Bonney Forge & Tool Works

National Labor Relations Board - Board Decisions

Nov 17, 1955

114 N.L.R.B. 1164 (N.L.R.B. 1955)

1164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Bonney Forge & Tool Works, Petitioner and Local No. 1453, In-
ternational Association of Machinists, AFL-and Local No.-,71,
International Union of Metal Polishers , Buffers, Platers, and
Helpers, AFL and Local No. 1592, International Brotherhood
of Boilermakers , Iron Ship Builders , Blacksmiths, Forgers and
Helpers, AFL. Case No. 4-RM-186. November 17, 1955
DECISION AND ORDER
Upon a petition duly filed ,under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Thomas J. Walsh , hearing
officer . 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.
2. The following labor organizations claim to represent certain
employees of the Employer : Local No. ' 1453, International Associa-
tion of Machinists , AFL; Local No. 71, International Union of Metal
Polishers , Buffers, Platers, and Helpers, AFL ; and Local No. 1592,
International Brotherhood ' of Boilermakers , Iron Ship Builders,
Blacksmiths , Forgers land Helpers, AFL . They are referred to herein
collectively as the Unions , or as the Machinists , Polishers, and Boiler-
ul 1
makers, respectively.
3. The Employer contends that the following units at its operations
in Allentown , Pennsylvania , are appropriate and seeks separate elec-
tions, with the Machinists to participate in the first , the Polishers in
the second , and the Boilermakers in the third unit:
(1) All production employees ( machine operators , assemblers and
floor workers , stampers, toolmakers , grinders , tool crib and tool grind-
ers) in the socket department and machine shop in the hand tool
division.
(2) All production employees ( grinders and polishers , stampers,
platers and helpers, tumblers and helpers, rack makers , sand or grit
blasters , production painters , stores clerks , inspectors ) in the metal
finishing department of the hand tool division and all shipping em-
ployees in the hand tool division , including a part-time janitor.
(3) All production employees ( steel ' cutters and handlers , forgers,
helpers, trimmers , grinders , materials handlers, die polishers, machine
operators , floor workers ; stampers, sand or grit blasters , production
painters, inspectors , shipping and receiving employees ) in the custom
forging division ; all maintenance employees ( maintenance welders,
electricians , general maintenance , steel handlers and unloaders, main-
tenance carpenters, and janitors ) ; and all production employees in the
114 NLRB No. 176.
BONNEY FORGE & TOOL WORKS 1165
annealing and heat treating departments in both the hand tool and
custom forging divisions (heat treaters, production welders, and sand
blaster).
The Unions contend that the present bargaining units, as established
in their respective contracts, are appropriate. The Machinists' unit
now consists of all the employees included in the Employer's proposed
unit (1), and, in addition, the office janitor. The present Polishers'
unit includes the inspectors and shipping employees in the custom
forging division. whom the Employer would transfer to the Boiler-
makers' unit. The Boilermakers' contract unit also differs from the
Employer's proposed unit (3) with respect to the full-time janitors
and one sand or grit blaster whom the Employer seeks to transfer
from the Polishers' to the Boilermakers' unit.
- The,Employer is engaged in manufacturing machinists' hand tools,
such as sockets and.wrenches, and in fabricating and machining com-
mercial forgings at its Allentown, Pennsylvania, operations. It- is
administratively organized into ,two divisions, hand tool and custom
forging divisions, each of which is further, subdivided into a number
of departments.. The hand tool, division is housed in plants 1 and 2,
and all shipping from that division is conducted from a third building,
known as Whitehall. The custom forging division conducts its oper-
ations primarily in plant 4. All annealing work required for both
divisions is performed in plant 3.
For the past 13 or 14 years, the Employer has bargained with the
Unions on a members-only basis, 1but membership in one of the Unions
has apparently been obligatory for all production and maintenance
employees except die workers. Because of a number of jurisdictional
disputes between the Unions arising out of equipment and personnel
changes already made or contemplated, the Employer seeks to clarify
the existing contract units by transferring the inspectors and ship-
ping employees in plant 4, which houses the custom forging division,
from the Polishers' to the Boilermakers' unit, and by transferring a
grit blaster and all the full-time janitors to the Boilermakers' unit.
The two divisions are independently operated under the general
supervision of a plant superintendent. Each has its separate sales and
advertising offices, and a separate shipping department. The two
divisions have separate machine shops with such equipment as turret
lathes, engine lathes, drill presses, grinders, and punch presses, which
are operated for production purposes. The hand tool division does, on
occasion, purchase forgings from the custom forging division, but the
latter division produces primarily for outside purchasers. There
is no substantial interchange of employees between the two divisions.
Maintenance, however, is performed on a plantwide basis.
Although the Employer contends that the existing contract units
are not appropriate, it is obvious that the Employer has sought to pre-
1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
serve most of the present patchwork arrangement of the three units.
Its proposed modifications are not based on plant, divisional, or craft
lines. Although its proposed Machinists' unit would include many of
the employees in the hand tool division, it would still reserve all the
metal finishing employees, the inspectors, and the shipping employees
asisgned to that division for the Polishers' unit. All employees in the
custom forging division would be included in the Boilermakers' unit,
but that unit would also include the heat treating employees and pro-
duction welders assigned to the hand tool division. Although em-
ployees in the two machine shops work on similar equipment using
substantially the same skills, they would be divided between the
Machinists' and the Boilermakers' units. Similarly, the inspectors
and the shipping employees would be divided between the Polishers'
and Boilermakers' units, despite the fact that each classification per-
forms similar work regardless of the division it is assigned to.
We are satisfied that the Employer's proposed modifications are not
based,on any of the criteria which the Board uses to determine the ap-.
propriateness of a unit. We find, therefore, that the units contended
for by the Employer are all inappropriate and that, accordingly, no,
question affecting commerce exists concerning 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. We shall, therefore, dis-
miss the petition.
[The Board dismissed the petition.]
MEMBER MURDOCK took no part in the consideration of the above
Decision and Order.
Melrose Hosiery Mills, Inc. and United Textile Workers of
America, AFL, Petitioner . Case No. 11-RC-783. November 17,
1955
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Martin L. Ball, Jr., hear-
ing officer. ' 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.
2. The Petitioner is a labor organization claiming to represent cer-
tain employees of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
114 NLRB No. 173.