Lear, Inc.

LEAR, INC. 713 Lear, Inc. and International Association of Tool Craftsmen, N.I.U.C. & I.S.S.T., Petitioner. Case No. 7-RC-3975. April 10, 1959 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 James H. Wehrenberg, hear- ing 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 this case to a three- member panel [Members Rodgers, Bean, and Fanning]. 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.2 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 a unit of toolroom and engineering experimental shop employees from an existing production and main- tenance unit at the Employer's two plants at Grand Rapids, Michigan, excluding electronic modelmakers, stock selector and movers, and other employees. As an alternative, the Petitioner seeks the foregoing unit including electronic modelmaker, stock selector and mover, and experimental shop inspectors. The Employer contends that the pri- mary and alternative units are inappropriate either on a craft or a departmental basis. In 1948 the Intervenor was certified as the collective-bargaining representative of the Employer's production and maintenance em- ployees, including the toolroom employees, but excluding the then model shop employees. In 1951 the Intervenor was certified as the collective-bargaining representative of the model shop employees. The model shop has since 1951 been divided into two departments denominated respectively as the flexible shop and the engineering ex- perimental shop. These two departments have been in the produc- 1 The Intervenor, International Union , United Automobile , Aircraft and Agricultural Implement Workers of America (UAW), AFL-CIO , and its Local Union No. 330, moved to dismiss the petition on the ground that the units sought are inappropriate . For the reasons stated below the motion is denied. 2 The Intervenor moved to dismiss the petition on the ground that Petitioner 's Local No. 7 has not complied with Section 9(f), (g), and ( h) of the Act. The Board 's records show that the Petitioner and its Local No. 7 are, and at all times material herein were, in compliance with Section 9(f), (g), and ( h). The motion to dismiss is therefore denied. 123 NLRB No. 88. 714 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tion and maintenance unit since 1951. Since 1948, the Intervenor and the Employer have executed successive contracts covering this unit. The latest contract expired on February 1, 1959. Toolroom: The toolroom is at the east end of the fifth floor of the Ionia Street plant and is designated as Department Q-145. It is sep- arated from the flexible shop and the rest of the floor by shelving which is 3 or 4 feet high. The toolroom is under the immediate super- vision of a foreman who also supervises the flexible shop lathe op- erators and grinder operators. It has 24 toolmakers, 3 toolroom machinists, 3 toolroom precision grinders-class A, 3 toolroom pre- cision grinders-class B, and 1 jig borer. The toolroom employees repair tools and dies used in production, and produce some of this tooling as well as temporary tooling for the flexible and engineering experimental shops. However, the greatest .amount of production tooling is purchased from outside sources. The Employer does not have an apprentice training program. It obtains toolroom employees largely by upgrading qualified em- ployees from other departments. Toolmakers are required to have at least 4 years' apprenticeship or its equivalent. They work with their own tools, operate every tool in the toolroom as well as various precision instruments, and work to a tolerance of .0001 inch. The re- maining toolroom classifications are required to have at least 2 to 3 years' apprenticeship or its equivalent and must be able to exercise high degrees of skill in using the tools and instruments of their re- spective trades. They are required to work to tolerances as close as .0001 inch. All toolroom classifications spend at least 90 percent of their working time in the toolroom. Such time as they spend out of the toolroom is in connection with the production or maintenance of tools and dies. They do no production work. Engineering experimental shop: The engineering experimental shop, except for two classifications, is located at plant #2, a hangar, approximately 6 miles from the Ionia Street plant and is designated as Department S-460. The hangar shop is walled off from the other departments and has its own general foreman who is assisted by three foremen. The two classifications not employed at the hangar work on the sixth floor of the Ionia Street plant. They are supervised by their own foreman. Both the general foreman at the hangar and the foreman at Ionia Street report to the superintendent of the engineer- ing experimental shop department. This department consists of 19 precision machinists-benchmen, 17 precision machinist-lathe opera- tors, 4 precision machinist-sheet metal operators, 6 jig borer opera- tors, 1 precision machinist-gear cutter, 1 precision machinist-turret lathe operator, 3 precision machinist-experimental grinders, 1 preci- sion welder, 8 electronic modelmakers, 1 stock selector and mover, LEAR, INC. 715 and 1 stockkeeper. The electronic modelmakers and the stock selector and mover work at the Ionia Street plant. The primary function of the engineering experimental shop is to produce temporary tools and dies and build prototype units. On rare occasions the shop will produce limited quantities of standard items for sale where a high degree of skill is required. As in the case of the toolroom, the Employer does not afford ap- prentice training to the employees of this department but relies largely on upgrading qualified employees. However, the precision machinist- benchmen are required to have training as tool- and die-maker ap- prentices or the equivalent of 8 years' experience in closely related work. They use their own tools, are required to use all the tools and precision instruments found in a toolroom, and work to a tolerance of .0001 inch. The jig borer operator is required to have the same experience and skill as is required of this classification in the toolroom. The remaining classifications, excluding stock selector and mover and stockkeeper, require varying degrees of experience and training, ranging from 2 to 6 years. The precision machinist-gear cutter needs a minimum of 3 years' experience at closely related work and the ability to work in a tolerance of .00025 inch. All the other machinist classifications are required to exercise a high degree of skill in the use of their tools and instruments. Apart from the preci- sion welder, who spends about 40 percent of his time working on production outside the experimental engineering shop, the engineer- ing experimental shop employees, both at the hangar and at Ionia Street, spend all their time on the department's work. The