California Institute of Technology

582 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD California Institute of Technology and Miscellaneous Warehousemen, Drivers '& Helpers, Local 986, International Brotherhood of Teamsters, Chauf- feurs, -' Warehousemen' '&`" Helpers of America, Petitioner and International Union of Operating Engineers, Local , No. 501, AFL-CIO,1 Petitioner. Cases 21-RC-1 1418and21-RC-1,1454 ,August -11, 197,1 DECISION AND' DIR'ECT'ION TION OF ELECTIONS' 'By BY CHAIRMAN MILLER AND MEMBERS FANNING AND BROWN Upon petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a consoli- dated hearing was held before Hearing Officer Theodore B. Horn of the National Labor Relations Board. Following the close of the hearing the Acting Regional Director for Region 21 transferred this case to the Board for decision. Thereafter, the Employer and Petitioner Operating Engineers filed briefs in support of their respective positions. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel. The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed. Upon the entire record in this proceeding, 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. Questions affecting commerce exist concerning the representation of certain employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. The appropriate unit. The employees sought by the Petitioners are employed in the Employer's physical plant services department at the Employer's Pasadena, California, campus. This department consists of eight sections, viz, central plant, shop services, administrative serv- ices, custodial services, security or plant protection, grounds services, transportation services, and plant engineering. Operating Engineers seeks a unit com- posed of all central plant personnel.2 Teamsters seeks 1 Petitioners are hereinafter referred to respectively as Teamsters and Operating Engineers. 2 Also referred to in the record as central utilities and building a unit of all shop, services, and. administrative services personnel. It is, -however, willing to-accept -alternative units including grounds service personnel; ti ansporta- tion° and motor pool personnel, central` plant pe"rson- nei, " or any unit of personnel in the physical plant services depailment 'which`the Board,deeu s appropri- ate. Contrary to the foregoing, the Employer contends that- the, only appropriate unit is,one-that includes all employees in the physical, plant .service& department, excluding only- professional employees, technical employees, guards, watchmen and supervisors as defined in the Act.3 There are approximately 225 employees in the unit contended appropriate by the Employer. The same personnel services, wage poli- cies, use of name tags, facilities, fringe benefits, and institute policies apply equally to all physical plant department employees. There are no timeclocks and most employees fill in their time on a daily timecard. Operating Engineers contends that the unit sought of central plant personnel is a typical functionally distinct and homogeneous powerhouse departmental unit, such as the Board has found appropriate where, as here, there is no collective-bargaining history. This central plant section is responsible for the production and/or distribution of water, steam, electricity, and other utility services to all buildings on the Cal-Tech campus. The section concerns itself with the daily operation and routine maintenance of all centralized facilities, utilities, and their distribution systems, and is under the direct and separate supervision of a single superintendent. Five of the employees in this department are central plant operators who operate and maintain all of the central plant utility production equipment, such as boilers, steam absorption units, the demineralized water system, air compressors, and cooling towers. They must have specific knowledge of high pressure boiler work and high pressure readings and be able to adjust and repair the equipment found within the central plant. A Los Angeles County steam operator's license is desired for the central plant operators. There are four senior data console operators whose responsi- bility is to man the data console board in the central plant control room, which monitors the flow of utilities throughout the campus, as well as providing visual display of intrusions into security areas. After 5:20 p.m. these employees also receive all incoming calls to the Cal-Tech campus, monitor the campus radio system, and assist central plant operators. At night, they dispatch physical plant employees to handle emergency problems, on occasion calling employees from home for such purpose. Central plant operators spend most of their time in the data console maintenance personnel. 