Ladish Co.

LADISH COMPANY 555 the amended Act or in the nature of the Employer's operations, for such a departure from our usual rules for determining eligibility to vote in Board elections We shall therefore direct that an election be held in accord with our usual practice [Text of Direction of Election omitted from publication ] Ladish Company and Technical Engineers Association (Inde- pendent), Petitioner. Case No 13-RC-6542 February 9, 1960 DECISION AND DIRECTION OF ELECTIONS Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Albert Kleen, hearing officer The hearing officer's rulings made at the hearing are free from preju- dicial 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 [Chairman Leedom and Members 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 employees of the Employer 1 3 Questions affecting commerce exist concerning the representa- tion of employees of the Employer within the meaning of Section 19 (c) (1) and Section 2(6) and (7) of the Act 4 The Petitioner seeks to represent a unit of all technical and pro- fessional employees at the Employer's Cudahy, Wisconsin, forgings, pipefittings, and related products plant The Employer employs approximately 5,000 people at this plant. Although several different units of employees are represented by various labor organizations, there is no bargaining history for any of the classifications in the unit requested The requested employees are assigned to the metallurgical department, which is responsible for the metallurgical quality of the Employer's products, the inspection department (quality control) , standards and methods department (time studies) , engineering department, a manufacturing service department responsible for design, structure, and maintenance of equipment and utilities, and planning department, which designs and oversees construction of new buildings and facilities The foregoing departments are located in the manufacturing area of the plant, The two remaining depart- ments with which we are concerned, customs and fittings, are located i Distract No 10, International Association of Machilnsts, AFL-CIO, intervened on the basis of a showing of interest 126 NLRB No 67 556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in the office area, are referred to as divisions, and are engaged in proc- essing customer inquiries and orders for custom-made products (customs division) and stock items (fittings division). The appropriateness of the unit requested by the Petitioner is dis- puted on several grounds. The Intervenor contends that a separate unit of technical employees is inappropriate and requests the Board to reexamine its policy of finding such units appropriate; the Employer contends that technical employees who work with produc- tion employees should not appropriately be included in the same unit with technical employees who work with office, administrative, and sales employees; the Employer also contends that technical employees in the fittings and customs divisions should not be placed in a different unit from that of other nontechnical employees in those divisions. We find these contentions to be without merit. The Board has recently reexamined the separate technical unit concept and has reaffirmed its previously held view that there are inherent differences between the interests, background, and functions of technical workers and those of other employees. For this reason, the Board decided to adhere to its policy of placing technical and nontechnical employees in separate units where the issue is raised and where the record affirma- tively supports the claim of technical status.2 For the same reason, the request of the Petitioner that certain nontechnical classifications be included in the same unit with technical employees is denied 3 Moreover, we find that the interests of the technical employees who work with production employees are not so distinguishable from those of the technical employees who work with office, administrative, and sales employees to justify our departure from the established rule of including all technical employees in a single unit.' The parties agree that employees in certain classifications should be included in the unit as technical employees, and that employees in other classifications should be included as professional employees. They also agree that certain classifications should be excluded from any unit found appropriate herein, either because the individuals therein are supervisors or managerial employees, or because they are neither technical nor professional employees. The parties dis- agree, however, as to the placement of other classifications, specifically discussed hereinafter. The Petitioner would include all of them, as 2 Litton Industries of Maryland , Incorporated, 125 NLRB 722 2 The classifications which the parties agree , and we find , are neither technical nor professional, and which we shall therefore, contrary to the Petitioner's request, exclude, are specimen preparers A, B, and C ; specimen preparer learners ; and physical test expediters. "See E. I. Dupont de Nemours and Company, Inc, etc., 107 NLRB 734 , 740; The Monarch Machine Tool Co ., 98 NLRB 1243, 1244 S As the unit sought includes both professional and technical employees, we shall, as required by Section 9(b)(1) of the Act, establish a