Reliable Casting Corp.

RELIABLE CASTINGS CORP. Reliable Castings Corporation and International Union, United Automobile, Aerospace and Agricul- tural Implement Workers of America, UAW, Peti- tion. Case 9-RC-12083 May 24, 1978 DECISION AND DIRECTION BY CHAIRMAN FANNING AND MEMBERS JENKINS AND PENELLO Pursuant to a Stipulation for Certification Upon Consent Election, an election by secret ballot was conducted under the direction and supervision of the Regional Director for Region 9 on July 21, 1977, among the employees in the appropriate unit. At the conclusion of the election, the parties were furnished with a tally of ballots which showed that, of approxi- mately 287 eligible voters, 274 cast ballots of which 130 were for, and 115 against, the Petitioner, and 29 ballots were challenged. The challenged ballots are sufficient in number to affect the results of the elec- tion. In accordance with the National Labor Relations Board Rules and Regulations, Series 8, as amended, the Regional Director for Region 9 conducted an in- vestigation and, on August 18, 1977, issued and duly served on the parties his "Report on Challenged Bal- lots, Order Directing Hearing, and Order Transfer- ring Case to the Board." The Regional Director found that the challenges raised material and sub- stantial issues which could best be resolved on the basis of record testimony at a hearing, and directed that a hearing be held to resolve those issues. There- after, a hearing was conducted on August 31 and September 12, 15, and 23, 1977, before Hearing Offi- cer Donald B. Hordes. All parties were afforded op- portunity to be heard, to examine and cross-examine witnesses, and to introduce all relevant evidence bearing upon the issues in the case. On December 22, 1977, the Hearing Officer issued his Report and Recommendation on Challenged Bal- lots in which he recommended that the challenges to the ballots of Robert Collett, Ira Jones, William Ber- ra, Herbert Goshorn, Dexter Miller, Paul Price, Jerry Sebastian, Walter Sebastian, Donnie Turner, Homer Watkins, Mike Watkins, and John McDaniel be overruled; and that the challenges to the ballots of Bruce Ashley, Gary Ball, Robert Geise, Robert Sel- nick, John Del Favero, Daniel Gates, Alex Watkins, Bobby Bowling, Peter Schultz, Thomas Goshorn, Edwin Jauch, Harold Mobrley, Charles Lakes, Wil- bert Sampson, James Tierney, Carl Weghorst, and Clay McIntosh be sustained. Thereafter, the Em- ployer filed timely exceptions to the Hearing Officer's report and a brief in support thereof. 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 au- thority in this proceeding 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 and it will effectuate the pur- poses of the Act to assert jurisdiction herein. 2. The labor organization involved claims to rep- resent certain employees of the Employer. 3. A question affecting commerce exists concern- ing the representation of employees within the mean- ing of Sections 9(c)( ) and 2(6) and (7) of the Act. 4. The following employees of 4he Employer con- stitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9(b) of the Act: All production and maintenance employees and truckdrivers but excluding all office clerical em- ployees, professional employees, guards, and supervisors as defined in the Act. 5. The Board has considered the Hearing Officer's report on challenges, the exceptions and brief, and the entire record in this proceeding, and hereby adopts the Hearing Officer's findings and recommen- dations as modified below.' We adopt the Hearing Officer's findings that John Del Favero and Daniel Gates should be excluded from the production and maintenance unit, and we shall therefore sustain the challenges to their ballots. The Hearing Officer found, and we agree. that Del Favero and Gates are "time studN" employees and are considered technical employees based on their special skills, their exercise of independent judgment in job methods and rates, and their special education and training. Further, in view of their special skills and use of independent judgment. their separate su- pervision, the substantial time they spend off the pro- duction floor in their office, and their exclusion from the coverage of the prior collective-bargaining agree- ment, the Hearing Officer properly determined that the challenges to their ballots should be sustained.' We find merit in the Employer's contention that the Hearing Officer erred in excluding employees classified as patternmakers, on the basis that the pat- ' No exceptions were taken to the Hearing Officer's recommendation to overrule the challenges to 12 ballots as set forth above Nor were any excep- tions taken to his recommendation to sustain the challenge, to the hallots of Bruce Ashles. Garv Ball. Robert Geise, Robert Selnick, Alex Watkins. Bob- bhy Bowling. Peter Schultz. and Clas Mcintosh Accordingly we adopt those findings - The Sheffield C(orporation. 