International Association of Machinists & Aerospace Workers, AFL-CIO

DE(CISIONS OF NATIONAL LABOR RELATIONS BOARD International Association of Machinists & Aerospace Workers, AFL-CIO and I. A. M. Representative Association, Petitioner. Case 5 UC 106 May 7, 1979 DECISION ON REVIEW BY CHAIRMAN FANNING AND MEMBERS JNKINS AND PENELLO On October 20, 1978, the Regional Director for Re- gion 5 issued a Decision and clarification of bargain- ing unit in the above-entitled proceeding in which he ordered included in the existing recognized unit cer- tain employee classifications. Thereafter, in accord- ance with Section 102.67 of the National Labor Rela- tions Board Rules and Regulations, Series 8, as amended, the Employer filed a timely request for re- view of the Regional Director's decision, alleging er- ror, inter alia, in the inclusion of the disputed classifi- cations in view of an earlier Board decision' and the specific exclusion contained in the recognition clause of the parties' current collective-bargaining agree- ment. By telegraphic order dated December 20, 1978, the Board granted review regarding the propriety of the Regional Director's clarification to include the classi- fications in dispute, but in all other respects denied the request for review. 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. The Board has considered the entire record in this case and makes the following findings: At issue in these proceedings is the inclusion of the following employee classifications at Employer's Washington, D.C., headquarters office in the existing recognized contract unit: a legislative representative in the legislative department, international represent- ative in the international affairs department, assistant community services representative in the community services department, assistant to the coordinator in the civil rights department, and a Grand Lodge repre- sentative and economist in the organizing depart- ment. In 1966 the Board certified the Petitioner in the following appropriate unit: All Grand Lodge, special, and press representa- tives employed by the Employer in the United States and Puerto Rico; but excluding all simi- larly classified employees employed exclusively I Grand Lodge International Association of Machinists and Aerospace Work- ers, 159 NLRB 137 (1966). in Canada, those employed chiefly in unrelated special assignments at Headquarters, Grand Lodge auditors, office clerical employees, profes- sional and technical employees, guards and su- pervisors as defined in the Act. In 1972 the Board certified Petitioner to represent employees in the following appropriate unit: Voting Group 1: All technical employees in the Employer's Research Department at 1300 Con- necticut Avenue, Washington, D.C., excluding all other employees, office clerical employees, professional employees, auditors, elevator opera- tors, custodial employees, Grand Lodge. Special and Press Representatives, guards and supervi- sois as defined in the Act and employees in the General Secretary-Treasurer's Department. Voting Group 2. All professional employees in the Employer's Research, Education and News- paper Departments at 1300 Connecticut Avenue, excluding all other employees, office clerical em- ployees, technical employees, auditors, elevator operators, custodial employees. Grand Lodge, Special and Press Representatives, guards and supervisors as defined in the Act and employees in the General Secretary-Treasurer's Depart- ment. The certified units were combined by contractual agreement to form a single bargaining unit in 1973. The unit, as described in the 1973 agreement and through the current agreement, consists of: All Grand Lodge, Special and Press Representa- tives. All Economists, Associate Editors, Assist- ant Associate Editors, Educational Representa- tives, Agreement Analysts, Research Associate, Research Associate Leadman employed by the IAM but excluding: Administrative Assistant in the office of the International President and of each General Vice President, the Airline Coordi- nator, the Automotive Coordinator, the Railroad Coordinator, those persons employed chiefly in unrelated special assignments at Headquarters, Grand Lodge Auditors, office clerical employees, guards and supervisors as defined in the Act. As found by the Regional Director, the legislative department is headed by a coordinator, stipulated to be a supervisor within the meaning of the Act, and a legislative assistant whose unit placement is in issue. The legislative assistant's responsibilities include pre- paring testimony regarding legislation pending before Congress and actual lobbying activities. In some in- stances the legislative representative reports directly to the Employer's international president, or resident general vice president, or his administrative assistant. 242 NLRB No. 15 44 INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS, AFL (C10 The international affairs department also consists of a coordinator, stipulated to be a supervisor, and an assistant whose unit placement is in issue. The assist- ant serves as liaison with the United Nations and free world labor organizations; collects trade assistance and trade law information used in Employer's lobby- ing efforts before government agencies including the U.S. Tariff Commission; participates in Employer's education program in Africa: and is expected to per- form similar work in Asia and South America. The assistant has some contact with Employer's Grand Lodge representatives in the field when gathering in- formation regarding plant closures due to foreign competition. We note that the unit description contained in the initial Direction of Election contained the following exclusion: "those [employees] employed chiefly in un- related special assignments at headquarters." 2 And in connection with this exclusion we also note that the Direction of Election referred to the assignments of reviewing correspondence to the international pres- ident, liaison with Government agencies. internal union appeals, review of bylaws adopted by subordi- nate lodges' legislative representative, and international representative. 