Danly Machine Specialties, Inc.

DANLY MACHINE SPECIALTIES, INC. 1123 (f) Notify the said Regional Director, in writing, within 20 days from the date of receipt of this Decision , what steps the Respondent has taken to comply herewith 26 26 In the event that this Recommended Order is adopted by the Board, this provision shall be modified to read: "Notify the Regional Director, in writing, within 10 days from the date of this Decision, what steps the Respondent has taken to comply herewith." APPENDIX A NOTICE TO ALL MEMBERS OF LOCAL 545 INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO Pursuant to the Recommended Order of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Rela- tions Act, as amended, we hereby notify you that: WE WILL NOT cause or attempt to cause Joseph Saraceno & Sons, Inc., to discriminate against William M. Ahles, Sr., or any other of its employees in violation of Section 8(a)(3) of the Act. WE WILL NOT in any like or related manner restrain or coerce employees of Joseph Saraceno & Sons, Inc., in the exercise of their rights guaranteed in Section 7 of the Act, except to the extent that such rights may be affected by an agreement requiring membership in a labor organization as a condition of employment in accordance with Section 8(a)(3) of the Act, as modified by the Labor Management Reporting and Disclosure Act of 1959. WE WILL notify Joseph Saracen & Sons, Inc., in writing, that we have no objection to the reinstatement of William M. Ahles, Sr., and we shall furnish the said employee with a copy of such notification. WE WILL make whole William M. Ahles, Sr., for any loss of pay he may have suffered by reason of the discrimination against him. LOCAL 545, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, Labor Organization. Dated------------------- By------------------------------------------- (Representative) (Title) NOTE.-We will notify the above-named employee if presently serving in the Armed Forces of the United States of his right to full reinstatement upon applica- tion in accordance with the Selective Service Act and the Universal Military Train- ing and Service Act, as amended, after discharge from the Armed Forces. This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. If members have any question concerning this notice or compliance with its provisions, they may communicate directly with the Board' s Regional Office, Fourth Floor, The 120 Building, 120 Delaware Avenue, Buffalo, New York 14202, Tele- phone 842-3112. Danly Machine Specialties, Inc., Employer-Petitioner, and Inter- national Union of District 50, United Mine Workers of America, Petitioner, and Local 134, International Brotherhood of Electri- cal Workers, AFL-CIO. Cases 13-RC-10875 and 13-RM-839. November 16, 1966 DECISION AND DIRECTION OF ELECTION Upon separate petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a consolidated hearing 161 NLRB No. 84. 1124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD was held before Hearing Officer William D. Boetticher. The Hearing Officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Following the hearing and pursuant to Sec- tion 102.67 of the National Labor Relations Board Rules and Regula- tions and Statements of Procedure, Series 8, as amended, by direction of the Regional Director for Region 13, these cases were transferred to the National Labor Relations Board for decision. Briefs have been filed by the Employer and the Petitioner. 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 employees of the Employer.' 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Sec- tions 9(c) (1) and 2(6) and (7) of the Act. 4. Both the Employer-Petitioner and the Petitioner seek an elec- tion in a unit composed of all the employees performing electrical work. There has been a history of bargaining at the Employer's Chicago, Illinois, plant for the unit in question since 1950. It was at that time that the present incumbent, IBEW Local 134, severed a unit of 11 craft electricians from the larger production and mainte- nance unit for which there had been a bargaining history dating from 1942.2 At the hearing IBEW took the position that it wished to represent only those unit employees whom it regarded as possessing the necessary skills to be classified as craftsmen. This number included only the 16 maintenance electricians ; it disclaimed any interest in representing the other employees in the historical unit, which includes both production and maintenance electricians. At the time of their severance, the 11 craft electricians were per- forming all the electrical maintenance work in the plant in addition to any electrical production work that might be required of them. At that time, the Employer was engaged principally in the manu- i The Interest of Local 134 (hereinafter "IBEW" ) derives from its recently expired contract. On the basis of the submission of authorization cards obtained prior to the hearing herein but submitted thereafter because of its lack of knowledge as to the pendency of the peti- tions, International Union, United Automobile , Aircraft and Agricultural Implement Workers of America, AFL-CIO (hereinafter "UAW"), is granted the status of Intervenor and will be placed on the ballot in the election directed herein. 