Dana Corp.

DANA CORPORATION 365 due to the nonpayment of dues, which happened to be the truth . And in addition the Respondent Company knew full well from the very beginning that the Union was attempting to secure compliance with its legal hiring -hall clause-without re- gard to Pfeifle's membership or nonmembership. Consequently, the Trial Examiner must dismiss this complaint as to Respondent Company. Under these circumstances the Trial Examiner sees no necessity for even dis- cussing the claim of Respondent Company that it discharged Pfeifle for numerous acts which appeared to have annoyed Payne personally and which had nothing to do with encouragement or discouragement of union membership. Upon the basis of the foregoing findings of fact, and upon the entire record in 'this case, the Trial Examiner must make the following: CONCLUSIONS OF LAW 1. Drivers and Helpers Local No. 38, International Union of United Brewery, Flour, Cereal, Soft Drink & Distillery Workers of America, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 2. E & B Brewing Company, Inc., is engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 3. Neither Respondent Company nor Respondent Union, or either of them, has engaged in any unfair labor practice alleged in the complaint. [Recommendations omitted from publication.] Dana Corporation and International Union, International So- ciety of Electrical Craftsmen, affiliated with International Society of Skilled Trades,' Petitioner Dana Corporation and International Union, International Asso- ciation of Tool Craftsmen, affiliated with National Inde- pendent Union Council and International Society of Skilled Trades,2 Petitioner Dana Corporation and International Union, International Asso- ciation of Stationary Engineers , affiliated with International Society of Skilled Trades,3 Petitioner Dana Corporation and International Union , Millwrights Inter- national Association, affiliated with International Society of Skilled Trades,4 Petitioner Dana Corporation and International Union, International Ma- chine Repairmens Association , affiliated with International Society of Skilled Trades;' Petitioner. Cases Nos. 35-RC-1545, 35-RC-1546, 35-RC-1548, 35-RC,-1549, and 35-RC-1561. Decem- ber 9, 1958 DECISION, ORDER, AND DIRECTION OF ELECTIONS Upon petitions duly filed under Section 9(c) of the National Labor Relations Act, a hearing was held on the consolidated cases 1 Herein called Electrical Craftsmen. 2 Herein called Tool Craftsmen. ' Herein called Stationary Engineers. Herein called Millwrights. Herein called Machine Repairmen. 122 NLRB No. 54. 366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD before Harry D. Camp, hearing officer. 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 Act, the Board has delegated its powers in connection with these cases to a three- member panel [Chairman Leedom and Members Bean and Fanning]. Upon the entire record in these cases, the Board finds : 6 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.7 3. A question affecting commerce exists concerning the represen- tation of employees of the Employer within the meaning of Section 9(c) (1) and Section 2(6) and (7) of the Act. 4. The Petitioners seek to sever several units on a craft or depart- mental basis from the production and maintenance unit currently represented by Intervenor, Local Union No. 113. The Employer and the Intervenors contend that the requested units are neither true crafts nor traditional departments and are therefore inappropriate for severance purposes, and that none of the Petitioners, except Tool Craftsmen, is qualified to seek severance of the units sought.' In Case No. 35-RC-1546, Tool Craftsmen seeks to sever a unit consisting of 1 toolroom leadman, 11 toolmakers A, 3 toolmakers B, 3 machine shop heaters and welders, and 2 toolroom machine hands in the toolroom department; the 2 leadmen and 12 cutter grinders in the cutter grinder department; and the 2 tool inspectors in the inspection department. The toolroom employees are separately super- vised. They do no production work, but are responsible for the repair and maintenance of all tools used in the plant, and occasionally make new tools. The toolmakers work to close tolerances from blueprints, and the toolroom is equipped with the usual toolroom machines such as lathes, milling machines, shapers, and grinders. There is no ap- prenticeship program, and experience is not required upon hiiing, However, inexperienced employees are hired in the classification of toolroom machine hand 2 and progress through machine hand 1, toolmaker B, and toolmaker A, spending at least a year in each classification. Employees are upgraded when, in the foreman's judg- ment, they quality for the next higher classification. Thus, each tool- 6 The request of Local Union No. 113 of the International Union, Allied Industrial Workers of America, AFL-CIO, herein called Intervenor, Local Union No. 113, for oral argument is denied as the record, including the briefs, adequately presents the issues and the positions of the parties. 9 Local Union No. 113 and International Union, Allied Industrial Workers of America, AFL-CIO, intervened on the basis of a current contract between the Employer and Local Union No. 113 covering the employees involved. 