Laclede-Christy Co.

National Labor Relations Board - Board DecisionsMay 27, 1952

99 N.L.R.B. 335 (N.L.R.B. 1952)

,CHICAGO RETORT AND FIRE BRICK DIVISION, LACLEDE-CHRISTY C0.335 4. By its refusal to bargain collectively with the Union as the exclusive rep- resentative of its employees in said unit, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (5) of the Act. 5. By its discriminatory discharge of certain employees named above, and its discriminatory refusal to reinstate those employees and other striking em- ployees named above, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (3) of the Act. 6. By the above refusal to bargain and discrimination , as well as by other conduct found above, Respondent has interfered with, restrained , and coerced its employees in the exercise of rights guaranteed by Section 7 of the Act, and has thereby engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act. 7. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act. [Recommendations omitted from publication in this volume.] CHICAGO RETORT AND FIRE BRICK DIVISION OF LACLEDE-CHRISTY COM- PANY and DISTRICT No. 132, INTERNATIONAL ASSOCIATION OF MA- CHINISTS , AFL, PETITIONER. Cases Nos. 13-RC-2285113-RC-2286, and 13-RC-2287. May 27, 1952 Decision and Order Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Irving W. Fried- man, hearing officer. 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 Act, the Board has delegated its powers in connection with this case to a three- member panel [Members Houston, Murdock, and Styles]. 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 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 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons: The Petitioner seeks to represent at the Employer's Ottawa plant separate units of (1) "all machine repair, machinists, welders, and machine set-up employees, automobile mechanics and helpers, and their apprentices" (petition No. 13-RC-2285), ( 2) all electricians and their helpers (petition No. 13-RC-2286), and (3) all carpenters, their 99 NLRB No. 53. 336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD helpers and apprentices (petition No. 13-RG-2287). The Intervenor, United Brick and Clay Workers of America, AFL, has since 1937 represented all of these employees in a production and maintenance unit. Alternately, the Petitioner would represent the three groups of em- ployees sought as a single maintenance unit. This unit request is re- jected inasmuch as the Board will not sever a maintenance group made up of diversified classifications of maintenance employees previously represented in plant-wide units.' We consider now the request for three separate units. 13-RC-2285: This group consists of two machinists, three machine repairmen or mechanics,2 four setup men, an automobile mechanic and his helper. The two machinists spend the greater part of their time in the machine shop repairing liners for brick dies and making some parts to repair machinery. The shop is a separate room attached to the plant, with limited equipment. Admittedly these two employees do not have the complete range of a machinist's skills. On Saturdays, with production workers as helpers, they repair plant machinery, including the installation of parts purchased for that purpose. The machine repairmen repair plant machinery as the occasion arises dur- ing the week, as well as on Saturday, and also do some welding, carpen- try, and pipefitting. The younger of the two machinists also does welding, as well as some plumbing work. The four setup men change dies in the presses, in addition to performing a variety of duties re- quired by the production process. One of them, on the night shift, occasionally makes electrical repairs. On Saturdays they also assist in repairing plant machinery. The auto mechnic works in the com- pany garage-a separate building-making minor repairs on gasoline powered equipment. He has one helper who also hauls coal and ashes during 6 months of the year. No formal apprenticeship system exists at the plant and it is clear that neither a high degree of skill nor specialized training is required for the work of these alleged craft employees. On the contrary, they perform a variety of maintenance functions throughout the plant, with the setup men engaging essentially in a repetitive operation integrated with the production process. The record shows that these employees acquire only such skills as are necessary to the Employer's production. In the circumstances we find that the machinists, ma- chine repairmen, setup men, and auto mechanics are not skilled crafts- men and do not, in themselves, constitute a unit appropriate for collec- tive bargaining.' 1 See General Refractories Company, 96 NLRB 665 ; The Nestle Company, Inc., 92 NLRB 1250. 2 An additional one is ill and not expected to return to work ; however , apparently a fourth has been employed. 8 General Refractories Company, 96-NLRB 665 UNDERWRITERS SALVAGE COMPANY OF NEW YORK 337 13 RC-2f86: This group consists of one electrician and one em- ployee hired temporarily for the installation.of certain new electrical equipment. The latter was hired by an electrical engineer from the St. Louis office for a special project at the Ottawa plant, and may be allowed to stay on as a production worker when the project is com- pleted. The electrician spends his time on electrical maintenance in the plant, with the exception of an hour or more a day when he makes tests on the boiler water. He is on 24-hour call in case of emergency. However, he has no license and acquired the necessary skill for his work on the job. Apart from other considerations we shall grant the motion of the Employer and the Intervenor to dismiss this petition inasmuch as the unit requested, in effect, consists of but one employee.' 13-RC-2287: This group actually consists of a 'journeyman car- penter who, except for occasional cabinet work in the plant, devotes his whole time to moldmaking, and two other employees who divide their time between machine repair and carpentry.5 The latter, like all other maintenance employees requested by the Petitioner, are su- pervised by the plant's master mechanic when engaged in machine re- pair work; the moldmaker, who is the plant's only moldmaker and works without helpers, is supervised by a production foreman. There are no carpenter helpers or apprentices. Despite the admitted car- pentry skill of the sole moldmaker in the plant, there is no justification on this record for severance of the group requested as skilled em- ployees commonly engaged in craft work .6 As none of the units requested by the Petitioner is appropriate for the purposes of collective bargaining, we shall dismiss the petitions. We therefore do not pass upon the .apparent .contract bar issue raised by the Intervenor. Order Upon the entire record in these cases, the National Labor Relations Board hereby orders that the petitions ffi'led'herein be, and they hereby are, dismissed. I See Griffin Wheel Company, 80 NLRB 1471. 5 One of these employees , harry Werner, was requested in connection with petition No. 13-RC-2285 as a machine repairman. e'Compare -Gulf Oil Corporation, 77 NLRB 308. 312. UNDERWRITERS SALVAGE COMPANY OF NEW YORK and INTERNATIONAL CHEMICAL WORKERS UNION, LocAL #430, AFL, PETITIONER. Case No. 20-RC-1737. May 27,1952 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Albert Schneider, hearing 99 \TLRB No. 54.