Gibbs & Cox, Inc.

220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Gibbs & Cox, Inc. and Marine Technicians ' Guild, Gibbs & Cox, Inc., Petitioner. Case 2-UC-10 November 15, 1967 DECISION AND ORDER BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND BROWN Upon a petition duly filed under Section 9(b) of the National Labor Relations Act, as amended, a hearing was held before Herzl S. Eisenstadt, Hear- ing Officer of the National Labor Relations Board. Thereafter, the Employer and the Union filed briefs. Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connec- tion with this case to a three-member panel. The Hearing Officer's rulings made at the hearing are free from prejudicial error and they are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the pur- poses of the Act to assert jurisdiction herein. 2. The labor organization involved claims to represent certain employees of the Employer. 3. This proceeding involves the Employer's New York, New York, office, where it is engaged in furnishing naval architectural and marine en- gineering services to private concerns and to the Government. Since 1946 the Petitioner has been the certified bargaining representative of the follow- ing unit: All drafting employees (excluding engineers, assistant engineers, scientific assistants, super- visors and assistant supervisors), technical em- ployees (excluding supervisors, engineers, assistant engineers and material man A) and model makers (excluding foreman) of the Em- ployer, New York, New York, excluding ex- ecutive, managerial, and supervisory em- ployees .... On March 13, 1967, the Petitioner filed a petition seeking clarification of the above unit to include therein specialists, and associate, assistant, and ju- nior engineers, as well as some full engineers. Peti- tioner contends that the work of these employees differs only in degree from work currently being performed by unit employees and that 14 unit em- ployees who were elevated to positions in such categories without the bargaining unit should be returned to the unit. The existing unit was certified in 1946 and con- tains both employees who perform routine tasks requiring only rudimentary knowledge and others who possess professional degrees, and who engage in complex drafting and scientific work. Following the Board's certification of this unit containing professional and nonprofessional employees, the parties negotiated a contract on January 1, 1947. Over the intervening 20-year period, the unit defini- tion and appendices of included job classifications were repeatedly amended to reflect newly established job titles. The Petitioner has never represented the engineering category employees in issue under their present titles and they have not been involved in collective bargaining. As for the categories which Petitioner seeks to in- clude in the unit herein, the present record is in- adequate for determining whether all are profes- sionally constituted, but it is apparent that many of the employees are in fact professional employees under the Act. While the existing unit of profes- sional and nonprofessional employees was established without a separate ballot among the professionals, that was before passage of Section 9(b)(1) of the Act in 1947.' Were we to grant Peti- tioner's request, however, we would now be adding other professional employees without a separate election as required by Section 9(b)(1). As the Act precludes granting this relief, we shall dismiss the petition for clarification.2 ORDER It is hereby ordered that the petition to amend and clarify certification be, and it hereby is, dismissed. I Sec 9(b)(1) provides ". That the Board shall not (1) decide that any unit is appropriate for such purposes if such unit includes both profes- sional employees and employees who are not professional employees un- less a majority of such professional employees vote for inclusion in such unit . " L See Lockheed Aircraft Corporation, 155 NLRB 702, 713, cf A 0 Smith Corporation, 166 NLRB 845 168 NLRB No. 42