2 It was not until the current year, however, that Petitioner District 50 was certified and its Local 15271 became the representative of approximately 1,500 bargaining unit employees in the production and maintenance unit. At the hearing herein there was a question as to whether the Petitioner was District 50 or Local 15271 until it was stipulated by the Petitioner 's representative that District 50 and not the representative of the produc- ion and maintenance unit was in fact the petitioning union. DANLY MACHINE SPECIALTIES, INC. 1125 facture of diemakers' supplies., Somewhat earlier, however, it had embarked on a program of reconversion and expansion, and was retooling its operation for the production of large custom mechanical stamping presses. The production, of these presses is now the largest part of; its business requiring the work of 1,500 employees, whereas the die set division employs only about 400.3 As the operations of the Employer were altered, the number of employees in the electricians unit grew from 11 to more than 100 at the time of the hearing. At the present time the unit consists of 16 electricians in the maintenance department who do maintenance work, about 23 press electricians who are engaged in electrical work related to the fabrication of the stamping presses, and about 60 electricians classified as assemblers. The maintenance electricians are required to perform all mainte- nance in the plant buildings and on machine tools which are .used by production employees. Although the maintenance electricians do not service the large custom-made stamping presses,which are designated for shipment to customers, they do maintain smaller presses and other -electrical apparatuses fashioned for use at the Employer's premises, for which the wiring and actual testing has been performed by press electricians. The, press electricians are involved in the assembling, connecting, and initial troubleshooting of all the products fabricated at Danly. Once the smaller stamping presses and other electrical instruments are put into service in Danly's operations, their maintenance is the responsibility of the maintenance electricians, who utilize the same skills that had been used before by the press electricians in wiring the machines and in actually testing them. In addition to the foregoing, other, evidence in the record demon- strates that the maintenance electricians possess no higher.degree of skill than the press electricians. Both work within the same classifica- tions, receive the same wages, for seniority purposes are permitted to bump one another, and are the holders of "B" cards, which are issued by their union and mark their journeymen status. Like maintenance electricians, the press electricians provide and care for their own hand tools, work with live wire carrying up to 440 volts, and must read schematics and blueprints. During the initial operational testing period of an assembled press, which may last from 3 days to a week, press electricians perform repair and troubleshooting'functions utiliz- ing skills identical to those exercised by maintenance electricians. An equal time, about 2 years, is required for either to achieve journeymen The production and maintenance unit includes, employees from both these divisions. 1126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD status and qualify as a "B" cardholder. Strongly militating against any argument that the maintenance electricians alone can claim the attributes of craftsmen is the fact that in recent years at least two leadman electricians in the electrical assembly department were trans- ferred to the maintenance department in order to lead and instruct the employees therein with respect to the operation and maintenance of highly complicated apparatus with automated controls. On the basis of the foregoing, and upon the entire record, we find that the unit limited to maintenance electricians sought by the IBEW is inappropriate since it includes only a segment of all the craft electricians.4 In light of all the circumstances, including the fact that the skilled electricians and nonskilled assemblers, have been represented con- tinuously since 1950 in the unit for which both District 50 and Employer have filed representation petitions, we further find that the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9(b) of the Act: All maintenance electricians and their appren- tices and trainees, and all electricians and assemblers, and their apprentices and trainees, in the electrical assembly department, excluding all other production and maintenance employees, office and professional employees, detailers, tracers, designers; draftsmen, time- keepers, cooperative students, boilerroom employees, cafeteria and canteen employees, nurses, guards, watchmen, truckdrivers, and supervisors as defined in the Act. 5. We find no merit in the contention of the Employer that because of the disclaimer by the IBEW, the employees involved herein should be included in the overall production and maintenance unit without the benefit of an election. We find that the representative desires of the employees may be best determined through the election in the unit petitioned for by the Employer and the Petitioner which we shall direct herein. [Text- of Direction of Election omitted from publication.] 5 8 * Bucyrus-Erie Compamy, 110 NLRB 314. 5An election eligibility list, containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 1.3 within 7 days after the date of this Decision and Direction of Election. The Regional Director shall make the list available to all parties to the election. No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances. Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed. Excelsior Underwear Inc. and Sahtdo Knitting Inc., 106 NLRB 1236. 6The IBEW has indicated its unwillingness to appear on any ballot other than for an election directed in a unit of maintenance electricians, and its name has been omitted. However, because of its past representative status, we shall permit it to appear on the ballot if within 10 days of issuance of our Decision it notifies the Regional Director for Region 13 of a desire to participate. If the IBEW exercises its option to appear on the ballot , the Direction of Election shall be deemed amended accordingly.