8 The Employer 's further contention that severance should be denied because of the integrated nature of its operations, the manufacture of automotive parts, is without merit. See American Potash f Chemical Corporation , 107 NLRB 1418, 1420-1422. DANA CORPORATION 367 maker A has had at least 4 years' experience and training in ma- chining and toolmaking. All the machine shop heaters and welders were formerly toolmakers. The cutter-grinders requested by Tool Craftsmen are classified by the Employer as cutter-sharpeners. These employees constitute a separate department and are separately supervised. They sharpen by machine all cutting tools used in the plant and occasionally make tools from high speed steel and carbide blanks. No previous ex- perience is required, and there is no apprenticeship program. There is, however, a learner classification for cutter-sharpeners. Inexperi- enced employees remain in the learner classification for a year be- fore promotion to cutter-sharpener. The top rate for cutter-sharpener is achieved after 1 year in that classification. Cutter-sharpeners are not in the line of progression to toolmaker. The two tool, jig, and fixture inspectors requested by Tool Crafts- men are assigned to the inspection department, which is separately supervised and includes all inspectors employed by the Employer. The two requested inspectors inspect all tools, jigs, and fixtures used in the plant. They do not make tools. The Employer prefers to hire toolmakers for these two jobs, which pay 10 cents an hour more than toolmaker jobs, but nontoolmakers are hired if they are qualified. As it is clear that neither the inspectors nor the cutter-sharpeners exercise craft skills and that they are not in the line of progression of the toolmakers craft, we are precluded from finding that the en- tire unit sought is appropriate as a craft group. Nor may the pro- posed unit be deemed appropriate as a toolroom departmental group since the tool inspectors are a segment of the inspection department and work in a separate area, and the cutter-sharpeners have separate immediate supervision, and do not have sufficient community of in- terest with the toolmakers to warrant their inclusion in the same unit on a departmental basis. However, we find that all employees in the toolroom department constitute a functionally distinct and homoge- neous traditional departmental group who may, if the employees so desire, constitute a separate appropriate unit.9 In accordance with prior Board decisions, and as conceded by the parties, we find that the Petitioner, Tool Craftsmen, is a labor organization which has traditionally served the special interests of employees such as those it here seeks to represent, and we shall therefore permit the tool- room department employees to determine whether they desire to be separately represented by Tool Craftsmen.10 In Case No. 35-RC-1548 Stationary Engineers seeks to sever a unit of four boilerhouse attendants and one leadman who work on rotat- 9In accordance with the stipulation of the parties, we find that the toolroom leadman is not a supervisor, and we shall include him in the voting group. 10 Union Steam Pump Company, 118 NLRB 689, 691. 368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing shifts operating the high-pressure boilers and air compressors. Boilerhouse attendants are not licensed. They are supervised by the maintenance foreman, but are separately located in a building adja- cent to the plant, do no production work, and are not interchanged with production and maintenance employees.- Although the boiler- house employees are not craftsmen, the Board has often found that such employees comprise an appropriate departmental unit.12 The Employer and the Intervenors contend that Stationary Engi- neers is not a traditional representative of the employees it seeks, and that it is fronting for the International Society of Skilled Trades, herein called ISST, which they allege to be a multicraft union in- eligible to represent a severed unit of powerhouse employees. The Petitioner, Stationary Engineers, is one of several recently organized international unions affiliated with ISST referred to in our recent decision in Vickers, Incorporated.- The circumstances surrounding the organization of this Union and its affiliation with ISST were similar to those surrounding that of Electrical Craftsmen described in the Vickers case. Stationary Engineers was organized and adopted a constitution on March 3, 1958, at a convention held in Flint, Mich., attended by 15 delegates. The purpose of the Union, as stated in the constitution, is "to protect, maintain, and advance the interest of men employed as stationary engineers, firemen and water tenders." The constitution also provides that "Application for mem- bership will be accepted from craftsmen employed as Stationary Engineers, Firemen and Water Tenders, and from men engaged in any supplementary work thereto." The Union has its own officers, books, and bank account. At present there is only one local chapter, and no contracts have been entered into with employers. Stationary Engineers is affiliated with ISST, which the record shows is a federa- tion of international craft unions. Under these circumstances, we find that Stationary Engineers was organized solely for the purpose of representing employees of power- house units of the type which we have found herein may be appro- priate, and is therefore qualified to seek severance of such a unit.'' The Petitioners in the remaining cases, Nos. 35-RC-1545, 35-RC- 1549, and 35-RC-1561, request severance of separate units of elec- tricians, millwrights, and machine repairmen. 11 Although the leadman occasionally directs the loading of scrap metal chips by one or two nonboilerhouse employees , we find that this extra duty does not prevent his inclusion in the voting group. See Convair (Pomona), etc., 122 NLRB 41, footnote 4. As this extra duty appears to consist of merely routine direction of the chiphouse employees, we find, in accordance with the stipulation of the parties , that the boilerhouse leadman is not a supervisor, and we include him in the voting group. 