Trico Products Corp.

TRICO PRODUCTS CORPORATION Trico Products Corporation and International Union, United Automobile, Aerospace and Agricul- tural Implement Workers of America, AFL-CIO, Petitioner and' International Society of Skilled Trades, Petitioner and Trico Workers Union, In- dependent, Intervenor. Cases 3-RC-4213 and 3-RC-4221 January 23, 1968 DECISION, ORDER, AND DIRECTION OF ELECTION BY CHAIRMAN MCCULLOCH AND MEMBERS BROWN AND ZAGORIA Upon petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Genuino J. Grande, of the National Labor Relations Board. Briefs have been filed by the Employer, the Peti- tioner; and the Intervenor. I Following the hearing and pursuant to Section 102.67(h) of National Labor 'Relations Board's Rules and Regulations and Statements of Procedure, Series 8, as amended, and by direction of the Regional Director for Region 3, this case was transferred to the National Labor Relations Board. The Hearing Officer's rulings made at the hearing are free from prejudicial error and are hereby af- firmed. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its powers in connection with this case to a three- member panel. - 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. 3. A question affecting commerce exists con- cerning the representation of the employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. The instant case involves two petitions, one by the International Society of Skilled Trades (herein ISST) seeking a severance election in a unit consisting of toolroom and 'tool hardening em- ployees, and the other by the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, AFL-CIO (herein UAW), seeking an election in the overall produc- tion and maintenance unit currently represented by the Trico Workers Union (herein TWU). ' The International Union of Metal Polishers, Buffers, Platers and Hel- pers Local Union No. 18 , AFL-CIO, currently represents a unit at Trico. Although these employees were excluded from the units sought by the petitions, certain testimony at the hearing involved this unit. Therefore, 287 The Employer is engaged in the manufacture and sale of automotive parts for use as original equip- ment on motor vehicles and for distribution in the replacement market. It operates three plants in the -Buffalo area employing approximately 2,500 hourly paid workers. (The Employer also operates a fourth plant in Canada which is not involved in the instant proceeding.) Approximately 200 of these em- ployees are polishers, buffers, and platers who have been represented by the Metal Polishers, Buffers, Platers, and Helpers International Union, AFL-CIO (herein Metal Polishers), as a craft unit since 1934. No other union seeks to represent these employees. The TWU has represented the produc- tion and maintenance unit including truckdrivers since 1942. The ISST petition seeks a severance election among approximately 230 toolroom em- ployees in the seven toolroom departments of the three plants involved. The Employer, UAW, and TWU all take the position that the sole appropriate unit is the contractual unit of all production and maintenance employees including the toolrdom em- ployees. The Skilled Nature of the Toolroom Employees The parties agree that the employees sought by the ISST petition includes some unskilled em- ployees along with readily identifiable skilled crafts- men' who exercise the skills of their craft in a non- repetitive manner and perform no direct production work. However, upon appraisal of all of the Mallinckrodt factors,2 we do not believe that a severance election is warranted in this case. History of Collective Bargaining In the 25-year history of collective bargaining in the production and maintenance unit, there has never been a work stoppage of any kind . A serious threat to this stable labor relations record occurred in 1958 when the skilled trades in general , and the toolroom employees in particular, were not satisfied with the subcontracting provisions contained in the negotiated collective-bargaining agreement. They withheld ratification of the final agreement for over 2 months. (At that time, the skilled trades at Trico [as defined by the TWU contract] possessed a veto power over the ratification of collective-bargaining agreements . This veto power has subsequently been removed by vote of the TWU membership.) Adequacy of Representation The toolroom employees comprise approximate- ly 230 of the 2,300 employees represented by the the Metal Polishers participated in the hearing as observers without taking positions on the issues involved. 2 Mallinckrodt Chemical Works, Uranium Division, 162 NLRB 387. 169 NLRB No. 58 288 DECISIONS OF NATIONAL TWU. However, at the most recent bargaining ses- sions (1964), the TWU negotiating committee con- tained four toolroom employees out of nine mem- bers. A toolroom employee has been president of the TWU since 1962. From 1953 through 1966, a toolroom employee held the second highest office (secretary) in the TWU. The skilled trades in general, including toolroom employees, held the presidency of the TWU from 1947-60. When the toolroom employees desired to rein- stitute an apprenticeship program which had previ- ously been canceled due to extensive layoffs, they were permitted by the TWU to negotiate directly with the Employer. The toolroom employees earn higher annual wages than any other of the hourly paid employees. They are also paid the highest percentage dif- ferential for working the second and third shifts. Working within the framework of the TWU, they have successfully maintained their position. In fact, in the fall of 1966, pursuant to a wage reopener, an informal group of