Northwest Metal Products, Inc.

National Labor Relations Board - Board Decisions

Dec 29, 1944

59 N.L.R.B. 1281 (N.L.R.B. 1944)

In the Matter of NORTHWEST METAL PRODUCTS, INC. and UNITED STEEL-
WORKERS OF An'IERICA, LOCAL No. 3112, CIO and INTERNATIONAL
ASSOCIATION OF MACHINISTS, LODGE 79, AFL
Case No. 19-RE-2o.-Decided December 09, 1944
Mr. Jolun, E. Hedrick,- for the Board.
Mr. E. C. Pederson, of Renton , Wash., and Mr. Dean Ballard, of
Seattle, Wash., for-the Company.
Messrs «H : Ma l±ews and Virgil,•Burt?t of Seattle, Wash., for the
USA. -
Messrs. L. Presley Gill, James Duncan, G. L. Bentley, and I. A.
Sandvigen, of Seattle, Wash., for the IAM.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
ORDER
STATEbIENT OF THE CASE ,
Upon ' a petition duly filed by Northwest Metal Products, Inc.,
Seattle, Washington, herein called the Company, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Ivar Peterson,
Trial Examiner. Said hearing was held at Seattle, Washington, on
December 8, 1944. The Company, United Steelworkers of America,
Local No. 3112, CIO, herein called the USA, and International Asso-
ciation of Machinists, Lodge 79, AFL, herein called the IAM, appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the - issues.
-At the hearing the IAM moved that decision be reserved, 'on the
instant proceeding until the Board had disposed of charges'filed by
the IAM in Case No. 19-C-1347. The Trial Examiner reserved deci-
sion on the motion for the Board. In view of our dismissal hereinafter
of the Company's petition, we find it unnecessary to rule on the motion.
The Trial Examiner's rulings made at the hearing are free from
_59 N. L. R., B, ,No. 233
1281
1282 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
prejudicial error and are hereby affirmed. All parties were afforded
an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Northwest Metal Products, Inc., is a Washington corporation having
-a plant, which alone is involved in this proceeding, at Kent, Wash-
. ington. In peacetime, the Company manufactures a standard line of
light metal work, consisting of garbage cans, mail boxes, and building
materials. It is presently operating on defense contracts and its main
product consists of hose clamps used in-aircraft. In 1944 the Company
purchased raw materials valued at more than $500,000. Nearly all raw
materials were secured from outside the State of Washington. During
the same period the Company's finished products exceeded $500,000 in'
value, of which about half was shipped to points outside the State of
Washington.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, Local No. 3112;`affiliated with the
Congress of Industrial Organizations, is a labor organization admit-
ting to membership employees of the Company.
International Association of Machinists, Lodge 79, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION ; THE ALLEGED,
APPROPRIATE UNIT
During the years 1937 to 1942, the Company and Local 383, Assort-
merit Workers Union, AFL, herein called the Assortment Workers,
were parties to a union-shop contract which covered the Conpany's
production employees. During that same period; :the Company also
had contracts with 'other affiliates of the American Federation of
Labor covering specific crafts. One of these contracts was with the
IAM. In August 1942, Kent Industrial Local Union No. 1288, CIO,
herein called Local 1288, the predecessor union to the present Local
No. 3122 of the United Steelworkers of America, petitioned the Board
for an election in a unit which was substantially the same as the one
covered by the contract between the Assortment Workers and the Com-
pany. ' Pursuant-to the Board's Decision and'Dire'ction of Election,1
1 Matter of Northwest Metal Products , Inc., 46 N. L. R. B. 111.'
NORTHWEST METAL PRODUCTS, INC. 1283
an election was conducted in December 1942 which resulted in the
certification of L• ocal°1288 as exclusive bargaining representative of the
employees in said unit. Thereafter, in January 1943, the Company
ancT Local 1288 executed ,a union-shop contract covering the produc-
tion employees. This contract was still in effect at the time of the
hearing.
About 2 months prior to the hearing, the IAM sought to negotiate
with the Company with respect to the wages and grievances of seven
pressmen. The Company declined to negotiate on the ground that the
pressmen were included within the unit currently represented by the
USA. In view of the conflicting claims to the representation of the
pressmen, the Company thereupon filed the petition which is the basis
of the instant proceeding.
In accordance with an agreement of the Assortment Workers and
Local 1288 which was unopposed by the Company, the Board in Case
No. R-4560,2 established the following unit as appropriate :
All production and assortment employees of the Company em-
ployed at its Kent, Washington, plant, but excluding supervisors
with power to hire, or discharge, clerical employees, machinists,
warehousemen, truck drivers, and journeymen and apprentice
sheet metal workers hired only to complete specific contracts.
The sole question in issue is whether or not seven pressmen employed
by the Company are machinists. The Company and the USA, as
successor in interest to Local 1288 and its contract, assert that press-
men are production employees and hence covered by the contract of
January 194.3. The IAM, on the other hand, contends that pressmen