19 Union Steam Pump Company, 118 NLRB 689. 13 122 NLRB 155. 14 Vickers, Incorporated, 122 NLRB 155; Friden Calculating Machine Co ., Inc., et al., 110 NLRB 1618. DANA CORPORATION 369 The 11 electricians and 1 leadman sought by Electrical Craftsmen are assigned to the maintenance department, along with various maintenance employees, and are supervised by the maintenance fore- man. There is no separate supervisor for electricians. Electricians are engaged chiefly in electrical maintenance of equipment such as wiring, motors, and switches; they also occasionally make connec- tions on new electrical installations, but they do not rewind motors. The 11 millwrights and 2 leadmen, sought by Millwrights, are also included in the Employer's maintenance department and are not sep- arately supervised. Millwrights dismantle, move, and reerect ma- chines and mechanical equipment. In addition, they perform other maintenance work required throughout the plant, such as welding, painting, carpentry, masonry, pipefitting, plumbing, and sheetmetal work. The record does not reveal what proportion of their time is spent on these various duties. Testimony was presented that almost all jobs required of millwrights can be performed after 1 year's ex- perience on the job. The eight machine repairmen and two leadmen requested by Ma- chine Repairmen are separately supervised. They replace defective parts and otherwise maintain and repair all machine equipment in the plant. The record shows that after 6 to 9 months on the job an inexperienced man could become qualified to do machine repair work. There is no apprenticeship or training program for any of these three groups and all employees hired or transferred into these jobs progress automatically to the top pay rate within 1 year's time. Al- though the Employer prefers to hire experienced personnel, previous experience is not a requirement. The record shows that the Employer has hired or transferred from unrelated jobs at least three inexperi- enced men as electricians, three as millwrights, and two as machine repairmen, and that all received top pay after 1 year. In view of these facts, particularly the organization of electricians and mill- wrights into one large maintenance department without separate supervision, the multicraft nature of the millwrights' duties, the brief time required to master the duties of millwright and machine repair- man, the absence of any formal apprenticeship or training program, and the automatic progression of inexperienced men to the top pay level, we find that these employees are not required to exercise the skills of journeymen craftsmen, and therefore are not severable as craft units." As these groups do not constitute the type of depart- mental units traditionally recognized by the Board as appropriate for severance purposes, we further find that the units sought by Elec- trical Workers, Millwrights, and Machine Repairmen are not appro- '' See Arrowhead Products Division of Mogul Bower Bearings , Inc., 120 NLRB 675; General Electric Company, 118 NLRB 637, 642. Cf. American Potash d. Chemical Corporation, 107 NLRB 1418, 1424. 505395-59-vol. 122-25 370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD priate on a departmental basis.16 Accordingly, we shall dismiss the petitions in Cases Nos. 35-RC-1545, 35-RC-1549, and 35-RC-1561. We shall direct elections in the following voting groups : (1) All employees of the toolroom departments, including lead men, toolmakers A and B, toolroom machine hands 1 and 2, machine shop heat treaters and welders, but excluding inspectors, cutter- sharpeners and cutter-sharpener learners, all other employees, and supervisors as defined in the Act. (2) All boilerhouse department employees, including the leadman and boilerhouse attendants, but excluding all other employees and supervisors as defined in the Act. If a majority of employees in voting group (1) or (2) vote for the Union seeking to represent them separately, they will be taken to have indicated their desire to constitute a separate bargaining unit, and the Regional Director conducting the elections is instructed to issue a certification of representatives to the Union seeking and se- lected by such unit, which the Board, under such circumstances, finds to be appropriate for purposes of collective bargaining. In the event a majority do not vote for the Union seeking to represent them sepa- rately, these employees remain a part of the existing unit and the Regional Director will issue a certification of results of election to such effect. [The Board dismissed the petitions filed in Cases Nos. 35-RC-1545, 35-RC-1549, and 35-RC-1561.] [Text of Direction of Elections omitted from publication.] m Grand River Chemical Division of Deere & Company, 111 NLRB 770, 773. Cf. American Potash & Chemical Corporation, 8uvra. Kennecott Copper Corporation, Ray Mines Division and Inter- national Union of Mine, Mill & Smelter Workers, Ind., Peti- tioner. Case No. d1-RC-5342. December 10, 1958 DECISION AND CERTIFICATION OF REPRESENTATIVES Pursuant to a stipulation for certification upon consent election executed on August 5, 1958, an election by secret ballot was con- ducted on August 19, 1958, under the direction and supervision of the Regional Director for the Twenty-first Region of the National Labor Relations Board, among the employees in the stipulated unit. Following the election, the Regional Director issued and served 'on the parties a tally of ballots, which shows that of approximately 8'S eligible voters, 37 votes were cast for the Petitioner, 40 for United Steelworkers of America, AFL-CIO, 2 for International Chemical 122 NLRB No. 59.