3 No party seeks the inclusion of security or engineering personnel in the unit. 192 NLRB No. 82 CALIFORNIA INSTITUTE OF TECHNOLOGY 583 room and assist the-data console operators, especially at night. Also employed within the central plant are five utility'-mechanics who are responsible for the service and maintenance of the steam, water, and gas distribution systems . They are experienced and skilled in pipefitting and plumbing and they make mechani- cal repairs within the plant and on all disbursement systems up-,'to their entry into other buildings on the campus, in addition to operating some remote utility production- equipment. The four service mechanics are called during nonworking hours to investigate electio-mechanical equipment malfunctions on the campus. They perform some minor repair work but their general function is evaluation of problems and the securing of necessary , personnel to correct them. The counterpart of the service mechanics are the three service inspectors who perform the same basic functions during the daytime hours. There are, also two - senior processing technicians within_ the central plant. These employees are' water quality technicians and are involved in water treat- ment and, testing within the central plant ;' only on occasion does their work `take them to other areas of the campus. They take samples and perform routine laboratory work. They must know , water ,chemistry and have hada first year college coursein chemistry. - All of ,the central plant-employees report to work at the. central plant and have their own lockers, bulletin board, and lunchroom at- the central _plant. Central, plant employees have somewhat different work,,hours from other employees, as the central plant operators and, data console operators, are on - a- 7-day week, three-shift day operation. The normal workday for physical plant department employees , is 8 a.m. to, 5 p.m. and this applies -to the service desk and alloffice and clerical personnel. Although;the Employer, does not requireuniforms, it-shares the cost of work clothes for central plant employees. ,The -shop services personnel, : service ,investigators, and senior process technicians work from..8 a.m. to 4 p.m. The , service mechanics work from 4 p.m. to 8 a.m. The Employer, demonstrated that some interchange of work processes does exist ; however, the record indicates only infrequent instances and those relate to repair work 'done pursuant to- an interdepartment work order and' completed under separate supervi- sion. The record also shows that some of the central plant employees have been previously employed by other departments of,-Cal-Tech,- abut the record does not show employeesleaving the central plant for other departments : - The-record` also indicates that central' plant personnel -were not; bumped during a recent layoff-'in- the shop and services section, and that Opera Wing Engineers Local 501 represents employees in th.- same or similar job classifications in other industries throughout Southern California, as well, as some of the campuses of the University of California. The shop services section is housed in the shops building, has 87 employees divided-into various shops, and has the role of -providing, skilled and unskilled manpower for the physical plant department. The electrical shop, with its own supervisor, is comprised of 14- electricians and 1 trades -helper., The trades helper assists the electricians but-is not-an apprentice. The -electricians are responsible for the servicing of the electrical substation - and the electrical' power disbursing system. There is some-degree of specializa- tion within the electrical shop. The electricians also do routine repair and servicing of all ° electricalfunctions within-- the campus which includes research- equip- ment. The plumbing shop with-its own supervisor has 14 plumbers and I combination welder. The ; plumbers are responsible for all plumbing functions within acid outside all campus buildings: The combination welder does ^ -welding and ^ `cutting of materials and works primarily within the shop area. The heat, ventilation, and refrigeration shop has its own supervisor and 11 employees. The seven heating, ventilating, and` refrigeration -mechanics -" perform maintenance and- repair, of all heat, ventilation, and refrigeration - equipment.' The three 'maintenance mechanics primarily perform ventilator cleaning and replacement on the equipment within'the responsibili- ty of this shop and assist the refrigeration mechanic. The' one 'refrigeration mechanic performs 'repair maintenance and service on the campus air-condi- tioning andother cooling equipment. The carpenter shop has 2 - supervisors - and 19 employees. There are 14 carpenters who' have respon- sibility for the maintenance and upkeep of buildings on 'the campus and do 'both wood and masonry repairs and alterations. They also build 'laboratory equipment for use within the educational and re- search phase- of the campus. The two heavy equip- ment operators are used ' "to operate the heavy duty equipment, such as concrete borers, and assist-in the movement- of 'furniture and equipment -within, the shop. They also assist the carpenters in demolition work. There is one employee ' who is ' classified 'as a locksmith who has the responsibility for -repair, maintenance, and replacement of locks-and keys on the - entire campus. There is' also 'employed one apprentice carpenter who is undergoing 'a `formal- apprenticeship program and one journeyman trades-,, man' ;who assists the carpenters -and is erigaged primarily in performing cement and masonry work. The -painting shop has one supervisor for -the nine painters who are responsible for all painting of-both the interior and exterior of campus-buildings, furni- ture refinishing, and-the pre aaration of signs. 