R. D. Werner Co., Inc.

National Labor Relations Board - Board Decisions

Nov 24, 1954

110 N.L.R.B. 1049 (N.L.R.B. 1954)

R. D. WERNER CO., INC. 1049
appraisal than it does an unexpressed inclination toward permitting
the splitting off of a single-plant from an historically established
multiplant unit. If this is the direction in which our colleagues in
the majority are headed, and we fear that it is, it can only mean that
multiplant and multiemployer units which have heretofore been rec-
ognized by the Board will hereafter be subjected to continuing jeop-
ardy. We would deny the request for severance and dismiss the
petition.
R. D. WERNER CO., INC.' and DISTRICT LODGE 83 , INTERNATIONAL As-
SOCIATION OF MACHINISTS , AFL, PETITIONER and LOCAL UNION
3713, UNITED STEELWORKERS OF AMERICA , CIO . Case No. 6-RC-
1480. November 24,1954
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 Sidney Lawrence,
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 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.
4. The Petitioner seeks to sever from the established bargaining
unit of production and maintenance employees at the Employer's
Greenville, Pennsylvania, plants a unit consisting of all toolmakers,
diemakers, machinists, setup men, die filers, die repairmen, heat treat-
ers, apprentices, and maintenance machinists. The Intervenor and
the Employer contend that the unit requested by the Petitioner is in-
appropriate as it is not a true craft unit consisting of a distinct and
homogeneous group of skilled journeymen and craftsmen, or a func-
tionally distinct and separate departmental group.
The Employer's operations at Greenville, Pennsylvania, are divided
between two physically separated plants which are located at Sugar
Grove Township and Pymatuning Township. The Sugar Grove plant
produces aluminum extrusions and stainless steel and aluminum rolled
products. The Pymatuning plant manufactures aluminum ladders.
These plants are operated by the Employer as a single entity and they
jointly employ 261 production and maintenance workers. The Inter-
1 name of the Employer appears as amended at the hearing.
110 NLRB No. 166.
1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
venor has been the bargaining representative for the plants' produc-
tion and maintenance employees since 1946.
There are presently employed at the Employer's Greenville plants
employees classified as machinists, die filers, heat treaters, die repair-
men, setup men, and maintenance employees. There are no employees
classified as toolmakers, diemakers, or apprentices. There are 16
machinists first class and 3 machinists second class assigned to the
machine shop, which is a walled-off and physically separated part of
the Sugar Grove plant. These machinists make dies, punches, cutting
tools, and other machinery for the plant. They also handle the major
repair work on the plant's heavy machinery. In the performance of
their duties, the machinists read blueprints, work to fine tolerances,
use such tools as micrometers, scales, gauges, and vernier calipers, and
operate the various machines in the machine shop.
The two die filers are also assigned to the machine shop. They are
given training which equips them to use all shapes of files and file
to a template. Prior to their assignment as die filers, they were pro-
duction employees. They do not read blueprints, nor does their job
require that they be able to perform any task other than filing.
There is one employee classified as a heat treater. This employee
works in the heat treat room which is located immediately to the rear
of and attached to the machine shop. His work entails treating the
metals used by the machinists to make tools and machines for the
plant.
The first and second class machinists, the die filers, and the heat
treater are supervised by the machine shop foreman.
Six die repairmen work in a caged area that is located in the Sugar
Grove plant. They are supervised by a production foreman and their
full time is devoted to repairing the dies for the production presses.
Although they use calipers, gauges, and blueprints in their work, the
die repairmen do not use machine tools and do not work in the machine
shop. No apprentice program has been set up for them; however,
employees must spend 31,2 years on the job to reach the top grade in
this classification.
Six setup men are supervised by the foreman of the production unit
in which they work. It is their job to set up a rolling mill so that it
will produce a specified print or shape. In setting up the mill they
use their own tools and are required to hold to a tolerance that is more
liberal than that allowed machinists. They can reach a top rating in
18 months.
Sixteen maintenance employees are supervised by a maintenance
foreman and work in both plants. These employees perform main-
tenance work on the machinery, as well as general maintenance work
in the plants. Included in this group-are an unspecified number of
laborers; none is a machinist. The nature of their skills, however,
was not established.
R. D. WERNER CO., INC. 1051
No evidence was presented at the hearing reflecting that the em-
ployees sought by the Petitioner are interchanged, or that there is
progression from one classification thereof to another. Moreover, any
employee in the plant may bid to come into the machine shop should
an opening occur, and the Employer at the time of transferring such
an individual may place him in whatever grade his experience entitles
him to.
It is clear from the foregoing that the die repairmen, setup men,
and some of the maintenance employees, although exercising a variety
of skills to some degree, do not exercise that degree or range of skills
characteristic of craftsmen. Neither is it indicated that the employees
in these classifications constitute or are a part of a distinct depart-
mental group. Accordingly, as we have previously held that the
burden of establishing the facts to justify severance on a craft or
distinct departmental basis rests upon the petitioning union,2 we find
that the Petitioner has failed to establish facts that would justify the
severance of the die repairmen, setup men, and maintenance employees
from the established production and maintenance unit.
On the other hand, the machinists, the die filers, and the heat treater
constitute the personnel of the Employer's machine shop. As machine
shops have been considered traditional departmental units entitled to
severance from production and maintenance units if the employees
so desire, we find, without deciding whether the machinists, the die
filers, and the heat treater are craftsmen, that such severance is appro-
priate here.' As the Petitioner is a union which traditionally repre-
sents such employees, we will direct an election among these employees
to determine whether they wish to be separately represented by the
Petitioner.
Accordingly, we will direct that an election be held among the fol-
lowing group of employees at the Employer's plant : All machine shop
employees, including machinists, die filers, and heat treaters, but
excluding all other employees, guards, and supervisors as defined in
the Act.
If a majority vote for the Petitioner, they will be taken to have indi-
cated their desire to constitute a separate unit, which the Board finds
under the circumstances to be appropriate for the purposes of collec-
tive bargaining, and the Regional Director is instructed to issue a
certification of representatives to the Petitioner for such unit. If the
majority vote for the Intervenor, they will be taken to have indicated
their desire to remain a part of the existing plantwide unit and the
Regional Director is instructed to issue a certification of results of
election to that effect.
[Text of Direction of Election omitted from publication.]
2 American Potash & Chemical Corporation , 107 NLRB 1418.
' American Shtpbuildneg Company, 110 NLRB 798.