655. November 3,1954 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 Robert S. Fuchs, 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 em- ployees 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. 4. The Petitioner seeks to sever from the existing production and maintenance unit, a unit of powerhouse employees at the Employer's Fitchburg, Massachusetts, plant, including all licensed steam en- gineers 2 and firemen, and all powerplant maintenance men. The Intervenor asserts that the requested unit is not appropriate, con- tending that it is not a functionally separate and distinct unit, and that the production of the high-pressure boilers is integrated with the production processes. The Employer takes no position as to the appropriateness of the proposed unit. The Employer is engaged in the manufacture of steam turbines and superchargers at its Fitchburg works. The main powerhouse, which is separately located on the plant premises, contains two B & W high-pressure steam boilers, related auxiliary equipment, and air compressors. In addition to the powerhouse, the Employer main- tains a high-pressure boiler located in the center of building 2, where the turbines are manufactured. The boiler is segregated from the 'International Union of Electrical, Radio & Machine Workers, Local 286, CIO, herein called the Intervenor, was permitted to intervene on the basis of its current contract with the Employer. 2 No employees are classified as steam engineers at this plant. 110 NLRB No. 118. GENERAL ELECTRIC COMPANY 745 production areas by a high steel fence. No one is permitted within this enclosure except powerhouse employees. The boiler in building 2 requires steam from the powerhouse to put it into operation. Steam from the powerhouse is used for heating the various buildings, as well as the tanks used in the manufacturing processes, and for test- ing the turbines manufactured by the Employer. The steam pro- duced by the high-pressure boiler in building 2 is used to test the high-pressure turbines manufactured by the Employer. The com- pressed air is used to operate powertools used in the manufacture of the turbines. It is also used for the automatic controls on the Em- ployer's powerhouse and high-pressure equipment. There are 13 employees, including 5 head firemen, 6 firemen, 1 class B steamfitter and plumber, and 1 maintenance mechanic, who work under the immediate supervision of the powerhouse foreman. The Employer requires that all firemen be licensed by the Commonwealth of Massachusetts as a condition of employment in the powerhouse. Under the laws of Massachusetts, it is necessary to pass examinations before licenses are granted. Three of the head firemen hold third- class engineers' licenses, 1 holds a second-class engineer's license, and 1 holds a first-class fireman's license. One of the firemen holds a third- class engineer's license. The remainder of the firemen hold second- class firemen's licenses. The powerhouse is the general work area of the powerhouse em- ployees. No other employees use the powerhouse facilities. There is no interchange of employees or duties between the powerhouse and the remainder of the plant. None of the powerhouse employees have anything to do with the Employer's production processes other than the supplying of steam and compressed air. The firemen perform the duties customarily associated with their job classifications. The maintenance machanic repairs any breakdowns in powerhouse equip- ment. The class B steamfitter and plumber assists the maintenance mechanic. These two employees do not repair any of the manufac- turing equipment used to produce the Employer's finished products. They work only on equipment that is connected with steam or air compression operations. It is clear from the record that the employees sought to be repre- sented by the Petitioner constitute a functionally distinct and separate group, with related tasks and interests. The Board has found that such a departmental group is entitled to a self-determination election despite a history of bargaining on a broader basis.3 Moreover, the Petitioner is affiliated with a union which historically and traditionally represents such powerhouse units. The fact that the powerhouse pro- 9 Natvar Corporation, 109 NLRB 1278 ; Pioneer Dvvision, the Fiintkote Company, 109 NLRB 1273; Stauffer Chemical Company, 108 NLRB 1037 ; New England Confectionery Company, 108 NLRB 728; Westinghouse Electrio Corporation, 108 NLRB 556. 746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD duces steam which is used to test the Employer's manufactured prod- ucts, and that steam is essential to make such tests, does not militate against the propriety of this unit 4 There are 3 restroom attendants and 1 class A steamfitter and plumber who are temporarily assigned to work under the supervision of the powerhouse foreman. The Petitioner does not seek to repre- sent these employees because they are not functionally a part of the powerhouse unit. These employees were assigned to work under the powerhouse foreman when the department in which they were work- ing was split up because of a manufacturing cutback ; other employees in that department were temporarily assigned to work under different foremen. All of them are to be returned to that department when business conditions warrant the reassignment of a foreman to head the department. The duties of these employees are not in any way con- nected with the powerhouse, and they have little contact or interests in common with the powerhouse employees. The work of the class A steamfitter and plumber is connected with the plumbing and re- placement of water lines in the sanitary system, and related work in the main manufacturing buildings. He does not report to the power- house foreman every day. Other foremen contact him directly when there is work for him to do. He then does this work without any di- rect orders or supervision from the powerhouse foreman. Under these circumstances, we shall exclude these employees from the unit. In view of the foregoing, and upon the entire record, we find that the following employees may, if they so desire, constitute a separate appropriate unit for the purposes of collective bargaining : All power- house employees at the Employer's Fitchburg, Massachusetts, plant, including all licensed head firemen and firemen, the maintenance me- chanic and the class B steamfitter and plumber, but excluding the rest- room attendants, the class A steamfitter and plumber, all production and maintenance employees, professional employees, guards, and su- pervisors. We shall, however, make no final unit determination at this time, but shall first ascertain the desires of these employees as expressed in the election hereinafter directed. If a majority vote for the Peti- tioner, 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 instructed to issue a certification of repre- sentatives to the Petitioner for the unit described above, which the Board, under such circumstances, finds to be appropriate for the pur- poses of collective bargaining. In the event that a majority vote for 4 Procter & Gamble Manufacturing Company, 109 NLRB 315; The Formica Company, 109 NLRB 964 ; Consolidated Vultee Aircraft Corporation, Pomona Divisson, 108 NLRB 159; American Potash & Chemical Corporation, 107 NLRB 1418. EAGLE IRON AND BRASS COMPANY 747 the Intervenor, they may continue to be represented by it as a part of the existing production and maintenance unit, and the Regional Director is instructed to issue a certification of results of election to such effect. [Text of Direction of Election omitted from publication.] EAGLE IRON AND BRASS COMPANY and INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, AFL, PETITIONER. Case No. 10-RC-2860. November 3, 195. Decision and Direction of Election Upon a petition duly filed, a hearing was held before 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. 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 Farmer 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 organization named below claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer 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 employed by the Em- ployer at its Sylacauga, Alabama, plants, including patternmakers, patternmakers' apprentices, maintenance workers, carpenters, welders and welders' helpers, lathe operators, truckdrivers, -furnace operators, ladle and mold setup men, saw operators, shell-mold workers, shipping and receiving clerks, leadmen, and laborers, but excluding corporate 2 We have asserted jurisdiction as the record shows that the Employer annually sells within the State to Rudisill Foundry Company forged tools valued at more than $100,000, that these tools are directly utilized by Rudisill in the manufacture of a product , and that Rudisill's direct interstate sales exceed $50,000 annually. Jonesboro Grain Drying Coop- erative, 110 NLRB 481. 110 NLRB No. 123.