Riverside Methodist HospitalDownload PDFNational Labor Relations Board - Board DecisionsApr 28, 1976223 N.L.R.B. 1084 (N.L.R.B. 1976) Copy Citation 1084 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Riverside Methodist Hospital and International Union of Operating Engineers, Local 589, AFL-CIO, Pe- titioner.' Case 9-RC-10731 April 28, 1976 DECISION ON REVIEW AND ORDER Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer John Glenn of the National Labor Relations Board. On Decem- ber 20, 1974, the Regional Director for Region 9 is- sued a Decision and Order dismissing the petition.' Thereafter, in accordance with Section 102.67 of the National Labor Relations Board Rules and Regula- tions, Series 8, as amended, the Petitioner filed a re- quest for review of the Regional Director's Decision contending, inter alia, that the Regional Director's findings on substantial factual issues were clearly and prejudicially erroneous, and that a substantial question of law or policy was raised because of the departure from officially reported Board precedent. The Employer filed a brief in opposition to the re- quest for review. On June 3, 1975, a Board panel, Member Fanning dissenting, denied the Petitioner's request for review. Thereafter, the Petitioner filed separate motions for reconsideration, full Board consideration, and dis- qualification of Members Kennedy and Penello. Af- ter considering the Petitioner's motions, the Board, on July 21, 1975, notified the parties that it had de- cided to reconsider and to grant the request for re- view as it raised substantial issues. The Petitioner's other motions were dismissed. Thereafter, the Peti- tioner and the Employer filed briefs on review. On August 21, 1975, the Board, having determined that this and a number of other cases in the health care industry presented issues of importance in the administration of the National Labor Relations Act, as amended, scheduled oral argument in this and re- lated cases, limited to the issue of the appropriate- ness and scope of a separate maintenance unit in the health care industry.' Oral arguments were heard on September 9, 1975.4 Briefs and oral arguments on be- half of amicus curiae were permitted by the Board and have been duly considered. The Board has reviewed the rulings of the Hearing Officer made at the hearing and finds that they are 1 The name of the Petitioner appears as amended at the hearing. 2 In an Order dated January 17, 1975, the Regional Director modified some of the factual findings contained in his original Decision and Order. 3 The Jewish Hospital Association of Cincinnati d/b/a Jewish Hospital of Cincinnati, 223 NLRB 614 (1976); St. Joseph Hospital, Case 13-RC-13501 [224 NLRB No. 471; West Suburban Hospital, Case 13-RC-13562 (224 NLRB No. 1001. 4 Member Walther did not participate in the oral arguments. free from prejudicial error. They are hereby affirmed. The Board has considered the entire record in this case with respect to the issues under review, includ- ing the briefs and oral arguments, and makes the fol- lowing findings: The Employer is a nonprofit Ohio corporation, en- gaged in the operation of a general hospital at Co- lumbus, Ohio. There is no history of collective bar- gaining for any of the Employer's approximately 2,100 employees. The Petitioner seeks to represent a bargaining unit limited to 35 employees in 12 separate job classifica- tions in the Employer's plant operations department. The Employer contends that the unit sought is inap- propriate and that the only appropriate unit is one consisting of all service and maintenance employees employed by it or, alternatively, a unit of all service employees. Based on the Board's traditional unit standards and criteria, the Regional Director found that the unit sought did not comprise a distinct and homogeneous group of employees with sufficiently separate interest from other employees to warrant separate representation and, accordingly, he found the unit inappropriate and dismissed the petition. We agree. While Congress mandated the avoidance of prolif- eration of bargaining units in the health care indus- try, it left to the Board's discretion and expertise the establishment of appropriate units in that industry. Furthermore, in so doing, Congress did not foreclose the Board from applying its traditional community of interest standards. Accordingly, in determining the appropriateness of a separate maintenance de- partment unit in health care institutions, the Board will continue to apply its traditional unit criteria, which include mutuality of interest in wages, bene- fits, and working conditions; commonality of skills and supervision; frequency of contact with other em- ployees; interchange and functional integration; and area practice and patterns of bargaining; taking into account, however, the congressional admonition against proliferation of bargaining units in the health care industry. In the instant case, we agree with the Regional Director that, viewed in light of the above standards, the evidence fails to establish sufficient distinctiveness and homogeneity among the peti- tioned-for employees to warrant the establishment of a separate bargaining unit limited to the Employer's plant operations department. The record establishes that the employees in the plant operations department do not possess any com- monality of skills or functions which are sufficiently specialized to warrant their comprising a separate bargaining unit. They range from unskilled laborers to relatively skilled craftsmen and technicians with 223 NLRB No. 158 RIVERSIDE METHODIST HOSPITAL 1085 widely disparate backgrounds, training, and skills. As indicated above, the plant operations