separate voting group for professional employees and a separate voting group for technical employees . See Sonotone Corpora tion, 90 NLRB 1236 , 1240-1242. LADISH COMPANY 557 either technical or professional employees, while either the Employer or Intervenor, or both, would either exclude them, or leave their unit placement to the determination of the Board.' Tool designers Sr. and Jr. in the engineering department 7 lay out and design tools and dies for specific uses. Working from a drawing and description of the part to be made, these employees lay out and design a tool which will perform the desired function. They must be high school graduates and have additional training in mathematics, stress analysis, strength of materials, and physics. Junior tool de- signers are promoted to senior tool designers as they acquire experi- ence and additional training. Machine designers Sr. and Jr. in the engineering department prepare layouts of the design of machines needed throughout the plant. They work from specifications, sketches, and verbal instructions. The junior classification is required to have a minimum of 2 years' college with courses in physics, math- ematics, dynamics, machine design, strength of materials, and me- chanics; it does not clearly appear that additional education is required for the senior classifications. Engineer claims and material investigation, metallurgical department, investigates metallurgical aspects of customer complaints regarding the quality of the Em- ployer's products, and recommends to the sales department the allow- ance or disallowance of such claims. In carrying out these duties he occasionally deals directly with customer representatives in the course of his investigations. In addition to high school, technical training in metallurgy and mathematics is required for this job. The Petitioner contends that the tool designers are either technical or professional employees and that the others are professionals. The Employer contends the engineer claims and material investigation is managerial, and the Intervenor contends that he is a professional; these parties request the Board to rule on the unit placement of the other classifications. On the basis of the facts set forth above, we find that these employees do not meet the strict requirements of the term professional employee as defined in Section 2(12) of the Act. We further find that the engineer claims and material investigation is not a managerial employee merely because his actions may affect 6 Attached as Appendix A is a list of classifications excluded from both voting groups, as Appendix B a list of classifications included in the technical voting group, and as Appendix C a list of classifications included in the professional voting group . The parties have agreed to the placement of the classifications listed on the appendixes which are not discussed in the text. I We find no merit in the contention of the Employer that the senior classifications of tool designers , machine designers , and engineers in the engineering department must be placed in the same unit because they receive the same pay and have the same general level of responsibility , and that the junior classifications of these positions must also be placed in the same unit for the same reason . As the evidence shows that these classifica- tions have different duties and training, we have considered their unit placement sepa- rately, as requested by the Petitioner. 558 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Employer's costs, as the Employer contends.8 However, the work of these employees is clearly of a technical nature, involving the use of independent judgment, and requiring the exercise of technical specialized training beyond the secondary school level. We find, therefore, that they are technical employees 8 and we shall accordingly include them in the technical voting group. The Petitioner contends that the following classifications are pro- fessional employees; except for the engineers Sr. and Jr. in the engi- neering department, whose placement it leaves to the Board, the Employer contends they are managerial or supervisory; and the Intervenor agrees with the Petitioner as to some 10 and is neutral as to the unit placement of the others: Metallurgical engineer nonferrous alloys, metallurgical depart- ment, examines jobs proposed for and by customers for forgings, considers all metallurgical aspects of such proposed jobs, and rec- mends techniques to be used, determines metallurgical procedures, contacts customers on metallurgical problems that may arise, and recommends types of material to be used. Metallurgical engineers specific customer service, metallurgical department, are assigned to specific customer accounts for which they are held responsible. They keep track of orders, checking with the estimating department, the planning group, or other pertinent departments. They keep a check on the metallurgical aspects of orders, investigate complaints, dealing with customers as well as vendors of materials. They make decisions regarding methods of manufacture and compliance with, and inter- pretation of, specifications. Metallurgical engineer missiles, and engineer missiles, metallurgical department, evaluate various projects and make recommendations as to the type of metals