Ladish Co.

90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Ladish Co. and District No. 10, International Association of Machinists and Aerospace Workers, AFL-CIO, Petitioner. Case 30-RC-956 August 14, 1969 DECISION AND DIRECTION OF ELECTION BY CHAIRMAN MCCULLOCH AND MEMBERS JENKINS AND ZAGORIA Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Cecil Sutphen, Hearing Officer. The Petitioner, Intervenor, t and Employer have filed briefs. Pursuant to the provisions of Section 3(b) of the Act, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel. The Hearing Officer's rulings made at the hearing are free from prejudicial error and 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 purposes of the Act to assert jurisdiction herein. 2. The labor organizations involved claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9(c)(1) and 2(6) and (7) of the Act. 4. The Petitioner is seeking a unit of all employees in the first aid department at the Employer's Cudahy, Wisconsin plant. The Intervenor contends that the first aid department should be added as an accretion to the technical unit it currently represents. Although the Petitioner and IAM Local Lodge No. 1862 (not a party to this proceeding) currently represent the production and maintenance employees, there is no bargaining history for the first aid department. The Employer contends that the petition should be dismissed on the grounds that the employees sought are confidentials. In support of this contention the Employer cites a 1964 stipulation between it and the Associated Unions of America and the Technical Engineers of America. However, it is clear that neither the Petitioner nor the Intervenor was a party to that stipulation. The Employer further alleges that these employees are confidential because the first aid department maintains records of absenteeism and may be called to advise management when a question arises as to whether an employee's absence is justified. However, 'Local 92, American Federation of Technical Engineers, AFL-CIO, was permitted to intervene on the basis of its contract covering the technical employees at the Employer's Cudahy plant the Board has limited the term "confidential" to those employees who assist and act in a confidential capacity to persons who formulate, determine, and effectuate management policies with regard to labor relations. It does not appear that any relationship between the first aid department and management places them in confidential status with regard to labor relations.' Further, an employee's access to personnel records and the fact that the employee can bring information to the attention of management which may ultimately lead to disciplinary action by management is not enough to qualify an employee as confidential.' Accordingly, we find that the first aid department employees are not confidential employees. The Employer alternatively contends that the requested unit is inappropriate primarily because it is comprised of technical employees and they should be offered, at most, a choice of being included in the established unit of other technical employees at the plant. The first aid department operates 5 first aid stations located in the various population centers in the Cudahy plant. The department operates on all three shifts with five employees working the first shift, four the second shift, and three the third. Those working in the department are the chief nurse," seven first aid attendants, two licensed practical nurses, and two first aid shift supervisors. The employees in the department perform the typical functions of first aid employees in a major manufacturing plant. Each is qualified to operate X-ray equipment, administer injections, splint fractures, prepare injured employees for movement to other places for further medical attention, and perform any first aid necessary until a doctor arrives. First aid employees normally spend more than 90 percent of their time either in the first aid stations or traveling to and from first aid stations. At no time does any first aid department employee interchange with employees in any other department in the plant. Each first aid employee has had prior medical experience and training either in the Armed Forces or as an employee at a medical facility. On the basis of the entire record, we are persuaded that although the first aid department employees may be technical employees, they possess a unique community of interests based upon their background and training, the distinct nature of their function, their separate supervision and work stations, the complete absence of interchange with other employees, and the fact that they are separately hired and fired by the chief nurse. In our opinion these factors negate the Employer's contention that the petitioned-for employees cannot comprise a separate unit. Consequently, we find that 'The B F Goodrich Company, 115 NLRB 722, 724; Eastern Camera and Photo Corp 140 NLRB 569, 574, Chrysler Corp, 173 NLRB No 160. 'RCA Communications, Inc, 154 NLRB 34, 37 The parties stipulated and we find that the chief nurse is a supervisor within the meaning of the Act 178 NLRB No. 5 BURNSIDE STEEL FOUNDRY COMPANY the requested employees constitute an identifiable group with a separate community of interests, and are therefore a separate appropriate unit.' Finally, there remains the Employer's contention that Wood and Orlowski should be excluded from the unit as supervisors. Wood and Orlowski are classified as first aid shift supervisors and are assigned to the second and third shifts, respectively. Both of these individuals are in charge of their respective shifts and are fully responsible for the operation of the first aid stations during these shifts, and there is no one of higher authority in the medical areas during these shifts. Consequently, we find that they are supervisors. within the meaning of the Act, and exclude them from the proposed unit. Accordingly, we find that the following employees of the Employer at its Cudahy, Wisconsin plant constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All employees in the First Aid Department, excluding office and clerical employees, professional employees, guards, and supervisors as defined in the Act, and all other employees. 91 [Direction of Electionb''omitted from publication.] 'As aside from other considerations, the first aid department had been in existence since prior to the Intervenor's certification in 1964 as representative of the technical unit, we find no merit in the Intervenor's contention that these employees are an accretion to the unit. `In order to assure that all eligible voters may have the opportunity to be informed of the issues in the exercise of their statutory right to vote, all parties to the election should have access to a list of voters and their addresses which may be used to communicate with them. Excelsior Underwear Inc., 156 NLRB 1236; N.L.R.B. v. Wyman-Gordon Company, 394 U.S. 759. Accordingly, it is hereby directed that 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 30 within 7 days of the date of this Decision and Direction of Election. The list may initially be used by the Regional Director to assist in determining an adequate showing of interest. The Regional Director shall make the list available to all parties to the election when he shall have determined that an adequate showing of interest among the employees in the unit found appropriate has been established . 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. 'The Regional Director is instructed to place the name of the Intervenor, Local 92, American Federation of Technical Engineers , AFL-CIO, on the, ballot only upon determination that the Intervenor has made an adequate showing of interest among the employees in the appropriate unit.