Hughes Aircraft Co.

504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD more, Maryland, including floor directors and artists , but excluding porters, guards, professional employees, and supervisors as defined in the Act. If the Painters desires to participate in an election in this unit, it may have its name placed on the ballot by so requesting the Regional Director within 5 days from date of this decision. [The Board dismissed the petition in Case No. 5-RC-1878.] Hughes Aircraft Company I and United Association of Journey- men and Apprentices of the Plumbing and Pipefitting Industry of United States and Canada, Local 545,2 Petitioner and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of United States and Canada, Refrig- eration Fitters Branch, Local 250 3 and Sheet Metal Workers International Association , Local Union No. 170, Joint Petition- ers and Locals 250 and 545, and Sheet Metal Workers Interna- tional Association, Local Union No. 170,4 Joint Petitioners. Cases Nos. 21-RC-4103, 21-RC-4098, and 21-RC-4112. Febru- ary 20,1956 DECISION, ORDER, AND DIRECTION OF ELECTION Upon separate petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Ben Grodsky, 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 these cases, 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.' 1 The Employer's name appears as amended at the hearing. Hereinafter called Local 545. s Hereinafter called Local 250. 4 Hereinafter called the Sheet Metal Workers. The hearing officer allowed the Sheet Metal Workers to Join Local 250 and Local 545 as Joint Petitioners in Cases Nos. 21-RC-4098 and 21-RC--4112. The Intervenor, Aircraft Industrial Workers Local 1553, AFL-CIO , questioned the sufficiency of the Sheet Metal Workers ' showing of interest and moved to dismiss the petitions on that ground. As a labor organization's showing of interest is an administrative matter to be determined solely by the Board, the motion to dismiss is denied. General Electric Company, Distribution Transformer Department, 110 NLRB 992 . Moreover , we are administratively satisfied that the Sheet Metal Workers' showing of interest was adequate. s At the hearing the Intervenor contended that its November 9, 1953, collective-bargain- ing contract with the Employer, covering the Culver City and Los Angeles Airport site 115 NLRB No. 77. HUGHES AIRCRAFT COMPANY - 505 4. In Case No. 21-RC-4112 the Petitioners seek to sever from an existing production and maintenance unit, "employees in air-condi- tioning and refrigeration department, including air-conditioning and refrigeration mechanics, maintenance plumbers, and sheet metal workers, maintenance, in the deparment." In the alternative, they urge the severance of separate units of (a) sheet metal workers, (b) plumbers, and (c) air-conditioning and refrigeration mechanics.' The Employer and the Intervenor oppose severing any or all of the Peti- tioners' proposed units. The Employer is engaged in the manufacture, development, re- search, and engineering of electronic and airborne equipment. It has two plants within the State of California known respectively as the Culver City and Los Angeles Airport site plants, located about 5 miles apart. The production and maintenance employees at both plants, except for welders and electricians, have been represented by the Intervenor as part of a single unit. A. Departmental unit As stated, the Petitioners' initial position is that air-conditioning and refrigeration department employees should be severed from the existing broader unit. However, the Employer does not have an air- conditioning and refrigeration department. The employees whom the Petitioners wish to represent on a departmental basis actually com- prise a segment of the plant engineering department. This depart- ment (department 67) is comprised of four sections. One of these sections, known as the maintenance and rearrangement section, is fur- ther subdivided into five units which include maintenance unit 3 at the Culver City plant, and the Los Angeles Airport site maintenance unit at the Los Angeles Airport site plant. All but 1 of the air- conditioning and refrigeration mechanics and 2 of the plumbers are assigned either to maintenance unit 3 or the Los Angeles Airport site maintenance unit. However, these two units include not only the employees desired to be represented by the Petitioners, but also various other mechanics and miscellaneous employees working under the same production and maintenance employees is a bar to these petitions . The contract was for a 2-year period ending November 8, 1955, and renewable automatically thereafter for annual periods unless either party gave notice at least 60 days prior to the agreement's anniversary date of a desire to terminate , amend, or modify. The petitions in this pro- ceeding were filed on August 8, 11, and 24, 1955. As the petitions were filed before the automatic renewal date of the contract , they are not barred by the agreement . Central Rufina, 108 NLRB 307. 9 Thus, in Case No. 21-RC-4103, Petitioner Local 545 seeks to represent a unit of main- tenance plumbers and pipefitters . In Case No. 21-RC-4098, Joint Petitioners Local 250 and the Sheet Metal Workers , seek to represent a unit of air-conditioning and refrigera- tion mechanics In Case No. 21-RC-4112, Joint Petitioners Locals 250 and 545 and the Sheet Metal Workers , seek to represent sheet metal workers, maintenance. 506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD supervision whom the Petitioners do not seek to include in their alleged departmental Unit .7 The employees' in the Petitioners' proposed alleged departmental unit are not supervised by a separate foreman, they are not physically segregated from other maintenance employees, and they do not work as a separate and distinct group. It is apparent that the proposed unit is not a departmental unit, but represents an arbitrary grouping of heterogeneous employees without sufficient separate community of interest to justify their severance from the existing production and maintenance unit. Accordingly, we find that the proposed • depart- mental unit is inappropriate. B. Sheet metal workers unit There are three sheet metal workers in the unit requested, all of whom work at the Culver City plant in maintenance unit 3. The Em- ployer's job description for these employees states generally that, "This occupation requires laying out, fabricating, assembling, install- ing, repairing, altering and maintaining non-productive sheet metal parts and assemblies." Of the 3 sheet metal workers, 1 was transferred from the classifica- tion of utility worker A, and the other 2 from the classification of maintenance