electronic modelmakers assisted by the stock selector and mover assemble and wire the prototype units. Flexible shop: The flexible shop is located on the fifth floor of the Ionia Street plant, adjacent to the toolroom. As stated above, it is separated from the toolroom by shelving which is 3 or 4 feet high. This department has its own foreman. However, both the flexible shop and the toolroom foremen are supervised by the same general foreman. The toolroom foreman supervises the flexible shop lathe operators and grinder operators. There are 87 employees in the flexible shop. Their classifications include precision machinist-lathe operator, precision machinist- benchman, precision machinist-sheet metal, precision machinist- gear cutter, jig borer operator, and precision machinist-O.D. & I.D. grinder. The flexible shop does preproduction work, overflow work from the engineering experimental shop, short run or nonrepetitive produc- tion of items requiring a high degree of skill, and temporary tooling. The preproduction work of the flexible shop is generally in sequence with the initial work of the engineering experimental shop. Such 716 DECISIONS OF NATIONAL LABOR RELATIONS BOARD work would include the production of first units of a production order and the modification of the production process. It may use the engineering experimental shop's soft tooling, or may produce its own. The toolroom furnishes some tooling to the flexible shop. As in the case of the toolroom and the engineering experimental shop, flexible shop classifications are filled by upgrading qualified employees. Except for the precision machinist-O.D. & I.D. grinder, the flexible shop's classifications are identical to, and are interchange- able with, similarly designated classifications in the engineering experimental shop. The flexible shop's precision machinist-benchman is a tool- and die-maker. Its jig borer classification is similar to, that classification in the toolroom. Although the Employer has designated the toolroom, the engineer- ing experimental shop and the flexible shop as separate departments, the three groups of employees are engaged in closely related functions. The classifications of the three groups are largely similar. In view of the foregoing, we find that the units sought by the Petitioner, limited to toolroom and engineering experimental shop employees, are inappropriate. However, we find that the toolroom, engineering experimental shop, and flexible shop employees comprise a func- tionally distinct and homogeneous departmental group who may, if they so desire, constitute a separate appropriate unit.' As the Petitioner is a labor organization which has traditionally served the special interest of employees such as those it here seeks to represent, we shall permit the toolroom, engineering experimental shop and the flexible shop employees to determine whether they desire to be represented separately by the Petitioner .4 The unit which may be found appropriate herein is larger than either of the units requested by the Petitioner. However, in view of the sufficiency of the Petitioner's showing of interest in the larger unit, we shall direct an election among the following employees at the Employer's Grand Rapids, Michigan, plants.5 All employees in the toolroom, the engineering experimental shop and the flexible shop, including electronic modelmakers and the stock: selector and mower, but excluding experimental shop inspectors,' the 3 Moe Light, Inc., 109 NLRB 1013 ; A.P. Controls Corporation , 108 NLRB 593; American Potash & Chemical Corporation, 107 NLRB 1418 . The Employer's contention that severance should be denied because of the integrated nature of its operations is without merit . American Potash & Chemical Corporation , supra, pp. 1420-1422. 4 Dana Corporation, 122 NLRB 365. c The Regional Director is authorized to permit the withdrawal of the petition without prejudice upon timely request of the Petitioner . Radio & Television Station WPLA (The Tribune Company), 120 NLRB 903. 3 The Petitioner would include the experimental shop inspectors comprising department S-634 in its alternative unit . This department is one of three administrative inspection departments . The two departments not sought are the tool gage inspection and the flexible shop inspection departments . The experimental shop inspectors thus constitute but a segment of the overall inspection group in the quality division . We shall exclude them from. the unit. ALLURE SHOE CORPORATION 717 toolroom and flexible shop general foreman, the toolroom foreman, the flexible shop foreman, the engineering experimental shop general foreman and foremen, office clerical employees, professional em- ployees, all other employees, guards, and supervisors as defined in the Act. If a majority vote for the Petitioner 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 the Petitioner for the unit described above, which the Board, under such circum- stances finds to be appropriate. In the event a majority do not vote for the Petitioner, they will be taken to have indicated their desire to remain part of the existing unit and the Regional Director will issue a. certification of results of election to such effect. [Text of Direction of Election omitted from publication.] Allure Shoe Corporation and Jose M. Sosa-Rivero. Cases Nos. 1.0-CA-92 and 12-CA-93. April 14, 1959 DECISION AND ORDER On March 12, 1958, Trial Examiner A. Bruce Hunt issued his Intermediate Report in the above-entitled proceeding finding that the Respondent had engaged in and was engaging in certain unfair labor practices in violation of Section 8(a) (1) and (3) of the Act, and recommending that the Respondent cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Inter- mediate Report attached hereto. He also found that certain allega- tions of the complaint involving unfair labor practices in violation of these sections of the Act had not been sustained by proof. Both the General Counsel and the Respondent filed exceptions to the Inter- mediate Report, the latter contending that it had not had a fair trial because denied access to pretrial statements of the witnesses for purposes of cross-examination. The Respondent filed a brief in sup- port of its exceptions, relying upon the decision in Jencks v. United States, 353 U.S. 657, in support of its contention that its defense was hampered as indicated. Thereafter, on September 25, 1958, in accord with similar action taken in other pending cases, the Board ordered that the record be reopened and a further hearing held before the Trial Examiner to permit the further examination of witnesses whose pretrial statements had in the interim been made available to the Respondent.' On December 2, 1958, Trial Examiner Hunt issued his 1 See, for example, Ra-Rich Manufacturing Corporation, 121 NLRB 700. 123 NLRB No. 93.