department is composed of 35 employees in 12 separate job classifi- cations and includes 5 firemen, 3 air-conditioning mechanics, 3 electricians, 1 electronic technician, 2 carpenters, 1 plumber, 2 painters, 1 refrigeration me- chanic,5 12 maintenance mechanics, 2 grounds labor- ers, 3 trade helpers, and 1 storekeeper. The classifications of maintenance mechanic, trade helper, grounds laborer, and storekeeper, which include the majority of the employees in the plant operations department, are relatively unskilled posi- tions requiring little previous training, and, aside from the storekeeper, employees in these classifica- tions perform routine maintenance and cleaning functions. The maintenance mechanics, who are characterized "general maintenance men," are res- ponsible for routine maintenance of the Employer's equipment and the seven buildings which comprise the Employer's entire physical operation. Likewise, the grounds laborers are responsible for trash remov- al and the general maintenance of the Employer's grounds. The primary responsibility of the trade helpers is the cleaning of weather master units locat- ed in all patient rooms and the cleaning of equipment rooms located throughout the hospital complex. The storekeeper performs no maintenance function what- ever and primarily has charge of maintenance equip- ment and performs some clerical duties. The duties of the painters, carpenters, and plumb- ers are confined to routine painting, carpentry, and plumbing work, respectively, although the plumbers perform some nonplumbing duties including weld- ing, masonry, concrete, and plaster work. The Em- ployer has no minimal educational requirements for painters, but the record shows that carpenters and plumbers have had some prior training and experi- ence. The electricians are responsible for the installation, testing, and repair of electrical power lines which run throughout the hospital complex. Although the Em- ployer has no specific requirements for the position of electrician, two of the three electricians have com- pleted 4-year apprenticeship programs and the third has accumulated extensive experience in electrical work. The electronics technician has had 2 years of formal training in electronic technology and is re- sponsible for the maintenance of sophisticated biomedical and electromechanical equipment. The only licensed employees in the plant opera- tions department are the firemen, who operate the Employer's boiler room equipment, and the two air- 5 At the time of the hearing , there was no employee in the classification of refrigeration mechanic , but the record indicates that the Employer expected to fill the position within the near future. conditioning mechanics who have worked in the boiler room on a relief basis. The air-conditioning mechanics are primarily responsible for maintenance and operation of heating, air-conditioning, and relat- ed equipment located throughout the hospital com- plex. The air-conditioning mechanics have had some craft and/or technical training. Despite the fact that some plant operations depart- ment employees work with highly sophisticated equipment, their duties are confined to routine oper- ation, maintenance, and repair of such equipment. The record establishes that a substantial. amount of major repair and maintenance work is contracted out by the Employer, rather than being performed by its own employees. Thus, the Employer customarily subcontracts major repairs to boiler room equipment and all repairs to heating and air-conditioning equip- ment, some medical equipment, virtually all x-ray equipment, the filter system, and other electrical equipment, as well as such building and maintenance work as major roofing repairs, "special" painting jobs, glass and window replacement, and resurfacing of the parking lots. Nor are the plant operations, de- partment employees the only regular employees who perform cleaning and repair work in the Employer's facility, for, it is clear from the record, that,house- keeping employees perform cleaning functions and often work in coordination with plant operations de- partment employees and that other service employ- ees perform repairs on certain medical equipment.. The record further shows that the regular duties of most plant operations department employees are not confined to segregated areas in the Employer's com- plex. Except for the storekeeper, who is confined to the supply area; the firemen, who work exclusively in the boiler room; and the carpenters, who perform most of their work in .the carpentry shop; all of the remaining plant operations department employees perform their regular duties throughout the hospital complex wherever mechanical or electrical equip- ment is located and where cleaning, maintenance or preventive maintenance, and repair work is required. Priority is given to on-site repairs to avoid the neces- sity of transporting items to the maintenance shops. The maintenance mechanics and the air-conditioning mechanics perform work in various hospital areas, including the kitchen, laundry, and patient rooms, and a majority of their time is spent in equipment rooms situated in various locations in the Employer's buildings. Likewise, the painters and plumbers per- form a major portion of their regular duties in all areas within the hospital complex where such work is required, including the kitchen, operating rooms, pa- tient rooms, and corridors. Although the carpenters perform most carpentry work in the shop, on-site 1086 DECISIONS OF NATIONAL LABOR RELATIONS BOARD carpentry work is also performed in various locations in the hospital. As indicated above, the trade helpers spend virtually all of their time performing cleaning