584 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD The shop services section also employs one truckdri- ver, one toolcrib attendant, and two clerks. The truckdriver hauls shop personnel and equipment to jobs, work similar to, that performed by one of the truckdrivers in the ,transportation section. The tool- crib attendant, is responsible for the inventory, checkout , of tools .and equipment, and minor repairs of tool equipment within the toolcrib. Duringithe day, clerks, function at ,the service desk, answering the telephones, preparing service orders, keeping records, and performing radio dispatching. The administrative, services section has 12 employ- ees with their own supervisor. Within this section is found the storeroom with one materialprocessor who coordinates the purchasing of materials,-' prepares specifications, and purchase orders, and places orders of less than $100 with,vendors. The storekeepers are responsible for the , central., store's area, and the movement of materials for day-to-day operations. The, receiving and shipping,clerks and the stock clerks are responsible for the physical shipping and receiving of stock. The transportation section has 14 employees and 1 supervisor. There is one heavy equipment operator whose ,primary ' function is-,to;operate the large crane and other ,heavy equipment within the section. He also performs the same, basic work as the truckdriver, medium duty., Truckdrivers, heavy duty, operate all equipment within the transportation section except the crane. There are ,,eight medium duty truckdrivers, who engage in hauling and demolition work as well as cleanup with respect to construction. Two of these employees perform ,chauffeuring work for visiting dignitaries and officials. There.is one.auto mechanic who is ,responsible for all mechanical work on ,the entire automotive , fleet of Cal-Tech. Also employed within this section are one dispatcher and a senior department assistant. The, dispatcher accounts for the cost of operation of all vehicles, assigns vehicle, arranges for the pickup of materials, and works with the clerks, at the service desk. Transportation person- nel transport and assist shop services personnel on alteration, demolition, and renovation jobs; hence theres,is daily, contact among those employees. The identity of some,job classifications between transpor- tation and shop, services further underscores the relationship between.these sections. 'The,- custodial section employs 59 custodians who, are responsible for all industrial type cleaning, the general upkeep of campus buildings , the movement of furniture, and the maintaining of cleaning supplies. The two combination custodians and pool operators in the section, are responsible for the cleaning and maintenance of the campus pool and gymnasium. 4 Parke Davis & Company, 173 NLRB No. 53, Georgia-Pacific Corporation, 156 NLRB 946; 948;.Mesta Machine Company, 167 NLRB 99; The grounds section employs 18 gardeners who are assigned throughout the campus and are responsible for the cleanliness and maintenance of the exterior areas. The work includes the care and maintenance of plants and lawns . There are two senior gardeners who, work throughout the campus and are , more knowl- edgeable , and skilled , than gardeners. There are two landscape gardeners who are responsible for the interpretation of architectural plans and the , develop- ment of these plans into landscaped areas. After an area has been newly landscaped, it is generally turned over to the senior gardeners for care. The section also employs two equipment -operators who operate the street sweepers, power mowers, and tractors- They are also responsible for maintenance of the ' grounds section .equipment. There are three employees who are classified as tree caretakers and they are responsi- ble for the pruning, maintenance, transplanting, and removalof trees. The grounds section employees work from 7:30 a.m. to 3:30 p.m. and the custodial employees work two shifts ' a day, 4 p.m. to midnight and 5 a.m. to 1 :30 p.m. They 'both report to 'the shops building and utilize the supply and storeroom facilities operated by adminis-' trative services and have regular contact with the transportation personnel. In view of the foregoing, and the entire record, we find that the central plant employees may-constitute a separate appropriate unit for the purposes'of collec- tive 'bargaining. Their work is functionally distinct from that of other physical plant employees and they are under separate supervision. They are trained and experienced in powerhouse skills'and are- not part, of an overall seniority line. They have separate locker and lunchroom facilities and work shifts different from other employees. The operators and console operators work exclusively in the central plant. The maintenance functions which , mechanics perform outside the central plant are , essentially preventive maintenance or repair work related to -the central plant equipment or piping located in--, the - plant or throughout the buildings it serves. In these circum- stances, and since there is no history, of collective bargaining in a broader unit, we find that the central plant employees may, if they so desire, constitute a separate appropriate unit for bargaining.4 We find on the, other hand that none of the limited units sought by Teamsters, are appropriate for purposes of collective bargaining. The basic unit sought, of