to- be used, whether new metals should be developed, and the methods of manu- facture. They oversee and keep track of the manufacturing opera- tion, testing, and heat treating in connection with projects. Metal- lurgical engineers material, metallurgical department, are responsible for final approval or disapproval of incoming material after tests have been made thereon. They prescribe the method and sequence of these tests, and occasionally recommend selection of a supplier on the basis of the quality of materials supplied. Metallurgical engineer estimat- ing, metallurgical department, coordinates all metallurgical informa- tion with the estimating and sales groups on various orders or jobs that come into the plant, acting as a liaison man. He does not deal with customers or vendors directly. On the basis of his education and experience in all the Employer's manufacturing processes, he makes recommendations which are used as a guide in the pricing of forgings. 8 Cf. Kltsap County Automobile Dealers Association, 124 NLRB 933 ; Westinghouse Electric Corporation, 122 NLRB 1466. BLitton Industries of Maryland, Incorporated, supra 10 Engineer missiles , engineer fittings and specifications ; and engineer Sr. LADISH COMPANY 559 The metallurgical engineer material and specific customer service, metallurgical departments, spends 90 percent of his time in evaluating material, duties comparable to those of metallurgical engineer mate- rial, discussed above. The remaining 10 percent of his time is spent reviewing specifications with customers, recommending manufactur- ing practices, and reviewing raw materials requirements with vendors. Engineer fittings and specifications, metallurgical department, re- views metallurgical aspects of complex specifications for nonstandard fittings and makes recommendations as to whether or not the Company can produce the product ordered. He recommends changes in speci- fications and deals with customers on metallurgical problems. In carrying out his duties, he works with the Company's sales and engineering departments and with the supervisors in the production department. Engineers Sr. and Jr. in engineering department : the engineer Sr. is engaged in designing and making layouts for buildings, pipelines, sewers, distribution systems, heating, ventilation, and air- conditioning systems, and foundations for heavy machinery; and engineers Jr. are engaged in either structural layout work, or research and development projects. Progress from engineer Jr. to engineer Sr. is achieved with experience. Both classifications are required to have an engineering degree, or its equivalent, and involve the use of judgment in applying the principles of trigonometry, structural me- chanics, geometry, algebra, stress analysis, and reinforced concrete design. Project planning engineer in the planning department pre- pares specifications for new company buildings, equipment, and other projects, sets up the schedules necessary for construction, sees that required material, supplies, and manpower are available as needed, and checks on conformity with requirements he has established. The work requires an engineering degree, and involves the use of inde- pendent judgment. Stress analyst and designers in product design group of fittings division are required to be graduate engineers. Their job is to translate the requirements of a customer into a product which the Employer can make and sell to the customer. Contrary to the Employer, there is no evidence that any of the above employees possess supervisory authority as defined in Section 2(11) of the Act. Nor, as indicated above, are they managerial employees merely because their actions affect the Employer's costs or because they deal directly with customers or suppliers. As the record fails to show that any of these employees are executives who formulate or effectuate management policies, we find that they are not managerial employees." However, the record shows that the work of all the above classifications requires an engineering degree, preferably in metallurgy, or its equivalent in training and experience. As it also appears that the work of these employees is predominantly intellec= 11 See cases cited in footnote 8, supra 560 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tual and varied in character and otherwise conforms with the re- quirements of Section 2(12) of the Act, we find, in agreement with the contention of the Petitioner, that these are professional employees and we shall include them in the professional voting group.12 Metallurgical engineer research, metallurgical department, the Pe- titioner contends is a professional employee. The Employer contends he is managerial. The Intervenor is neutral. This employee is en- gaged in conducting basic research and development programs in metals. He investigates and recommends various possible avenues of research. Upon occasion he participates in making decisions as to whether programs should be started. His chief responsibility, how- ever, is to carry out such decisions, deciding upon the techniques to be used, reviewing progress reports, and bringing such programs to a conclusion. The present incumbent holds bachelor's and master's degrees in metallurgical engineering. Under these circumstances, we find that the degree of this