134 N L RB I 10I 196 11 236 NLRB No. 45 315 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ternmakers constitute a separate craft group which does not enjoy a community of interest with the pro- duction and maintenance unit.3 While we agree that the patternmakers are, in general, highly skilled craft employees, we find that no sufficient basis exists for excluding them from the production and mainte- nance unit, in the circumstances herein, particularly where, as here, no union seeks to represent them sep- arately.4 The Hearing Officer found most significant the factors that the patternmakers (I) must complete a stringent 4-year craft apprenticeship program: and (2) enjoy an hourly rate of pay higher than the aver- age hourly rate for production employees and their hourly rate of pay is pegged to the prevailing hourly rates for patternmakers working for other employers in the Cincinnatip metropolitan area. However, a close examination of these factors reveals that they are not in themselves determinative, and must be considered in conjunction with the entire record. Thus, the patternmakers were included within the coverage of the 1970-72 collective-bargaining agree- ment between the Employer and District 50, United Mine Workers of America, which basically covered all production and maintenance employees. Their wages were then, as now, pegged to the prevailing wage rates for Cincinnati area patternmakers. Addi- tionally, in six to eight prior elections, covering a pe- riod exceeding 20 years, the pattern department em- ployees had been included in the unit for purposes of the elections. Furthermore, the patternmakers are subject to the same employment manual that covers all other production and maintenance employees, and in fact representatives of the patternmakers along with representatives of the production and maintenance employees participated in the prepara- tion of this manual. As a result, patternmakers enjoy the same fringe benefits as the other employees. Although the pattern department is separately lo- cated, the patternmakers regularly go into other de- Citing Reminlton Rand Inc., 109 NL RB 622 (1954); Dow (hernimrl ( , pans. Bat' (Cii' Division. 77 NL.RB 328 (1948): General M oltors (Corp oratrin, Fisher Boad Diltvion. Pittsburgh Plant, 113 NL.RB 876 (1955). 4 Cf. Precision (Cast ParIs ( orp. 224 NLRB 382 (1976). partments and work with other production and maintenance employees. With respect to the wage differences, when the Employer's incentive plan is considered, the other production and maintenance employees on the average earn at least as much as the patternmakers, notwithstanding the patternmak- ers' higher hourly rate. Concerning educational qual- ifications, several of the patternmakers completed a 4-year apprenticeship program. However, it is note- worthy that the Employer has state-approved ap- prenticeship programs in the sand foundry, core room, and permanent mold departments, and the employees in those departments were included in the unit. Therefore, we conclude that even the factors of educational qualifications and rates of pay for the patternmakers do not create for them distinct inter- ests not shared by the other production and mainte- nance employees. In view of the foregoing, and considering the fact that no union seeks to represent the patternmakers separately, we conclude they should be included in the production and maintenance unit and we shall overrule the challenges to their ballots. Accordingly, we shall direct the Regional Director to open and count the ballots of Thomas Goshorn, Edwin Jauch, Harold Mobrley, Charles Lakes, Wilbert Sampson, James Tierney, and Carl Weghorst. DIRECTION It is hereby, directed that the Regional Director for Region 9 shall, pursuant to the Board's Rules and Regulations, within 10 days from the date of this di- rection, open and count the ballots cast by Thomas Goshorn, Edwin Jauch, Harold Mobrley, Charles Lakes, Wilbert Sampson, James Tierney, Carl Weg- horst, Robert Collett, Ira Jones, William Berra, Her- bert Goshorn, Dexter Miller, Paul Price, Jerry Sebas- tian, Walter Sebastian, Donnie Turner, Homer Watkins, Mike Watkins, and John McDaniel, and thereafter cause to be served on the parties a revised tally of ballots including therein the count of the above-mentioned ballots. Thereafter, the Regional Director shall issue the appropriate certification in accordance with the Board's Rules and Regulations. 316