3 It thus appears that the positions of legislative rep- resentative and international representative were in existence at the time of the initial certification and were specifically excluded from the unit. We find the description of the functions in the original Direction of Election and the other listed examples falling within the exclusion as defining the intent of the ex- clusion which has been carried forward into the pre- sent recognized contract unit description. Although we are unable to determine conclusively that the clas- sifications now in dispute are identical to those previ- ously excluded, on the basis of our analysis of the current responsibilities of the disputed categories of legislative representative and assistant international representative we find that they fall within the in- tended reach of the express exclusion contained in the present collective-bargaining agreement. As to these two positions we therefore conclude that the instant UC petition is inappropriate as it seeks to overturn the clear mandate of the previous Board decision and the agreement of the parties as set forth in the recog- nition clause of their contract. 4 2 Id. at 142. It appears from the context of the Direction of Election and from uncon- troverted testimony at the hearing that this reference does not merely denote a representative of the International Union but a representative in the area of internal affairs. 4 Wallace-Murray Corporation, Schlitzer Division. 192 NLRB 1090 (1971). Compare Union Etectric Company. 217 NLRB 666. 667 ( 1975). IH1 Pursuant to the direction of its 1976 convention, the Employer established a community services de- partment, a civil rights department, and an organiz- ing department.' The coordinators in these newly cre- ated departments have been stipulated to be supervisors. Accordingly, their unit placement is not in issue. The community services department includes, in addition to the coordinator, an assistant whose unit placement is in issue. This individual is responsible for assisting local and district lodge participation in community service organizations such as the Red Cross, United Givers Fund, American Cancer Soci- ety, and the American Heart Association, and for helping to meet the needs of I.A.M. members in such areas as drug and alcohol abuse, family problems, natural disasters, long-term unemployment, and pro- longed illness. The civil rights department also has an assistant to the coordinator. The assistant is involved in all areas of civil rights and matters arising under the Equal Employment Opportunity Act. This individual is charged with working with the legal department to settle civil rights complaints against the Employer and is also actively involved in the area of women's rights and the Equal Rights Amendments. The organizing department has, in addition to the coordinator, an assistant who bears the title of Grand Lodge Representative, and an individual who bears the title of economist. The Grand Lodge Representa- tive and the economist are the only employees in this department whose unit placement is in issue. The Grand Lodge Representative is primarily responsible for handling jurisdictional disputes pursuant to article XX of the AFL-CIO constitution, metal trades de- partment disputes, and disputes over jurisdiction of work within I.A.M. bargaining units: setting policy to be implemented in the field regarding coordinated bargaining, both in-house and with the Industrial Union Department of the AFL-CIO; and responding to requests from the field for organizing material and other correspondence relating to organizing. He also fills in for the coordinator when the coordinator is out of town. This individual maintains regular contact with Grand Lodge representatives in the field and on occasion travels to the field to discuss jurisdictional problems and organizing problems. The individual bearing the title of economist actually performs more of a clerical function in preparing routine correspon- dence and collecting bargaining information pursuant to requests of union representatives in the field. Although the Employer had an organizing department in the past, the present version seems to differ suhslantialls in its structure. 45 DECISIONS OF NATIONAl. LABOR RELATIONS BOARD Although these recently organized departments were created subsequent to the original certifications, our analysis of the responsibilities of the individuals in the above-described classifications which are in dis- pute leads us to conclude that they are all involved in "unrelated special assignments at headquarters" within the meaning of the unit description in the original Direction of Election and in the current col- lective-bargaining agreement. That is, we view the in- dividuals in these classifications as not falling within those classifications involved directly with organizing and negotiating activity as set forth in the 1966 certi- fication, nor fitting any of the specifically enumerated categories marked for inclusion by the 1972 certifica- tion, but falling squarely within the express exclusion contained in the unit description in the current collec- tive-bargaining agreement. Accordingly, we view the instant UC petition inappropriate as to the above- described classifications as it seeks to effect a mid- contract-term modification of the description of the recognized unit. Although we have determined that the UC petition is an inappropriate vehicle for resolv- ing these unit placement issues, these issues may of course be raised pursuant to an appropriate petition under Section 9(c) of the Act. In conclusion, we have found that with regard to all classifications placed in issue by the Petitioner there is no basis for concluding that they are or should be included in the existing recognized bargain- ing unit. Accordingly, we shall dismiss the petition herein. ORDER It is ordered that the petition in Case 5-UC-106 be, and it hereby is, dismissed. 46