employee's participation in the formulation of management policy is too limited and sporadic to warrant exclud- ing him as a managerial employee.13 However, he clearly meets the requirements for a professional employee, and we shall include him in that voting group. Either the Employer or the Intervenor, or both, refused to agree with the Petitioner's contention that the following classifications should be included in the unit as either technical or professional employees : Combustion instrument adjusters A, B, and C in the metallurgical department inspect, repair, and install furnaces, and adjust and repair instruments in connection therewith. The record does not show that any of the 14 employees in these categories have any outside technical training. They are high school graduates who are taught their duties on the job. Additional experience only is required for promotion from the lower to thehigher rated jobs. Nondestructive test operators A and B in the metallurgical depart- ment check and adjust various measuring gauges and equipment used in the inspection and production departments. Their testing is done periodically and is routine in nature. High school graduates who are familiar with measuring devices, have good eyesight and manual dexterity, are given on-the-job training. Promotion is based on ex- perience. Spark test technicians and spark testers in the metallurgi- cal department determine the metallic composition of material by touching it to a grinding wheel and observing the resulting spark, spark testers being the more skilled and experienced of the two classi- fications. Although not a recognized science, the shape and color of the spark can give the tester an approximation of the material's 12 See Westinghouse Air Brake Company, etc., 121 NLRB 636, 638 ( chemist A). 18 Kitsap County Automobile Dealers Association, supra. LADISH COMPANY 561 metallic composition. These jobs do not require any technical school training or special courses. High school graduates are preferred and are required to learn, on the job, the distinguishing features of sparks given off by various metals, a matter of observation and memory, and once these features have been mastered, the standardized duties be- come routine. Specimen processors A and B, metallurgical depart- ment, heat treat test samples in order to determine the characteristics of the metal. They also lay out and direct the cutting of the material to be tested. However, they do not interpret the results of their heat treating. These employees are usually promoted from specimen pre- parers, who the parties agree are not technical (see footnote 3, above), and are required to be high school graduates only. Process sheet editors in the order editing group of customs division transpose on to a process (sheet information needed by the shop show- ing what order to follow in producing a particular forging. This in- formation is obtained from the estimate, the order, the metallurgical comment sheet, and the planning sheet furnished by other groups, as well as from similar or identical jobs which have been handled before. General knowledge of the Employer's products is helpful, but no specific technical training is required. Order editors and die order editors in the order editing group of customs division copy information as to what the customer wants on a shop order which is delivered to the shop, the account department, and the shipping department. They get this information from the customer's order, the estimate, and the metallurgical sheet. On the shop order they mark down the part names, the type of material, the number of pieces, the tolerances, the ultimate destination, and how the forging or die is to be shipped. This work also requires a general knowledge of the operations necessary to make the Employer's prod- ucts, but is not technical in nature, and high school graduation only is required, the necessary skill being acquired with experience. Weight calculators in estimating group of customs division figure the weight of a completed die or forging for use by an estimator. They do this by breaking the drawing of a die or forging down to simple geometric figures and calculating the weight of these figures by using formulas and tables which the Employer supplies and teaches the calculators how to use. The more difficult calculating-of high density material or complicated shapes-is done by the supervisors. Weight calculator is a typical first job for which employees are hired from the outside into the estimating group. The Employer prefers high school graduates for this work, and most of the incumbents are. Makeup drawing men in estimating group in customs division use regular drafting instruments in making simple, accurate, multiple- view drawings of parts ordered, working from customer's sketches or 554461-60-vol. 126-37 562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD blueprints. These drawings are used chiefly by the sales department to show the customer what the Employer will furnish. Copies are also used, upon occasion, by the estimating, engineering, and produc- tion departments. The drawings made constitute, in effect, illustra- tions of the items ordered. Although high school mechanical drawing is required to perform this work, no other drafting or other technical training is