are machine adjusters or machine maintenance men and as such come
within the classification of journeyman machinists under the terms
of its contract with the Company.3
The Company's plant at Kent consists of a main building in which
stamping and pressing, of -light metal is done on automatically op-
erated presses and machines, and a machine shop, housed in a sep-
arate building, adjacent to the factory. In this machine shop the
Company's tool and die makers and machinists construct dies and re-
pair machinery. The great majority of the dies are simple and range
in value from $10 to $500; some,, however, are complex, costing as
much as $15,000. The pressmen work almost exclusively in the fac-
tory and are forbidden general access to the facilities of the machine
shop. They keep the stamping machines supplied with materials and
thread coils of metal into the presses, which the evidence reveals is
not a highly skilled operation. Pressmen also make minor adjust-
,-See footnote 1, supra.
9 The IAM's contract with the Company covers machine shop employees and specifically
enumerates tool and die makers, journe3 men machinists, specialists, and helpers
1284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ments to the feeding- apparatus oil the machines before' they are 'put
on automatic operation and turned over to the operators. It is
their further duty to oil the dies and presses, and in the case of simple
dies to insert and remove them and make minor adjustments, Which
is also a relatively unskilled operation . Some pressmen perform
the same kind of function on rivet machines . In the course of their
duties, pressmen use comparatively simple tools , and, upon occasion,
a measuring device known as a micrometer , which is also used by
,inspectors who are concededly not machinists . Occasionally press-
men assist the machinists in removing heavy parts and machines to
the machine shop for repair.
The pressmen are supervised by the production foreman but fre-
quently receive assistance and advice on the operation of dies and
presses from the tool and die makers and machinists . A machine
shop foreman supervises the tool and die makers and machinists. The
wage scale of pressmen is a little higher than that of the operators, all
of whom are women, but below that of the machinists and tool and
die-makers . Prior to 1942 , when the Company employed men as
operators , the operators performed some of the i
n '
presently
undertaken by the pressmen . Although useful;. .the Company does
not deem it essential that pressmen have any prior mechanical training
in order to discharge their duties properly, nor does it give the press-
men any training along those lines . The Company does not maintain
a policy of upgrading pressmen 'into machinists ' jobs; the record dis-
closes but one promotion of a pressmen and that was to the position
of a maintenance oiler which is considered a part of production. In
all essential respects the duties of pressmen have not changed in the
past several years; if anything , the pressmen have absorbed a portion
of the duties formerly performed by operators . Upon these facts,
we are convinced that pressmen are semi-skilled employees who do
not perform duties normally associated with the traditional craft
of machinists.
The history of collective bargaining also lends no support to the
contentions of the IAM. Prior to 1942, the pressmen-were bargained
for by the Assortment Workers. At the time of the hearing of the
previous case, the IAM expressed its disinterest in that proceeding'
It is uncontradicted that pressmen were eligible to vote and did par-
ticipate in the election held at that time. There is no question but
that the pressmen were specifically covered by the contract between
Local 1288 and the Company; similarly , it is admitted that the USA
has presented grievances on their behalf. As of the date of the
* The IAM wrote a letter to the Board 's Regional Office in which it stated : "In view of
your letter of October 26 (1942) stating that the C I. 0 has amended its petition to
exclude from the unit claimed appropriate , all machinists , this organization no longer has
any interest in the above proceeding."
NORTHWEST METAL PRODUCTS, IN C. 1285
hearing, the USA was engaged in a proceeding before the War Labor
Board to secure an increase in wages for the pressmen and other em-
ployees whom it undisputedly represents. It is thus clear that the
parties themselves, up to the present time, have construed pressmen
to be a- part of the production unit- and not within the craft unit
bargained for by the IAM. In view of the foregoing, we, find that
pressmen are a part of the production unit, and as such may be bar-
gained- for by the USA which currently represents such unit.5 Ac-
cordingly, we find that no queston concerning the representation of
the pressmen has arisen, and -we shall; therefore, dismiss the petition.
ORDER
Upon the basis of the foregoing findings of fact and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petition. for investigation and certification of representatives
of employees of Northwest Metal Products, Inc., Seattle, Washington,
filed by Northwest Metal Products, Inc., be, and it hereby is dis-
missed.
CHAIRMAN MiLLis took -no part in- the consideration of the above
Decision and Order.
This finding , however, shall not be construed as a present recertification of Local 1288,
or its successor , Local 3122, of the United Steelworkers of America.