functions in patient rooms. The above-described duties and functions of plant operations department employees necessarily require that they come into regular contact with other hospi- tal employees. Thus, although plant operations de- partment employees generally work alone under sep- arate supervision and do not regularly interchange with employees in other hospital departments, the record indicates that their work is coordinated with the work of employees in other departments who are regularly scheduled to work in the particular areas where repairs or other maintenance work is being performed. In addition, arrangements are made with employees from other hospital departments to assist in the preparation of work areas and the transporta- tion of furniture and equipment between various hos- pital areas. Furthermore, all of the Employer's em- ployees, including plant operations department employees, have some regular contact with one an- other in cafeterias, parking lots, and hallways and during recreational programs. The Employer's administrative structure likewise militates against finding the plant operations depart- ment employees to constitute a separate bargaining unit. Although the Employer's operations are orga- nized into 35 to 40 separate departments, each with a department head, all operations are coordinated by a team of two associate administrators and four assis- tant administrators who work under the overall di- rection of an administrator. Matters of labor rela- tions are centrally coordinated and are channelled directly from each department head to the adminis- trative officer or officers responsible for the opera- tion of that particular department. The Employer has also established an Employer-wide employee rela- tions committee, on which all departments are equal- ly represented, to deal with some labor relations mat- ters . In addition, "patient service conferences" are held twice each month between various departments, including the plant operations department, where matters of inter-communication and coordination of functions between departments are discussed. The record also establishes that the Employer's personnel office keeps personnel records for all em- ployees arranged alphabetically rather than by de- partment. All employees are hired centrally.' Job openings in all departments are posted throughout the Employer's facility and all employees are eligible to apply for openings in any department, although 6 Member Jenkins does not rely on the "Employer's administrative struc- ture" matters referred to in the two sentences immediately preceding, and in the paragraph preceding these sentences. the Employer maintains a policy of according first preference for such openings to employees in the de- partment where a vacancy occurs. The record estab- lishes that five employees have transferred into the plant operations department from other depart- ments ; the remainder of the plant operations depart- ment employees have been hired from the outside. Once hired, all new employees, regardless of the de- partment in which they would be working, are re- quired to participate in a hospitalwide orientation program and all individual department orientations must be coordinated through the Employer's person- nel office. While plant operations department employees gen- erally receive slightly higher pay than employees in other departments, the lower compensated employ- ees in the plant operations department receive wages commensurate with, or only slightly higher than, those of other employees. In addition, all service and maintenance employees, including plant operations department employees, share similar benefits and working conditions. Thus, all employees have identi- cal fringe benefits, including vacations, holidays, hol- iday pay, sick leave, Blue Cross-Blue Shield hospital- ization, meal discounts, and free parking. All employees are eligible to participate in the Employer's pension plan, health plan, and grievance procedure. In addition, all employees have the same lunch and coffeebreaks and are paid on the same day. All employees, including plant operations depart- ment employees, normally work 8-hour shifts, and, although there are some differences in shift starting times, the vast majority of service and maintenance departments, including the plant operations depart- ment , operate on a 24-hour, three-shift basis. All hourly paid employees, including the employees in the plant operations department, are required' to punch a timeclock. While most plant operations de- partment employees punch a separate timeclock, the firemen share a timeclock with the laundry depart- ment employees. All employees are required to wear identical identification badges and the Employer provides uniforms for all uniformed employees, in- cluding plant operations department employees, as well as locker and changing facilities. The plant oper- ations department employees, except the firemen, share locker facilities with the laundry department employees; the locker facilities used by the firemen are located across the hall from those of the house- keeping department employees. The Employer main- tains two bulletin boards, located on the ground floor of the main hospital building and adjacent to the per- sonnel office, for the general use of all hospital em- ployees. The maintenance department employees use RIVERSIDE METHODIST HOSPITAL two additional bulletin boards to post notices per- taining to that department as well as some general information. The evidence submitted at the hearing concerning area practice does not support the establishment of a separate unit of the Employer's plant operations de- partment employees. Rather, the evidence