necessary to perform these duties. Estimators in estimat- ing group of customs division estimate the cost of producing a cus- tomer's order. Their estimate is based on information obtained from the order, salesman, metallurgical, and engineering departments, rec- ords of previous jobs, the supervisors, charts, and personnel of other departments. Knowledge of job methods, necessary tests, and costs is necessary. The Employer would like to have employees with 2 years of engineering school in these jobs, but feels that experience in the plant shop is more important. Of the 26 estimators, 2 are shown to have college degrees, and several are high school graduates. They are recruited from makeup, weight calculating, metallurgy, and standards and methods departments. Order engineers in estimating group of customs division perform a troubleshooting service for the Employer. When an order is received, they review the estimate upon which the bid was based to make certain the order will be covered by the price quoted. If not, they either devise ways to make the job profitable or review the order with pricing and sales personnel to see whether a higher price can be obtained. Although two of the six order engineers have engineering degrees, a degree is not required. Experience in tooling and shop methods, and in estimating work, is necessary. Junior draftsmen, fittings draftsmen, senior fittings draftsmen, fit- tings draftsmen and checker, drawing checker and group leader, and drafting section leader in product design group of fittings division are all engaged in the same basic job of making simple drawings, from sketches or other drawings, of various products ordered by customers. They do no tool or machine designing or plant layout work. These classifications represent progressive steps in the same job category, with the higher grade employees performing additional duties such as checking the work of, and teaching, the lower grade employees. High school graduation is required for the lowest classification, junior draftsman, but no drafting training is necessary either for the lowest classification or for promotion to the higher classifications. All these employees began as clerks or printing machine operators, and promo- tion is based on experience. Product designer in product design group of fittings division helps the stress analysts, found above to be pro- fessional employees, to organize projects. He follows up, keeps rec- ords of, expedites, and correlates the results of such projects. No technical training is required, the present incumbent having a degree LADISH COMPANY 563 in commerce, with no engineering training or experience. Inquiry processor, and inquiry processor and pricer, in inquiry and pricing group of fittings division, advise the sales department whether certain orders can be filled exactly from stock, and whether order specifica- tions can be met or will have to be changed. The latter category also advises on prices. They get the required information from other departments, such as metallurgy and product design. With experi- ence they build up knowledge which enables them to speed up their work. No technical training is required, the work being predomi- nately clerical in nature. Estimators in fittings estimating department-stainless and light- wall; open and closed die f orgings; weldings, fittings, and pipe; valves, do essentially the same work with regard to different products. Their duties are to make cost estimates on special orders, figuring weight and costs, and ascertaining availability of material, and time and method required for manufacture. The Employer requires esti- mators to be high school graduates, and instructs them in the use of the slide rule, weight tables, burden charts, capacity charts of equip- ment, and speed and feed rates of machine shop units. No special courses in mathematics, physics, metallurgy, or other technical sub- jects are required for these employees. Estimators cost analysis, in fittings estimating department, are engaged in a project to set up a systematic catalog of costs for the Employer's standard products. Their duties are to collect existing data on costs and process it through IBM machines. Production analyst in fittings estimating depart- ment is a new classification of employees whose duty it is to devise ways to do jobs, primarily in the machine shop, in a manner more economical to the Employer. They analyze production schedules and costs of individual operations, and study capacity, speed, and feed of various machines. Employees are predominantly high school graduates without any special technical training, but must have knowledge of the operations of the various machines in the shop. Clerk die order in the fittings estimating department assists estimators by writing up die orders for them, transcribing information from the estimator's worksheet on to a formal order form. Order editors in fittings order editing department change the nomenclature on the customer's order to Ladish Company nomenclature, and write down the part number for each part. They use the Ladish catalogue and the parts number manual. Clerk order writers in fittings production 14 department write up manufacturing orders, using printed forms, including therein all necessary information so that the shop can manufacture the product ordered. The order spells out the quantity to be made, the description of the product ordered, special instruc- tions, size, type of raw material, tooling, sequence of manufacture, 14 This subdivision of the fittings division is engaged in scheduling fittings production. 