Mogul Bower Bearings, Inc.

National Labor Relations Board - Board Decisions

Apr 30, 1958

120 N.L.R.B. 675 (N.L.R.B. 1958)

ARROWHEAD PRODUCTS DIVISION 675
Arrowhead Products Division of Mogul Bower Bearings, Inc.,
Long Beach Plant and National Union, United Welders of
America, Independent, Petitioner. Case No. 21-RC-5016. April
30,1958
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 Leo Fischer, 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 fords :
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. A 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.
4. The Employer manufactures aircraft parts in southern Cali-
fornia. The Petitioner seeks a craft severance of heliare welders
from the existing production and maintenance unit represented by
the Intervenor, with the Employer and the Intervenor opposing such
a severance . The Petitioner would exclude from the unit a main-
tenance welder and spot welders without qualification, but in an
alternative position would accept the inclusion of seam welders if
the Board feels that they have sufficient skill and identity to the
heliarc welders.
The Employer has a metal department which is under the super-
vision of a supervisor, a general foreman, and an assistant foreman,
in that order. Employed in the metal department are the heliarc
welders, spot welders, seam welders, and maintenance welder, and
also metal fitters, bellow fabricators, shear operators, a pressure test
man, and inspectors. The entire department is located in a bay of
the plant, and all of the work of the department is performed in that
area . The heliarc welders are further separated from the rest of
the bay by 4-foot partitions, which surround 6 enclosed welding
booths in which all of the heliarc welding is done. There are 5
heliarc welders and 1 leadman on each of 2 shifts. Both leadmen
are sought by Petitioner, and both were stipulated not to be
supervisors.
1 United Rubber, Cork, Linoleum and Plastic Workers of America, AFL-CIO, Local
560, herein called the Intervenor, intervened on the basis of its contract with the
Employer covering, enter altos, the employees involved herein.
120 NLRB No. 93.
676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
One of the heliarc welders testified that he had 4 years' welding
experience when hired; that he had 6 current Army and Navy
"certifications" in various types of welding at that time;' that he
was required to pass a company test consisting of welding on 0.016-
inch metal and 0.015-inch metal; and that he was then required to
pass an Army and Navy test consisting of welding 0.016-inch metal to.
0.060-inch metal without any penetration through the back, after
which he was given a "certification." Similar Army and Navy tests
on both stainless steel and aluminum are given to all heliarc welders.
every 6 months, at which times they are "recertified." This heliarc
welder testified further that the other heliarc welders have an average
of at least 6 years' welding experience. As for the actual production
work of the heliarc welders, most of the welding is done inside stain-
less steel aircraft parts of small tubing running from 2 inches to
7 inches in diameter, with the material itself running from 0.016 to,
0.040 inch in thickness. The heliarc welders work from blueprints,
or written schedules, or oral orders. They do not lay out their own
work, which is laid out and brought to them by the metal fitters, but
they do set up their own machines as to heat, selection of rod, etc.
The heliarc welders also receive the highest rate of pay in the plant.
In view of the foregoing, we find, as we have in prior cases involv-
ing similar welders in the aircraft industry, that the heliarc welders,
are a craft group of employees; and that they may, as the Petitioner
is a traditional representative of such employees, constitute a separate-
appropriate craft unit 3
The spot welders and the seam welders work on automatic welding
machines. Also, they take no military tests and receive no military
certifications, only their machines requiring such certifications. The.
maintenance welder welds only 10 to 15 percent of his time, and'
spends the balance of his time performing general maintenance duties.:
The American Potash case 4 requires that any craftsmen to be in-,
cluded in a craft unit must be "primarily engaged" in the particular
craft work. Accordingly, even assuming that the maintenance welder
does craft welding, he must be excluded from the unit because he
spends 85 to 90 percent of his time performing general maintenance
duties. Moreover, as the spot welders and seam welders work on auto-
matic welding machines, and are not required to receive military
certifications, and as there is no other evidence of their craft status,.
they too are excluded.'
8 Are, are heliarc , are aluminum , are stainless , are chromoly, and gas.
8 See Hughes Aircraft Company, 117 NLRB 98 ; Northrop Aircraft , Inc., 117 NLRB'
1717; Royal Jet Incorporated, 118 NLRB 1558.
4 American Potash & Chemical Corporation , 107 NLRB 1418.
5 See Royal Jet Incorporated, supra, where spot welders who worked on automatic'
machines and were not "certified" were excluded from a craft unit of welders.
INDEPENDENT NAIL & PACKING COMPANY 677
On the basis of the foregoing , we find that all heliarc welders and
their leadmen at the Employer 's Long Beach, California , plant, ex-
cluding all other employees and supervisors as defined in the Act,
may, if they so desire , constitute an appropriate unit. We shall not,
however , make a final unit determination at this time , but shall direct
that the question concerning representation which exists be resolved
by an election by secret ballot among the employees in such unit. If
a majority vote for the Petitioner , they will be taken to have indicated
their desire to constitute a separate appropriate unit, and the Re-
gional Director conducting the election directed herein is instructed
to issue a certification of representatives to the Petitioner for such
unit, which the Board , under such circumstances , finds to be ap-
propriate for purposes of collective bargaining. In the event a ma-
jority do not vote for the Petitioner , these employees shall remain a
part of the existing unit and the Regional Director will issue a cer-
tification of results of election to such effect.
[Text of Direction of Election omitted from publication.]
MEMBER BEAN took no part in the consideration of the above
Decision and Direction of Election.
Independent Nail & Packing Company and United Steelworkers
of America, AFL-CIO, Petitioner. Case No. 1-RC-5089. April
30,1958
SUPPLEMENTAL DECISION AND CERTIFICATION OF
RESULTS OF ELECTION
Pursuant to a Decision and Direction of Election issued on Janu-
ary 3, 1958,1 an election was conducted on January 22, 1958, under the
direction and supervision of the Regional Director for the First Re-
gion, among certain employees of the Employer. The tally of ballots
shows that there were approximately 292 voters; and that 106 valid
votes were cast for the Petitioner, 158 valid votes were cast against the
Petitioner, 24 ballots were challenged, and 1 ballot was declared void.
The challenges were insufficient in number to affect the results of
the election. On January 27, 1958, the Petitioner timely filed objec-
tions to conduct affecting the results of the election. On February 27,
1958, the Regional Director, after investigation, issued his report on
objections, recommending that the objections be overruled in their
entirety.
i Not published.
120 NLRB No. 79.