indicates that, in the Ohio area, the overwhelming majority of hospitals which have collective-bargaining contracts with labor organizations include maintenance de- partment employees in the same unit as various ser- vice employees. The only separate unit of mainte- nance department employees was established as a residual unit, which is clearly distinguishable from the instant case.' Upon consideration of all of the above evidence, we agree with the Regional Director's conclusion that the employees in the plant operations depart- ment do not comprise a distinct and homogeneous group with interests sufficiently separate from those of other employees to warrant separate representa- tion. The employees in the plant operations depart- ment perform varying job duties and functions, pos- sess a wide disparity of background and skills, and for the most part perform work of a routine and un- complicated nature which is not unlike the cleaning and repair work performed by service employees in other departments. Furthermore, they have a sub- stantial degree of regular contact with other hospital employees and share similar hours, benefits, and working conditions with other hospital employees. In addition, the Employer maintains integrated person- nel and labor relations policies for all employees in all departments. Finally, the record establishes the absence of any area or Employer practice of separate representation of maintenance department employ- ees. Accordingly, for the aforementioned reasons, we shall dismiss the petition.8 ORDER It is hereby ordered that the petition filed herein be, and it hereby is, dismissed. 7 We affirm the Hearing Officer's rejection of the Petitioner 's Exh. 43, which purports to show that the Petitioner 's International and various locals thereof represent separate units of maintenance employees outside of the Ohio area , on the ground that the exhibit was not properly authenticated. The exhibit was not prepared , witnessed , or supervised in its preparation by the witness through whom the Petitioner sought to introduce it into evi- dence . Nor did the Petitioner attempt to introduce the exhibit through the individual who prepared it. In addition , the exhibit was incomplete , admit- tedly having omitted relevant information . In these circumstances, the ex- hibit was properly rejected. In any event, the document lacks relevancy inasmuch as it does not pertain to Ohio area practice. s Since we are dismissing the petition , we find it unnecessary to rule on the other issues raised by the parties. 1087 CHAIRMAN MURPHY and MEMBER FANNING, dissent- ing: We are satisfied that the record demonstrates that the employees in the unit sought constitute a readily identifiable building maintenance group whose relat- ed functions, skills, and conditions of employment establish their community of interest. Accordingly, we would direct an election in the plant operations unit sought by the Petitioner. We agree with our colleagues that in determining the appropriateness of a separate maintenance de- partment unit, we must continue to apply our tradi- tional unit criteria. However, we cannot agree that,, after application-of our traditional standards, the rec- ord fails to establish a sufficient community of inter- est among the plant operations department employ- ees to warrant establishment of a separate unit. The employees in the unit sought are organized by the Employer into a traditional maintenance depart- ment, called the plant operations department, which includes the powerhouse employees, skilled, and un- skilled maintenance employees. Their unique nature of employment is reflected by their generally superi- or skills and qualifications and complex duties. A brief examination of their duties and qualifications makes this particularly apparent. The electronics technician has had 2 years of formal training in elec- tronic technology and performs maintenance and re- pair work on a wide variety of biomedical instrumen- tation, communications, and electromechanical equipment. The painters' duties include painting walls, ceilings, and certain equipment and perform- ing related duties including stenciling work and the stripping and refinishing of doors. The carpenters re- pair furniture, doors, and hardware, construct cabi- nets and other structural elements of wood; and are responsible for the operation and maintenance of certain equipment including power, wood, and met- alworking machinery. The Employer considers 4 or more years of experience in carpentry work desirable for purposes of employment. The plumber performs work on welding, masonry, concrete, and plaster and installs and repairs gas, water, air, steam, and waste disposal systems. Two years of plumbing experience is required as a condition of employment. The elec- tricians, who must possess at least 1 year of electrical work experience, are responsible for the installation, testing and repair of electrical power circuits and equipment. The firemen must possess an Ohio High-Pressure Boiler-Fireman's License and are re- sponsible for the safe and continuous operation of the power plant and related equipment. The air-con- ditioning mechanics are responsible for the opera- tion, maintenance, construction, and repair of heat- ing, air-conditioning, and related equipment. They 1088 DECISIONS OF NATIONAL LABOR RELATIONS BOARD maintain , install , and replace pipelines , valve regula- tors, fans, pumps, controls, boiler trim, air handling units, motors, coils, absorption units, cooling towers, compressed air systems, vacuum systems, and utili- ties . The Employer prefers these mechanics to have had craft apprenticeship, technical training, or some experience in