564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD marketing, or stamping. Clerk steel section in fittings production department maintain a raw material record inventory, posting receipts, and allocations of stock. Although the work of some of the above classifications may be con- sidered allied to work which is technical in nature, the record fails to show as to any of such classifications that the work both involves the use of independent judgment and requires the exercise of specialized training or education of the type contemplated by the Board's stand- ard for technical employees. Thus, while the record shows that the Employer prefers to hire high school graduates for these jobs, there is no showing of a requirement that they have education or training in addition to what can be acquired in high school. Nor is education or training, other than what is given by the Employer on the job for some classifications, required for advancement into the higher-rated categories. Under these circumstances, we find, contrary to the Peti- tioner, that these classifications are not professional employees, and that the record does not affirmatively support the claim that they are technical employees.15 We shall therefore exclude them.16 The engineer X-ray testing, metallurgical department, Petitioner contends is a technical employee, and the Employer contends he is a supervisor. The record shows that he is in charge of several X-ray technicians, who the parties agree are technical employees. He assigns, schedules, responsibly directs, and evaluates their work, and deals with other departments in matters pertaining thereto. Assistant supervisor estimating machine writing section of the estimating group, customs division, regularly spends about 25 percent of his time assigning the work of, and supervising, three employees, chiefly in the absence of the supervisor of the estimating machine writ- ing section. As the two foregoing employees are engaged full time or a substantial part of their time in exercising supervisory authority. we find that they are supervisors, and we exclude them.14 We find that the following employees may constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All technical and professional employees at the Employer's Cudahy, Wisconsin, plant, including all employees listed in Appendixes B and C attached hereto, but excluding all em- ployees listed in Appendix A, shop and office clerical employees, pro- duction employees, plant guards, and supervisors as defined in the Act. 16 Litton Industries of Maryland, Incorporated, supra le Although the Board indicated in a previous case involving this plant, 100 NLRB 159, 163, that combustion instrument adjusters were technical employees, the facts therein agree with the record in this case that they are required to have only a thigh school education and no additional technical training is required . These employees are therefore clearly not technical employees within the meaning of the Litton case, and we so find 17 United States Gypsum Company, 116 NLRB 638 LADISH COMPANY 565 The unit set out above includes professional and nonprofessional employees. However, the Board, as noted above, is prohibited by Section 9 (b) (1) of the Act from including professional employees in a unit with employees who are not professional unless a majority of the professional employees vote for inclusion in such a unit. Accord- ingly, we must ascertain the desires of the professional employees as to inclusion in a unit with nonprofessional employees. We shall therefore direct separate elections in voting groups (a) and (b) described below, excluding from each group all employees listed in Appendix A attached hereto, shop and office clerical employees, production employees, plant guards, and supervisors as defined in the Act. (a) All technical employees at the Employer's Cudahy, Wisconsin, plant, including all employees listed in Appendix B attached hereto.18 (b) All professional employees at the Employer's Cudahy, Wiscon- sin, plant, including all employees listed in Appendix C attached hereto. The employees in the nonprofessional voting group (a) will be polled as to which, if either, of the competing unions they wish to represent them. The employees in the professional voting group (b) will be asked two questions on their ballot : (1) Do you desire the professional employees to be included with the technical employees in a unit composed of all technical and pro- fessional employees at the Employer's Cudahy, Wisconsin, plant, for the purposes of collective bargaining? (2) Do you desire to be represented for the purposes of collective bargaining by Technical Engineers Association, Independent; or by District No. 10, International Association of Machinists, AFL-CIO; or by neither? If a majority of the professional employees in voting group (b) vote "Yes" to the first question, indicating their wish to be included in a unit with the nonprofessional employees, they will be so included. Their votes on the second question will then