shop services and administrative services personnel, consists of one group of maintenance employees who possess varying degrees and kinds of skills, and a separate group under separate supervi- sion of essentially plant clerical , and warehouse andInternational Paper Company, 171 NLRB No. 89. CALIFORNIA INSTITUTE OF TECHNOLOGY 585 employees. This heterogeneous grouping further excludes transportation, grounds services; and custo- dial employees -who, as the facts set forth above establish, have a substantial community of interest with the shop services and administrative services personnel. Similarly, each of the other limited alternative units suggested by Teamsters excludes one or more groups which have a common community of interest and no substantial separate community of interests. An overall unit' of physical plant department employees, which the -Employer agrees may be appropriate, is however essentially a maintenance unit such as the Board has held to be appropriate where as here there is no bargaining history on a broader basis .5 As we have found that the central plant employees, in view of their separate community of interests, may constitute a separate unit if they so desire, we further find that a unit of all physical plant department employees, or a unit of physical plant department employees, excluding central plant em- ployees, may be appropriate. As the appropriateness of the separate units will depend in part on the desires of the employees, we shall make no final unit determination at this time, but shall first ascertain the desires of the employees in the elections directed herein. We shall therefore direct elections in the following voting groups : 6 S Harrah's Club, 187 NLRB No. 112. 6 The unit found appropriate contains employees not originally sought by Petitioner Teamsters. Accordingly, we direct the Regional Director not to proceed with the election hereinafter directed until he shall first determine that Petitioner Teamsters has made an adequate showing of interest among the employees who are eligible-to vote in the election. If Petitioner Teamsters fail to make an adequate showing of interest, the Regional Director shall proceed with the election in voting group A alone. r Voting group A shall include employees classified as: utility mechanic, central plant operator, sr. process techician, senior data console operator, service mechanic, service inspector. 9 Voting group B shall include employees classified as: locksmith, heavy equipment operator, carpenter, Jr. tradesman, apprentice carpenter, painter, maintenance electrician, trades helper, combination welder, plumber, refrigeration mechanic, H V & R mechanic, maintenance mechanic, truckdriver (MD), toolcrib attendant, senior department clerk, clerk A. department, material processor, storekeeper, receiving and shipping clerk, stock clerk A, landscape gardener, tree caretaker, senior gardener, gardener, grounds equipment operator, heavy equipment operator, truckdriver (MD), truckdriver (HD), equipment operator, dispatcher, auto mechanic, custodian and pool operator, custodian, custodian (part time). 9 If the votes are pooled, those ballots cast for Operating Engineers shall Voting Group A: All central plant section personnel, excluding guards and supervisors as defined in the Act .7 Voting Group B: All other employees of the physical plant department, excluding watchmen, guards, professional employees, and technical employees and supervisors as defined in the Act." If a majority of the employees in voting group A select the Operating Engineers, they will be taken to have indicated their desire to constitute a separate appropriate unit, and a Certification of Representa- tive shall issue for such unit, which in those circum- stances, we find to be appropriate. In such circum- stances we further find that the employees in voting group B constitute a separate unit appropriate for purposes of collective bargaining, and with respect to the election in such unit, a separate Certification of Representative or Certification of Results shall issue, as may be appropriate. However, if a majority in voting group A elect not to be represented by Operating Engineers, their votes will be pooled with the votes of the employees in voting group B and an: appropriate certification will issue9 with respect to the election' in the overall unit which in those circumstances we find to be appropri- ate for the purposes of collective bargaining. [Direction of Elections 10 omitted from publication.] be counted as valid votes cast, but neither for nor against Teamsters which is seeking the more comprehensive unit. All other votes are to be accorded their face value, whether for representation by Teamsters or for no union. In the event that a majority' of the valid ballots cast have not been cast either for the Teamsters or against representation, it willbe deemed to be an inconclusive election, and a second election will be 'conducted among the employees in the broader unit in which they will vote as to whether or not they desire to be represented by Teamsters. 10 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 Co., 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 21 within 7 days of the date of this, Decision . and Direction of Elections. 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.