maintenance and construction work. The refrigeration mechanic will have the primary re- sponsibility of servicing the refrigeration equipment which entails inspecting, repair, and overhaul of the icemakers , deep freezers, refrigeration equipment, kitchen appliances, and related equipment. Experi- ence in maintenance of refrigeration equipment will be required. The maintenance mechanics work in the air-conditioning section and are engaged in building and hospital work. They are responsible for the re- pair and maintenance of all buildings and equipment including roofs , floors, walls, and windows , as well as the air-conditioning systems, laundry equipment, fur- niture, beds, tables, wheelchairs, and dietary equip- ment . The maintenance mechanics in the air-condi- tioning section also inspect and maintain logs relating to the equipment located within the approxi- mately 20 equipment rooms which house heating, air-conditioning, and related equipment located throughout the hospital. The Employer prefers appli- cants for this position to have had craft apprentice- ship or technical training as well as some experience in maintenance or construction work. The above classifications comprise all but six em- ployees in the plant operations department . It is ob- vious that this general level of skills , functions, and qualifications distinctly set apart the overwhelming majority of employees in the plant operations depart- ment unit sought from those in the service unit, e.g., elevator operators, dish washers, and wall washers. The compensation of the employees in the plant op- erations department provides further evidence of their superior and unique skills. The overwhelming majority of these employees enjoy a compensation significantly higher than other "service employees." Fifteen employees in the unit are the highest paid "service employees" at the hospital and only three dietary employees receive higher pay than the twelve maintenance mechanics. The fact that a small number 9 of employees in the maintenance department lack the level of skill of the overwhelming majority of their brethren does not vi- tiate the strong community of interest possessed by the employees in the unit as a whole .10 The Petitioner has not sought to gerrymander a random group of employees, but seeks only to represent the employees in the plant operations department, which includes a 9 Two grounds laborers, three trade helpers, and one storekeeper. small number of unskilled employees. In seeking to represent the employees in this unit, the Petitioner is merely seeking to represent a unit which reflects the manner in which the Employer has administratively organized itself according to function. This is in ac- cordance with the principle long recognized by the Board. In 1951, in International Paper Company (Southern Kraft Division), 96 NLRB 295, the Board stated that "we have always assumed it obvious that the manner in which a particular employer has orga- nized his plant and utilizes the skills of his labor force has a direct bearing on the community of inter- est among various groups of employees in the plant and is thus an important consideration at any unit determination." Of course, an employer could at- tempt to defeat organization by organizing his em- ployees into divisions which would defy representa- tion. However, herein, Petitioner specifically seeks to represent the departmental unit structured by the Employer. It is clear that Congress contemplated the appropriateness of departmental units. Representa- tive Thompson, Chairman of the House Special Sub- committee on Labor and cosponsor of the amending legislation, stated that "the committee did not intend to foreclose the Board from continuing to determine the Traditional craft and departmental units, such as stationary engineers in the health care field." (Em- phasis supplied.) 11 Petitioner is seeking to represent a well defined separate maintenance department in which the ma- jority of employees exercise craft or craft-like skills, and which has a separate supervisory hierarchy and separate departmental facilities and training pro- grams. The plant operations department has a de- partment director at the top. Below him are an assis- tant director, a chief engineer, and at least two more admitted supervisors. None of the supervisors direct- ly supervise the work of employees from other de- partments in the hospital and plant operation em- ployees do not receive any direct supervision from supervisors of other hospital departments. Other than a minimal amount of transfers from other depart- ments, there has been no interchange of employees between the plant operations department and other departments and no full-time plant operations de- partment employee has ever transferred to another department. The Employer maintains a practice of promoting from within and affording first preference for job openings to employees in the department where the vacancy occurs. Only after a determina- tion that plant operations employees are unwilling or unable to fill a departmental vacancy will the job be open to other hospital employees. The plant opera- tions department has its own training program in 10 See, e.g., S. D. Warren Company, 144 NLRB 204 (1963). 