be counted together with the votes of the nonprofessional voting group (a) to decide the repre- sentative for the whole technical and professional unit. If, on the other hand, a majority of the professional employees in voting group (b) vote against inclusion, they will not be included with the non- professional employees. Their votes on the second question will then be separately counted to decide which union, if either, they want to Is The Employer requested the unit description be confined to employees in departments discussed at the hearing because of the possibility of a future contention that employees in other departments are technical or professional . The request is denied . There is no contention that there are, in fact , technical or professional employees in the plant other than those included in the voting groups herein . The Board does not find appropriate units which include some but not all technical employees , and it is intended that the unit descriptions herein be all inclusive . Cf. Allis-Chalmers Manufacturing Company, 117, NLRB 749 ,566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD represent them in a separate professional unit. The Petitioner has declared its willingness to represent the professional employees sepa- rately. The Intervenor has not indicated on the record that it is un- willing to represent the professional employees separately if those employees vote for separate representation. However, if the Inter- venor does not desire to represent the professional employees in a separate unit even if those employees vote for such representation, it may notify the Regional Director to that effect within 10 days of the date of this Decision and Direction of Elections. Our unit determination is based, in part, then, upon the results of the election among the professional employees. However, we now make the following findings in regard to the appropriate unit : (1) If a majority of the professional employees vote for inclusion in a unit with the nonprofessional employees, we find that following employees will constitute a unit appropriate for the purposes of col- lective bargaining within the meaning of Section 9(b) of the Act: All technical and professional employees at the Employer's Cudahy, Wisconsin, plant, including all employees listed in Appendixes B and C attached hereto; but excluding all employees listed in Appendix A attached hereto, shop and office clerical employees, production em- ployees, plant guards, and supervisors as defined in the Act. (2) If a majority of the professional employees do not vote for inclusion in the unit with the nonprofessional employees, we find that the following two groups of employees will constitute separate units appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act : (a) All technical employees at the Employer's Cudahy, Wisconsin, plant, including all employees listed in Appendix B attached hereto; but excluding all employees listed in Appendixes A and C attached hereto, shop and office clerical employees, production employees, plant guards, and supervisors as defined in the Act. (b) All professional employees at the Employer's Cudahy, Wis- consin, plant, including all employees listed in Appendix C attached hereto; but excluding all employees listed in Appendixes A and B attached hereto, shop and office clerical employees, production em- ployees, plant guards, and supervisors as defined in the Act. '[Text of Direction of Elections omitted from publication.] APPENDIX A EXCLUDED CLASSIFICATIONS 1. Neither technical nor professional Metallurgical Department Specimen Preparers A, B, and C Specimen Preparer Learner LADISH COMPANY Physical Test Expediters Nondestructive Test Classifiers Metallurgical Storesmen Metallurgical Typist A Heating and Forging Classifiers B Metallurgical Custodian Combustion Instrument Adjusters A, B, and C Nondestructive Test Operators A and B Spark Test Technicians Spark Testers Specimen Processors A and B Engineering Department Blueprinters File Clerk Stenographer Planning Department Secretary-stenographer Air Force Property Administrator Supply Clerk Branch Plants Customs Division Order Editing Clerk Print Clerk Vault Clerk Photostat Machine Operator Print Checker Process Sheet Editors Order Editors Die Order Editors Estimating Weight Calculators Makeup Drawing Men Estimators Clerk Secretary Order Engineers Order Acknowledgment and Pricing Order Acknowledgers Clerks Fittings Division Product Design Secretary Filing and Clerical 567 568 DECISIONS OF NATIONAL. LABOR-- RELATIONS BOARD File Clerk Junior Draftsmen Fittings Draftsmen Senior Fittings Draftsmen Fittings Draftsmen and Checker Drawing Checker and Group Leader Product Designer Drafting Section Leader Inquiry and Pricing Credit Processor Pricers Writeup Clerk Inquiry Router Inquiry Processor Inquiry Processor and Pricer Estimating Stenographer Estimator Stainless and Lightwall Estimator Open and Closed Die Forgings Estimator Weldings, Fittings and Pipe Estimator Valves Estimator Cost Analysis Production Analyst Clerk Die Order Order Editing Clerk Order Proofreader Log Clerk Order Editors Fittings Production Secretary Clerks Clerk Order Writer Clerk Steel Section Clerk Order Writing Section II. Supervisory or managerial Metallurgical Department Chief Metallurgist Assistant Supervisor