Norris-Thermador Corp.

National Labor Relations Board - Board Decisions

Apr 6, 1953

103 N.L.R.B. 1625 (N.L.R.B. 1953)

NORRIS-THERMADOR CORPORATION 1625
2. Each of the companies , the charging parties herein , is engaged in commerce
within the meaning of Section 2 ( 6) and ( 7) of the Act.
3. United Mine Workers of America, District 2, United Mine Workers of
America, Local 1113, and their agent, John Lease ; United Mine Workers of
America, District 2, and their agents Michael Degretto , John Kosick , and James
LeCorre, in the respective cases in which they are parties , Respondents, by re-
straining and coercing the employees of the foregoing companies in the exercise
of the rights guaranteed in Section 7 of the Act, have engaged in and are en-
gaging in unfair labor practices within the meaning of Section 8 (b) (1) (A) of
the Act.
4. The aforesaid unfair labor practices are unfair labor practices affecting
commerce within the meaning of Section 2 (6) and (7) of the Act.
.5. The Respondents have not engaged in unfair labor practices within the
meaning of Section 8 (b) (2) of the Act.
6. The Respondents James Mark and Michael Widman have not engaged in
any unfair labor practices within the meaning of Section 8 (b) (1) (A) and
Section 8 (h) (2) of the Act.
[Recommendations omitted from publication in this volume.]
NORRIS-THERMADOR CORPORATION and LOCAL UNION 684, INTERNA-
TIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETITIONER
NORRIS-THERMADOR CORPORATION and LODGE No. 1528, INTERNATIONAL
ASSOCIATION OF MACHINISTS, AFL, JOINTLY WITH LOCAL No. 386,
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
IIOUSEMEN, AND HELPERS OF AMERICA, AFL, PETITIONER. Cases
Has. 20-RC-2114 and 20-RC-2119. April 6, 1953
Decision and Direction of Elections
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before a
hearing officer of the National Labor Relations Board. 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 Houston, Styles, and
Peterson].
Upon the entire record in these cases, 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 em-
ployees 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.
103 NLRB No. 145.
1626 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The petitioners in Case No. 20-RC-2119, herein called the Joint
Petitioner, requested a unit consisting of the production and main-
tenance employees at the Employer's Riverbank, California, plant,
including inspectors and laboratory assistants. All the parties, in-
cluding International Union, United Automobile, Aircraft and Agri-
cultural Implement Workers of America, CIO (UA"r-CIO), herein
called the UAW-CIO, which was permitted to intervene at the hear-
ing, agreed as to the appropriateness of this unit. The petitioner
in Case No. 20-RC-2114, herein called the IBEW, requested a unit
consisting of electricians and substation operators in the electrical
maintenance subdepartment and instrument repairmen and furnace
control men in the instrumentation and combustion subdepartment, or,
alternatively, a unit consisting of electricians and substation opera-
tors in the electrical maintenance subdepartment. The Employer and
the UAW-CIO opposed the severance of any unit; the Joint Petitioner
agreed to the severance of a unit of electricians if the Board finds such
a unit appropriate. This plant began operation in September 1952,
and has no bargaining history.
There are 11 maintenance electricians, in classes A and B. The B
men, who are new on the job, are eligible for up-grading in 90-120
days. These 11 electricians are responsible for the electrical main-
tenance of production machinery. A small section of the maintenance
building is partitioned off primarily for their use, although they
spend most of their time in the plant. Although they work closely
with production employees, they are not interchangeable with them.
These electricians use craft tools and perform craft functions com-
parable to those performed by journeymen maintenance electricians.
Upon the entire record, we find these electricians a homogeneous,
identifiable craft group which may constitute a separate appropriate
bargaining unit.,
We further find that the four electricians in the tooling depart-
ment, who set up and maintain lathes; the instrument repairmen,
who maintain the plant's electrical instruments; and the substation
operators, who stand by on 24-hour duty in the power substation to
throw certain switches to change the plant's source of power in case
of emergency,2 are closely allied in their employment interests
with the electricians and are therefore included in the voting group
with them. The furnace control men, however, who operate gas
furnaces on the production lines and make no electrical repairs or
exercise any other electrical skills, will be excluded.
Accordingly, we shall make no final unit determination at this time,
IS & S Corrugated Paper Machinery Co., 93 NLRB 333; Federal Telephone & Radio
Corp., 98 NLRB 1324; Mathieson Chemical Corp., 100 NLRB 166.
'The only witness at the hearing, a representative of the Employer , agreed that if a
unit of electricians is established , substation operators should be included.
ELDON MILLER, INC. 1627
but shall direct elections in the following voting groups at the Em-
ployer's Riverbank, California, plant :
(1) All maintenance and tooling department electricians, substa-
tion operators, and instrument repairmen, including helpers and ap-
prentices in those classifications, but excluding all other employees
and all supervisors within the meaning of the Act .3
(2) All production and maintenance employees, including inspec-
tors and laboratory assistants, but excluding the employees in voting
group (1), office clerical employees, watchmen, guards, firemen, pro-
fessional employees, and all supervisors within the meaning of the
Act.
If a majority of the employees in voting groups (1) and (2) select
the same labor organization, the employees in voting group (1) will
be deemed to have indicated their desire to form part of the overall
unit, and the Regional Director conducting the election is instructed
to issue a certification of representatives to the labor organization
selected by the employees of the two groups, which the Board in such
circumstances finds to be a single unit appropriate for the purposes
of collective bargaining. If a majority of the employees in voting
group (1) selects a labor organization which is not selected by the
employees in voting group (2), the employees in voting group (1)
will be deemed to have indicated their desire to constitute a separate
appropriate unit, and the Regional Director conducting the election
is instructed to issue a certification of representatives to the labor
organization selected by the employees in that group, which the
Board in such circumstances finds to be a separate unit appropriate
for collective bargaining purposes. If the employees in either or both
of the voting groups do not select a labor organization, the Regional
Director conducting the election is instructed to issue a certificate
of results of election with respect to such group or groups.
[Text of Direction of Elections omitted from publication in this
volume.]
' The record indicates that some of the leadmen are supervisors, but does not specify
which ones are and which ones are not. We shall, therefore, permit the leadmen to vote
subject to challenge.
ELDON MILLER, INC. and CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL
UNION No . 238 , INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS , WAREHOUSEMEN AND HELPERS OF AMERICA , AFL, PETI-
TIONER. Case No. 18-RC-1774. April 6, 1953
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 Clarence A. Meter, hearing
103 NLRB No. 147.