skilled tradesmen, led by a tool- maker, requested that a proposed wage raise be granted on a percentage, rather than an across-the- board basis. The TWU did not oppose this request, and a percentage increase was granted. The evidence in the record leads to the in- escapable conclusion that the toolroom employees have been adequately represented by the TWU. Despite constituting only 10 percent of the mem- bership, they have consistently held high offices in the TWU and constituted nearly 50 percent of the most recent union bargaining committee. Their spe- cial interests have been cared for, and their annual wages are the highest of all the hourly paid workers. Subcontracting It is alleged by the ISST that adequate protection against subcontracting is a major source of tool- room employee discontent. However, the most recent collective-bargaining agreement provides that there will be no layoff of toolroom employees due to subcontracting. The Employer, at the time the clause was negotiated, stated that, if a better subcontracting clause could be found anywhere in the automobile or automotive parts industries, he would seriously consider accepting it. No such clause was produced. Furthermore, at least 15 tool- room apprentices have been hired by the Employer since January 1966, with the apparent retirement of only I toolmaker in that period. Integration of the Employer's Operations The toolroom employees make the majority of the dies used in the Employer's production process. In addition, all of the repair work on the dies is per- formed by these employees. Some of the employees LABOR RELATIONS BOARD in question perform part of their toolmaker func- tions in production areas. Since dies would appear to be necessary for the manufacture of virtually all of the component parts produced by the Employer, it is clear that the toolroom employees are a vital cog in the continuity of the production process. Summary, Analysis, and Conclusions The ISST relies heavily on our decision directing a severance election in a unit of tool-and-die makers in Jay Kay Metal Specialties Corp. 3 However, in that case, bargaining for wage rates and job classifi- cations had, since 1961 (when the Intervenor sup- planted another union), been conducted with tool- room employees individually outside the framework of the collective-bargaining agreement in force. The instant case does not present a history of separate bargaining approaching that involved in Jay Kay Metals. In fact, the Employer's toolroom employees have operated quite successfully within the framework of the TWU. They have maintained their position as the highest annual wage earners and have consistently been able to discuss their spe- cial interests with the Employer. Similarly, we recently directed a severance elec- tion in a unit of toolroom employees in Buddy L. Corp. 4 However, in that case, the toolroom em- ployees had not participated in the Intervenor's in- ternal affairs or in collective-bargaining negotia- tions since 1964. The high offices held by toolroom employees in the TWU and their strong representa- tion on the most recent TWU negotiating commit- tee demonstrate that the toolroom employees in the instant case have participated fully in the affairs of their collective-bargaining representative. The ISST petition seeks a severance election in what is, admittedly, a traditional craft group. The special skills exercised by the toolroom employees and the training necessary to acquire these skills may give rise to unique considerations which do not exist for the production and maintenance em- ployees in general. However, the record in the in- stant case does not indicate,that considerations unique to the toolroom employees have been sacri- ficed in favor of the interests of the overall produc- tion and maintenance unit. On, the contrary, tool- room employees have been able to secure an ap- prenticeship program; to hold high offices within the TWU; to maintain their position as the highest annual wage earners; and to confront management with their grievances (e.g., with regard to subcon- tracting). In fact, operating within the TWU framework, the toolroom employees have made their presence felt far out of proportion to their numbers. In addition, we must also consider a 25- year history of stable collective bargaining and the highly integrated nature of the Employer's opera- tions. 3 163 NLRB 719. 4 167 NLRB 808. TRICO PRODUCTS CORPORATION 289 The foregoing factors, considered as a whole, in- dicate to us the inappropriateness of directing a severance election in the instant case. Therefore, we shall dismiss the petition of the ISST in Case 3-RC-422 1, grant the petition of the UAW in Case 3-RC4213, and direct an election in the unit described below. Accordingly, it is found that the following em- ployees of the . Employer constitute a unit ap- propriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All production and maintenance employees, in- cluding truckdrivers, but excluding employees in departments 12 and 13 and all polishers, buffers, platers, their helpers and apprentices, all office em- ployees, laboratory employees, nurses, foremen, assistant foremen, guards, and supervisors as defined in the Act. ORDER It is hereby ordered that the petition in Case 3-RC-4221 be, and it hereby is, dismissed. [Direction of Elections omitted from publica- tion. ] s An 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 3 within 7 days after the date of this Decision and, Order, 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 circum- stances. Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed. Excelsior Underwear Inc., 156 NLRB 1236.