Sonic Testing Supervisor Heating Section Metallography and X-ray Defraction LADISH COMPANY Metallurgical Engineer Engineer Lubrication, Corrosion and Valve Testing Fittings Metallurgist Shift Supervisor Forging Section Research and Development Metallurgist Metallurgical Engineer Supervisor Heat Treating and Tooling Research Metallurgist • Mechanical Engineer Physical Test Assistant Chief Metallurgist Fittings Engineer Materials Metallurgical Engineer Supervisor Missiles General Supervisor Heating and Forging Section General Supervisor Nondestructive Tests Engineer Data and Record Systems Chief Chemist Assistant Supervisor Induction Heating and Pyrometry Assistant Supervisor Repairs Heating Section Supervisor Photography Coordinating Engineer of Tests Welding Engineer Assistant Supervisor Forging Section Assistant Chief Chemist Assistant Supervisor Nondestructive Tests Office Manager Assistant Supervisor Office Shift Supervisor Physical Tests Metallurgical Director of Heating and Forging Engineer Stress Analysis Metallurgical Engineer Fittings, Welding and Special Tests Engineer X-ray Testing Standards and Methods Department Shift Supervisor Working Supervisor Engineering Department Supervisor Assistant Supervisor Planning Department Department Head Customs Division Order Editing Department Head Assistant Department Head • Supervisor 569 570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Order Acknowledgment and Pricing Supervisor Order Acknowledgment Supervisor Pricing Pricers Cancellations and Special Projects Estimating Special Project Engineer Supervisors Assistant Supervisor Estimating Machine Writing Section Department Head Fittings Division Product Design Assistant Chief Product Designer Administrative Assistant Inquiry and Pricing Department Head Assistant Department Head Supervisors Estimating Department Head Supervisors Order Editing Group Leader Fittings Production Department Head Assistant Department Head Supervisors APPENDIX B TECHNICAL EMPLOYEES Metallurgical Department Process Controllers A, B, and C Heating Monitors C Welding Technicians A and B Ultra Sonic Test Technicians A, B, and C X-ray Technicians A, B, and C Electronic Technicians A and B Chemical Analysts Photographer's Assistant Photo Developer B Laboratory Technicians LADISIH COMPANY Laboratory Assistant Physical Tester Stress Rupture Test Technicians A, B, and C Induction Heating Technicians A and B Macro Etch Testers A and B Test Equipment Technicians A and B Spectrographic Technicians Technical Specialists A, B, and C Metallographer's Assistant Compounding and Lubrication Technicians A and B Thermo Couple Preparers Pyrometry Research and Development Testing Coordinator Metallurgical Coordinator Heat Treating Engineer Claims and Material Investigation Standards and Methods Department Timestudy Men Sr. and Jr. Timestudy Man Trainee Engineering Department Draftsmen A and B Draftsmen Apprentices Die Design Apprentices Tool Designers, Sr. and Jr. Machine Designers, Sr. and Jr. Inspection Department Quality Control Technician-draftsman Quality Control Technicians APPENDIX C PROFESSIONAL EMPLOYEES Metallurgical Department Metallographers Chemical Engineers Shop Operations Chemist Methods and Application Metallurgical Engineer Claims and Reports Chemist Special Testing Engineer Tests Testing Engineer Engineer Heat Treat and Testing Metallurgical Engineer Nonferrous Alloys Metallurgical Engineer Specific Customer Service Metallurgical Engineer Missiles 571 572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Engineer Missiles Metallurgical Engineer Material Metallurgical Engineer Estimating Metallurgical Engineer Material and Specific Customer Service Engineer Fittings and Specifications Metallurgical Engineer Research Engineering Department Engineers Sr. and Jr. Planning Department Project Planning Engineers Product Design Group of Fittings Division Stress Analyst and Designer Meat and Provision Drivers, Local 626, International Brother- hood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Independent [Washington Rendering Company] and Clarence L. Brown & Associates. Case No. 21-CB-1351. February 10, 1960 DECISION AND ORDER On September 4, 1959, Trial Examiner Martin S. Bennett issued his Intermediate Report in this case, finding that the Respondent had engaged in and was engaging in unfair labor practices in violation of Section 8 (b) (3) of the Act and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the Respond- ent filed exceptions to the Intermediate Report, and a supporting brief. 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 [Chairman Leedom and Members Jenkins and Fanning]. The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Inter- mediate Report, the exceptions and brief, and the entire record in the case, and hereby adopts the findings, conclusions, and recommenda- tions of the Trial Examiner. The complaint alleged, and the Trial Examiner found, that Re- spondent violated Section 8(b) (3) of the Act by failing to comply with the requirements of Section 8(d) (1), (3), and (4) 1 at a time when a collective-bargaining agreement which it executed on Novem- i Section 8 (d) provides in part : ` . . . That where there is in effect a collective- bargaining contract covering employees in an industry affecting commerce, the duty to 126 NLRB No. 72.