mechanic B. The Employer recognizes two grades of sheet metal workers. However, no evidence was offered to show how much time must be spent in grade B before promotion to grade A. The sheet metal workers do not have a formal apprentice training program or separate supervision and there is no other evidence to establish their alleged craft status. We have previously held that the burden of establishing facts to justify craft severance rests upon the petitioning union.' We find that the evidence is insufficient to show that the sheet metal workers are exercising true craft skills. Accordingly, we find that the pro- posed unit of sheet metal workers is inappropriate. C. Plumbers unit The maintenance plumbers in maintenance unit 3 work mostly on the job site in various buildings throughout the Culver City plant. They install, repair, assemble, and maintain plant plumbing, com- pressed air and steam systems, and accessory installations for machines and equipment. Major installation and new construction work is 4 Working in maintenance group 3 are maintenance mechanics, stationary engineers, a machine rebuilder, and a utility group. In the Los Angeles Airport site maintenance unit are maintenance mechanics , carpenters, electricians , janitors, maintenance helpers, a gardener , an office equipment mechanic, an oiler, a maintenance painter, and a utility worker. 8 American Potash & Chemical Company, 107 NLRB 1418. HUGHES AIRCRAFT COMPANY 507 performed by outside contractors. However, the Employer's plumbers make smaller installations such as drinking fountains, toilets, and basins. The plumbers occasionally work with mixed craft groups while plying their trade. They use pipecutting and threading ma- chines, hoists, die traps, and melting pots. Certain types of plumbing done by these employees must comply with city and State codes. The Employer does not have a formal apprenticeship program for plumbers. However, it does recognize two grades referred to as A and B plumbers. The Employer admitted that it would take an inexperienced employee hired as a B plumber 3 to 4 years to reach an A status. At present nearly all the plumbers are classified as A plumbers and a majority of them were hired in that capacity. Four of the present A plumbers formerly occupied other positions in the plant : three of them were first transferred into the B plumber clas- sification from laboring classifications and the fourth was formerly an air-conditioning and refrigeration mechanic A. The B plumbers act as helpers to the A plumbers and after gaining experience they are promoted to the A classification. We find, contrary to the Employer, that the maintenance plumbers A and B are a craft group entitled to separate representation.' The Petitioner does not seek to include the maintenance plumbers in the electronic manufacturing division as part of the plumbers unit. These plumbers work in the production area under separate super- vision and are located apart frpm the other maintenance plumbers. They take care of stoppages in the plumbing lines leading to produc- tion equipment, such as mills, lathes, and heating and welding equip- ment. It appears that they possess the same skills as the other main- tenance plumbers. Accordingly, we shall include them in the unit. D. Air-conditioning and refrigeration mechanics unit The air-conditioning and refrigeration mechanics work out of the same area in the maintenance shop as do the maintenance plumbers. Like the plumbers, they spend most of their time on the job site. Although the Employer maintains A and B classifications of air-con- ditioning and refrigeration mechanics, it does not have a formal ap- prenticeship program for these employees. Presently, all but one of the air-conditioning mechanics are in the A class. Most of the major installation or overhaul of refrigeration and air- conditioning equipment is done by members of other trades, such as electricians, plumbers, or maintenance mechanics. The maintenance mechanics, in particular, do most of the overhauling and installation of large compressors and pumps dealing with air conditioning. The 9Rheem Manufacturing Company, 110 NLRB 904 ; Stauffer Chemical Company of Nevada, 113 NLRB 1255. 508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD primary duty of the air-conditioning and refrigeration mechanic is to inspect regularly the fans, thermostats, dampers, and other air- conditioning, cooling, and heating equipment. In addition, they an- swer trouble calls involving routine repairs on small compressors and other air-conditioning equipment. Three of the air-conditioning mechanics are termed "operators." They are assigned to a large central unit, such as an air-conditioning compressor, a sewer pump, or an electrical power generator. Their function is to maintain these units in a manner somewhat analogous to the work of stationary engineers, except that the "operators" do not tend to the operation of the boilers and hence are not required to have licenses as are the stationary engineers. However, about seven of them have been stationary engineers and maintain their licenses. At least one of them acts as a standby for the stationary engineers. The "operators" have the same supervision as other air-conditioning mechanics. The Board has consistently held that air-conditioning and refrigera- tion employees do not constitute a craft group entitled to severance from a production and maintenance unit.10 We do not think the facts of this case warrant a departure from this precedent. Accordingly, we find inappropriate the proposed unit of air-conditioning and main- tenance mechanics. We shall direct an election by secret ballot among the following group of employees at the Employer's Culver City and its Los Angeles Airport site plants in California : All maintenance plumbers A and B, excluding all other employees and supervisors as defined in the Act. If a majority vote for Local 545 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 representatives to Local 545 for the unit described above, which the Board, under such circumstances, finds to be appro- priate for the purposes of collective bargaining. In the event a majority do not vote for Local 545, these employees shall remain a part of the existing unit and the Regional Director will issue a certifi- cation of results of election to such effect. In view of the fact that we have found the other proposed units inappropriate, we shall dismiss the petitions involving such units. [The Board dismissed the petitions in Cases Nos. 21-RC-4098 and 21-RC-4112.] [Text of Direction of Election omitted from publication.] 10 Merck .& Co , Inc, 111 NLRB 960, and cases cited therein.