Mogul Bower Bearings, Inc.

ARROWHEAD PRODUCTS DIVISION 675 Arrowhead Products Division of Mogul Bower Bearings, Inc., Long Beach Plant and National Union, United Welders of America, Independent, Petitioner. Case No. 21-RC-5016. April 30,1958 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 Leo Fischer, 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 fords : 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.' 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 Employer manufactures aircraft parts in southern Cali- fornia. The Petitioner seeks a craft severance of heliare welders from the existing production and maintenance unit represented by the Intervenor, with the Employer and the Intervenor opposing such a severance . The Petitioner would exclude from the unit a main- tenance welder and spot welders without qualification, but in an alternative position would accept the inclusion of seam welders if the Board feels that they have sufficient skill and identity to the heliarc welders. The Employer has a metal department which is under the super- vision of a supervisor, a general foreman, and an assistant foreman, in that order. Employed in the metal department are the heliarc welders, spot welders, seam welders, and maintenance welder, and also metal fitters, bellow fabricators, shear operators, a pressure test man, and inspectors. The entire department is located in a bay of the plant, and all of the work of the department is performed in that area. The heliarc welders are further separated from the rest of the bay by 4-foot partitions, which surround 6 enclosed welding booths in which all of the heliarc welding is done. There are 5 heliarc welders and 1 leadman on each of 2 shifts. Both leadmen are sought by Petitioner, and both were stipulated not to be supervisors. 1 United Rubber, Cork, Linoleum and Plastic Workers of America, AFL-CIO, Local 560, herein called the Intervenor, intervened on the basis of its contract with the Employer covering, enter altos, the employees involved herein. 120 NLRB No. 93. 676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD One of the heliarc welders testified that he had 4 years' welding experience when hired; that he had 6 current Army and Navy "certifications" in various types of welding at that time;' that he was required to pass a company test consisting of welding on 0.016- inch metal and 0.015-inch metal; and that he was then required to pass an Army and Navy test consisting of welding 0.016-inch metal to. 0.060-inch metal without any penetration through the back, after which he was given a "certification." Similar Army and Navy tests on both stainless steel and aluminum are given to all heliarc welders. every 6 months, at which times they are "recertified." This heliarc welder testified further that the other heliarc welders have an average of at least 6 years' welding experience. As for the actual production work of the heliarc welders, most of the welding is done inside stain- less steel aircraft parts of small tubing running from 2 inches to 7 inches in diameter, with the material itself running from 0.016 to, 0.040 inch in thickness. The heliarc welders work from blueprints, or written schedules, or oral orders. They do not lay out their own work, which is laid out and brought to them by the metal fitters, but they do set up their own machines as to heat, selection of rod, etc. The heliarc welders also receive the highest rate of pay in the plant. In view of the foregoing, we find, as we have in prior cases involv- ing similar welders in the aircraft industry, that the heliarc welders, are a craft group of employees; and that they may, as the Petitioner is a traditional representative of such employees, constitute a separate- appropriate craft unit 3 The spot welders and the seam welders work on automatic welding machines. Also, they take no military tests and receive no military certifications, only their machines requiring such certifications. The. maintenance welder welds only 10 to 15 percent of his time, and' spends the balance of his time performing general maintenance duties.: The American Potash case 4 requires that any craftsmen to be in-, cluded in a craft unit must be "primarily engaged" in the particular craft work. Accordingly, even assuming that the maintenance welder does craft welding, he must be excluded from the unit because he spends 85 to 90 percent of his time performing general maintenance duties. Moreover, as the spot welders and seam welders work on auto- matic welding machines, and are not required to receive military certifications, and as there is no other evidence of their craft status,. they too are excluded.' 8 Are, are heliarc, are aluminum , are stainless , are chromoly, and gas. 8 See Hughes Aircraft Company, 117 NLRB 98 ; Northrop Aircraft, Inc., 117 NLRB' 1717; Royal Jet Incorporated, 118 NLRB 1558. 4 American Potash & Chemical Corporation , 107 NLRB 1418. 5 See Royal Jet Incorporated, supra, where spot welders who worked on automatic' machines and were not "certified" were excluded from a craft unit of welders. INDEPENDENT NAIL & PACKING COMPANY 677 On the basis of the foregoing, we find that all heliarc welders and their leadmen at the Employer's Long Beach, California, plant, ex- cluding all other employees and supervisors as defined in the Act, may, if they so desire, constitute an appropriate unit. We shall not, however, make a final unit determination at this time , but shall direct that the question concerning representation which exists be resolved by an election by secret ballot among the employees in such unit. If a majority vote for the Petitioner , they will be taken to have indicated their desire to constitute a separate appropriate unit, and the Re- gional Director conducting the election directed herein is instructed to issue a certification of representatives to the Petitioner for such unit, which the Board , under such circumstances , finds to be ap- propriate for purposes of collective bargaining. In the event a ma- jority do not vote for the Petitioner , these employees shall remain a part of the existing unit and the Regional Director will issue a cer- tification of results of election to such effect. [Text of Direction of Election omitted from publication.] MEMBER BEAN took no part in the consideration of the above Decision and Direction of Election. Independent Nail & Packing Company and United Steelworkers of America, AFL-CIO, Petitioner. Case No. 1-RC-5089. April 30,1958 SUPPLEMENTAL DECISION AND CERTIFICATION OF RESULTS OF ELECTION Pursuant to a Decision and Direction of Election issued on Janu- ary 3, 1958,1 an election was conducted on January 22, 1958, under the direction and supervision of the Regional Director for the First Re- gion, among certain employees of the Employer. The tally of ballots shows that there were approximately 292 voters; and that 106 valid votes were cast for the Petitioner, 158 valid votes were cast against the Petitioner, 24 ballots were challenged, and 1 ballot was declared void. The challenges were insufficient in number to affect the results of the election. On January 27, 1958, the Petitioner timely filed objec- tions to conduct affecting the results of the election. On February 27, 1958, the Regional Director, after investigation, issued his report on objections, recommending that the objections be overruled in their entirety. i Not published. 120 NLRB No. 79.