11 120 Cong. Rec. E 4899 (Daily ed. July 22, 1974). RIVERSIDE METHODIST HOSPITAL which trade helpers and maintenance mechanics study basic courses in heating, air-conditioning, and electrical systems. No other departmental training program offers a similar course of study. An "ad hoc committee" to improve communications between plant operations department employees and the Employer's administration was established by the Employer. The committee held two meetings where unspecified matters concerning "wages, working con- ditions, and benefits" were discussed. A majority of employees in the department are required to supply their own tools and tool boxes. Although the mainte- nance department employees work in various parts of the hospital, they are easily distinguished by their unique uniforms and the record indicates that in per- forming such work they generally work alone or with other employees from their own department. We are not persuaded that the evidence is sufficient to estab- lish any area practice since only approximately 7 per- cent of Ohio's 260 hospitals have collective-bargain- ing contracts. Although our colleagues assert that they are ap- plying the traditional unit criteria in finding that the employees in the plant operations department lack a sufficient community of interest to warrant separate representation, we are not convinced that they have set forth compelling reasons why application of our traditional standards does not require us to direct an election in the unit sought. There is nothing in the statute which requires that the unit for bargaining be the only appropriate unit, or the ultimate unit, or the most appropriate unit; the Act requires only that the unit be "appropriate," that is, appropriate to insure to employees in each case "the fullest freedom in ex- ercising the rights guaranteed by this Act." 12 In find- ing that the unit sought is not even an appropriate unit, our colleagues are ignoring a long line of cases in which the Board held that maintenance units were appropriate under similar circumstances. In Miami Inspiration Hospital, Inc., 175 NLRB 636 (1969), the Board found that a unit composed of electrical and maintenance employees employed by the employer hospital constituted a distinct and readily identifiable group, which shared a community of interest apart from the other employees, and that such a unit was appropriate for the purposes of collective bargaining. Those employees performed maintenance work on heating, air-conditioning, and other mechanical equipment, were separately supervised by the chief engineer in charge of maintenance, did not inter- change with other employees, were all salaried, and received the same fringe benefits. The Board also 12 Morand Brothers Beverage Co., 91 NLRB 409 (1950). enfd. 190 F.2d 576 (C.A. 7, 1951). 1089 found appropriate a maintenance unit -including powerhouse employees in Lily-Tulip Cup Corporation, 177 NLRB 71 (1969), where, although the employer's operations were somewhat integrated, the facts es- tablished the existence of an identifiable mainte- nance unit headquartered in distinct work areas, managed by its own supervisors, distinguished de- partmentally by management, possessed of varied skills, divorced from production work and inter- change with production employees, and solely res- ponsible for maintaining the employer's premises and equipment. The above cases, as well as the in- stant case, are controlled by American Cyanamid Company, 131 NLRB 909 (1961), the lead case on maintenance units at unorganized plants, where the Board held that either a unit of production and maintenance employees or a separate unit of mainte- nance employees may be appropriate for collective bargaining where there is no bargaining history on a different basis, operations are not so integrated that the maintenance function loses its identity as a func- tion separate from production, and maintenance em- ployees are readily identifiable as a group whose sim- ilarity of function and skills create a community of interest warranting separate representation. Although the majority states that a maintenance unit may be appropriate if it has a sufficient commu- nity of interest under the Board's traditional stan- dards, as evidence that this community of interest is not present herein, they cite a variety of factors which inevitably will exist in any maintenance de- partment unit. It is difficult to conceive of any main- tenance department in which there will not be a dis- parity of background and skills, and where all employees will not have similar fringe benefits, in- cluding vacations, holidays, sick leave, and free park- ing. For example, in Oscar Mayer & Co., 172 NLRB 1471 (1968), a unit composed of maintenance me- chanics and boilerroom employees was found appro- priate notwithstanding the factors that 75 percent of their time was spent in production areas; they re- ceived instructions from production supervisors in case of breakdowns; and the production to mainte- nance job transfers were contemplated. It appears that they also shared working conditions and bene- fits with the other employees. Upon consideration of all the evidence, we cannot agree that the unit sought is inappropriate. It seems to us that the majority has grounded its finding upon such immaterial factors as the requirement that all hourly paid employees, including the employees in the unit sought, punch a timeclock and must wear identical identification badges. We are particularly not convinced that the evidence indicates that the maintenance employees "perform work of a routine 1090 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and uncomplicated nature which is not unlike the any significant way with other employees, receive cleaning and repair work performed by service em- significantly higher wages, and possess superior skills ployees in other departments." Since the record does and qualifications, we would direct a separate elec- disclose that these employees are separately super- tion for the employees in the plant operations depart- vised and separately trained, are not interchanged in ment. Copy with citationCopy as parenthetical citation