General Metalcraft, Inc.

National Labor Relations Board - Board DecisionsSep 17, 1953

106 N.L.R.B. 1131 (N.L.R.B. 1953)

GENERAL METALCRAFT, INC, OLYMPIA DIVISION 1 131 Manchester unit requested by the Petitioner is inappropriate. Although a company-wide unit is appropriate, the Petitioner does not have a sufficient showing of interest to justify an election for such a unit." Accordingly, we shall dismiss the petition. [The Board dismissed the petition.] Member Murdock took no part in the consideration of the above Decision and Order. 6 Chesty Foods Incorporated, 98 NLRB 1185 GENERAL METALCRAFT, INC., OLYMPIA DIVISION, 1 Peti- tioner and INTERNATIONAL BROTHERHOOD OF TEAM- STERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS, LOCAL 378, AFL, AND BROTHERHOOD OF PAINTERS, DECORATORS, AND PAPERHANGERS, LOCAL NO. 743, AFL, AND SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL NO. 150, AFL. Case No. 19-RM-112. September 17, 1953 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Rachel Storer, hearing officer . The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby af- firmed. 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 labor organizations involved claim to represent certain employees of the Employer.' 3. The Employer petitions for an election in a unit of all production and maintenance employees at its plant near Olympia, Washington, excluding tool and die makers, ma- chinists, and janitors who are separately represented. The Unions contend the petition should be dismissed on the ground that three separate craft units, rather than the single unit proposed by the Employer are appropriate. At the Olympia plant, the Employer is engaged in the manu- facture of sheet metal products, comprising in the main cabi- nets, shower stalls , and lockers. Operations are performed in one 2-story building, and production is largely on an assembly line basis . Materials flow from the shear room in order to the 'The Employer's name appears as amended at the hearing. 2 The Unions are herein referred to individually as the Teamsters, the Painters, and the Sheet Metal Workers 106 NLRB No. 177. 1132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD fabrication department , the first assembly area , the painting department , and the finish assembly conveyor , and finally, the finished products are stored in the warehouse . The Sheet Metal Workers claims to represent employees working in the shear room, fabrication department , and first and finish assembly areas; the Painters , those employed in the painting department; and the Teamsters , those engaged in material handling, in- spection , and warehousing .3 There is no apprenticeship pro- gram for any of these employees; they are usually hired as un- skilled labor and are trained on the job to perform various pro- duction-line functions . When work in any phase of production slackens , employees are usually assigned temporarily as helpers in other departments or areas . Although some of the employees in each group are skilled, it cannot be said that their skills are greater than those of production specialists whose work is predominantly of repetitive character. Since 1947, the Unions have met jointly with the Employer and negotiated and signed single contracts covering the three groups of employees . Prior to the automatic renewal date of the most recent contract, which expired June 30, 1953, the Sheet Metal Workers informed the Employer that it desired to negotiate separately a contract for its group, which the Employer opposed. The Painters and the Teamsters expressed a willingness to bargain as in the past. The contracts nowhere recognized the Unions as separate bargaining agents; the contract terms as to working conditions remained essentially the same for all employees covered.5 Further , the last contract provided three uniform wage-rate levels above the helper classification with employee classifica- tions from each of the three groups at each level. In these circumstances, we are of the opinion that the Employer has bargained jointly with the Unions on an overall basis.6 In view of the foregoing , we find no merit in the Unions' contentions that the employees herein by job duties and past bargaining history are entitled to representation in separate craft units. On the other hand , the integrated nature of the Employer ' s operation , the close community of interest of the employees involved , and the history of bargaining on an overall basis, compel the conclusion that the unit sought by the Employer , rather than the several units sought by the Unions, is. appropriate for the purposes of collective bargain- ing.7 SNone of the Unions has been certified as exclusive bargaining representative for these employees , either individually or jointly . The Unions , in 1948, separately petitioned for, and after consent elections , obtained authority to negotiate union- shop contracts on behalf of their respective groups of employees. 4Cf. Hyster Company, 106 NLRB 347. 5 Under the first stage of the grievance procedure , the contracts treated each of the Unions as the representative of the employees within its jurisdiction. GContrary to the Unions' contention, the fact that the contracts have been subject to ratification by each group within the jurisdiction of the Unions does not preclude the existence of bargaining on an overall basis. 7Cf. Utility Appliance Corp., 106 NLRB 398. AMERICAN STANDARD TV TUBE CORP. 11 33 However, as it appears that neither the Unions jointly nor any labor organization seeks recognition as bargaining repre- sentative within the unit found appropriate herein, we find that no question concerning representation exists.I For this reason the Unions' motion to dismiss the petition is granted. [The Board dismissed the petition.] Member Murdock took no part in the consideration of the above Decision and Order. 8 York Motor Express Company , 82 NLRB 801 ; Wm. Wolf Bakery . Inc., 97 NLRB 122. AMERICAN STANDARD TV TUBE CORP. and LOCAL 1227, UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, Petitioner . Case No. 2-RC - 5961 . September 17, 1953 SUPPLEMENTAL DECISION On August 18, 1953, the Board issued a Decision and Direc- tion of Election herein, ' directing that Intervenor Local 105, Playthings , Jewelry and Novelty Workers International Union, CIO, be placed on the ballot in the election to be conducted. Thereafter , Intervenor Local 105 and Intervenor Playthings, Jewelry and Novelty Workers International Union , CIO, its international , filed a motion to substitute the name of the Intervenor International for that of Intervenor Local 105 on the ballot . Thereafter , the Petitioner filed a letter objecting to and opposing the Intervenors ' motion, on the grounds that: ( 1) The Intervenor International has not subrriitted any evidence of interest , and there has been no showing that the evidence of interest submitted by Intervenor Local 105 was intended to apply to the Intervenor International ; and (2) In- tervenor Local 105 is a noncomplying union, and the proposed substitution of the Intervenor International in its stead on the ballot is an attempt to circumvent the filing requirements of the Act. At the hearing in this case , Intervenor Local 105 moved to intervene , and was granted intervention , on the basis of its contract with the Employer. The Intervenor International separately moved to intervene , and was granted intervention, on the basis of authorization cards submitted by it. Thus, the Intervenor International has submitted proper evidence of interest for a place on the ballot . However, Intervenor Local 105 is not now in compliance with the filing require- ments of the Act. 'Not reported in printed volumes of Board Decisions. 106 NLRB No. 184.