California Metal Trades Association

National Labor Relations Board - Board Decisions

Nov 26, 1962

139 N.L.R.B. 1308 (N.L.R.B. 1962)

1308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. International Brotherhood of Operative Potters, AFL-CIO, is a labor organiza-
tion within the meaning of Section 2(5) of the Act.
3. By threatening to close its plant and to discharge employees if they joined
or supported the Union , Respondent has interfered with , restrained , and coerced
its employees in the exercise of their rights as guaranteed by Section 7 of the Act,
in violation of Section 8 (a) (1) of the Act.
4. Respondent has not , by discriminating in regard to the hire and tenure of
employment of the employees named in the complaint , engaged in unfair labor prac-
tices within the meaning of Section 8 (a) (3) and ( 1) of the Act.
5. The remaining allegations of the complaint setting forth facts and conduct
in violation of Section 8(a)(1) of the Act have not been established by a pre-
ponderance of the credible evidence.
[Recommendations omitted from publication.]
California Metal Trades Association and its Member Companies
and Tool and Die Craftsmen National Independent Union
Council, Petitioner. Case No. 90-RC-4491. November 26, 1962
SUPPLEMENTAL DECISION AND ORDER
On August 23, 1961, after an election conducted pursuant to a
Decision and Direction of Election,' the Acting Regional Director for
the Twentieth Region issued a certification of representatives in which
he certified Tool and Die Craftsmen National Independent Union
Council, herein called the Independent Union, as the collective-
bargaining representative for the following unit of employees found
appropriate by the Board:
All tool and die makers, tool and die apprentices, tool and die
machinists, their leadmen and working foremen employed by
firms located in the State of California which have executed
powers of attorney to the California Metal Trades Association,
excluding all other employees, office clerical employees, watchmen,
guards, and all supervisors as defined in the Act.
On April 17,1962, California Metal Trades Association and Ampex
Corporation, a member of the Association, filed a motion to clarify
certification of representatives. In the motion it is contended, in sub-
stance, that a dispute has arisen over the unit placement of tool and
die machinists employed by Ampex.2 The International Association
of Machinists, AFL-CIO,' which represents the production and
maintenance employees on an associationwide basis, apparently con-
tends that the employees in question are performing production work
i Not published in NLRB volumes.
2 Only employees of Ampex are involved herein
8 Herein called Machinists.
139 NLRB No. 112.
CALIFORNIA METAL TRADES ASSOCIATION, ETC. 1309
and should be excluded from the certified unit while Ampex and the
Independent Union contend that tool and die machinists should re-
main in the certified unit as their duties have not changed since the
Board's certification. Ampex also requests, in effect, that the Board
amend the certified unit description by specifying the work functions
performed by employees included in the unit.
Pursuant to an order of the Board, dated June 14, 1962, a hearing
was held on the motion before James S. Jenson, hearing officer, on
August 8, 1962. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.'
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Rodgers, Leedom, and
Fanning].
Upon the entire record in the case the Board finds as follows :
The record indicates that there has been no substantial change in
the work functions of the tool and die machinists since the Board's
certification. Now, as then, these employees work under separate
supervision in an area separated from production employees, where
they perform machine operations on fixtures, jigs, tools, and dies.
These employees also continue occasionally to perform work on models,
prototypes, and experimental parts. However, as the performance of
such work requires the exercise of craft skills, it in no way detracts
from the craft status of these employees. Additionally, they spend
less than 10 percent of their time manufacturing prime runs of special
production parts. It is thus clear that these tool and die machinists
continue to spend the major part of their time performing craft duties.
We, therefore, find no merit in the Machinists' contention that they be
excluded from the certified unit.
As previously noted, Ampex urges us to clarify the certification by
specifying, in the unit description, that ". . . such Certification in-
cludes work by the Tool and Die Makers and Tool and Die Machinists,
their respective apprentices and leadmen, on tools, dies, jigs, fixtures,
instruments, prototypes, models, and experimental and development
work." . Inasmuch as it is contrary to Board policy to describe the unit
in terms of work tasks or work jurisdiction, we shall deny the requests
[The Board denied the motion for clarification of certification.]
4 Although Lodge 68 of the International Association of Machinists , AFL-CIO, is also
a party to the contract covering Ampex production and maintenance employees , only the
International intervened at the hearing.
6 The Machinists ' request for oral argument is hereby denied as the record and briefs
adequately present the issues and positions of the parties.
9 Pennsylvania Garment Manufacturers Association, Inc., 125 NLRB 185 ; Employing
Plasterers Association of the District of Columbia , 118 NLRB 17.