Schick, Inc.

National Labor Relations Board - Board Decisions

Mar 22, 1961

130 N.L.R.B. 1501 (N.L.R.B. 1961)

SCHICK INCORPORATED 1501
It having also been found that the Respondent Company discriminated with regard
to the hire and tenure of employment of James L. Watkins on March 6, 1959, it will
be recommended that the Respondent Company offer Watkins immediate and full
reinstatement' to 'his former or substantially equivalent position without prejudice
to. his seniority or other rights and privileges and make him whole for ,any loss of
-pay suffered as a result of the discrimination against him, by payment,to him of a
sum of money equal to the amount he would have earned from the date of the
discrimination against him to the date of the offer of reinstatement less net earnings
to be computed on a quarterly basis in the manner established by the Board in
F. W. Woolworth Company, 90 NLRB 289. Earnings in any one quarter shall have
no effect upon the backpay liability.for any other such period. It will also be
recommended that the Respondent Company preserve and make available to the
Board, upon request, payroll and other records to facilitate the computation of the
backpay due.
As the unfair labor practices committed by the Respondent Company and the
Respondent Unions are of a character striking at.the root of employee rights safe-
guarded by the Act, it will be recommended that they cease and desist from
infringing in any manner upon the rights guaranteed in Section 7 of the Act.
Upon the basis of the foregoing findings of fact, and upon the entire record in
the case, the Trial Examiner makes the following:
CONCLUSIONS OF LAW
1. The Respondent Unions, Local 12009, United Mine Workers of America,
Region 40, and District No. 50, United Mine Workers of America, are labor or-
ganizations within the meaning of the Act.
2. The Respondent Unions have engaged in and are engaging in unfair labor
practices within the meaning of Section 8(b) (1) (A) and (2) of the Act.
3. The Respondent Company has engaged in and is engaging in unfair labor
practices within the meaning of Section 8(a)(1) and (3) of the Act.
4. The aforesaid unfair labor practices affect commerce within the meaning of
Section 2(6) and (7) of the Act.
5. The Respondent Unions have not engaged in violations of the Act with regard
to James L. Watkins as alleged.
[Recommendations omitted from publication.]
Schick Incorporated and United Steelworkers of America, AFL-
CIO and District No. 98, International Association of Machin-
ists, AFL-CIO, Petitioners . Cases Nos. 4-RC-4381 and 4-RC-
4404. March, 22, 1961
DECISION, ORDER, AND DIRECTION OF ELECTIONS
Upon petitions duly filed in Cases Nos. 4-RC-4381 and 4-RC-
4404 under Section 9 (c) of the National Labor Relations Act, a con-
solidated hearing was held before Chester S. Montgomery, hearing
officer, and the proceeding was thereafter transferred to the Board.
The hearing officer's rulings made. at the hearing are free from prej-
udicial error and are hereby affirmed.
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
employees of the Employer.'
1 The Petitioner in Case No. 4-RC-4381 is referred to herein as Steelworkers , and the
Petitioner in Case No. 4-RC-4404 is referred to as IA M. International Brotherhood of
130 NLRB No. 155.
.1502 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
3. A question affecting commerce exists ' concerning the represen-
tation 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 employs approximately 489 employees in the
manufacture of electric shavers at its Lancaster, Pennsylvania, plant.
Forty-eight of these employees are toolroom employees and four are
classified as electricians. There is no bargaining history. On Sep-
tember 21, 1960, the Steelworkers filed a petition (Case No. 4-RC-
4381) requesting an election in a production and maintenance unit.
Thereafter on October 11, 19609 IAM filed a petition (Case No. 4-RC-
4404) seeking a separate unit of toolroom employees. IBEW inter-
vened in the consolidated proceeding, and -seeks craft unit of elec-
tricians. Steelworkers and the Employer contend that only a unit of
production and maintenance employees, including the toolroom em-
ployees and electricians, is appropriate.
We find that a unit of production and maintenance employees is
appropriate? Whether such unit should include electricians and tool-
room employees is determined below.
Toolroom employees : Of the 48 employees employed in the tool-
room 34 are tool- and die-makers, 12 are machinists, 1 is a machinist
helper, and 1 is a toolcrib attendant. The toolroom is a separate en-
closed area of the plant and is supervised by a foreman and assistant
foreman. It is equipped with shapers, lathes, drill presses; grinders
(surface, internal, and external), and all equipment necessary for a
modern well-equipped toolroom. The tool- and die-makers work
from blueprints and sketches. Occasionally, they make their, own
sketches and designs from which prints are made by the engineering
1epartment. They are required to work to close tolerances, and use
comparators, comparison scopes, and microscopes. The machinists
are engaged in diagnosing difficulties and repairing machines and
equipment. They also make new parts for machinery and set up
equipment. All toolroom employees are required to have 4 years'
apprenticeship or the equivalent. The machinist helper is training
to become a machinist, and the line of promotion is from machinist to
tool- and die-maker. Upon the whole record, we find that, the tool-
room employees comprise 'a functionally „distinct and homogeneous
departmental group of a type which the Board customarily accords
separate representation, if, they so desire.3- However, IAM, which
'Electrical Workers, AFL-CIO, hereinafter referred to as IBEW , intervened on the basis
of a showing of interest among the electricians.
2 The Employer maintains a recall list of temporarily laid-off employees . The list con-
tains 100 names , in order of seniority as of April 1, 1960. At the time of the hearing
40 of these employees had been recalled and a representative of the Employer testified
that the rest have a reasonable expectation of substantial future employment. They
therefore are included in the unit and are eligible , to vote. P. G. Gray, 128 NLRB 1026.
s Bendix Aviation Corporation , 125 ' NLRB 380. ' The tool crib attendant is supervised
by the toolroom foreman and assistant foreman , and is located in •a fenced area adjacent
SCHICK INCORPORATED 1503
requests separate representation of the toblroom employees, also re=
quests that its name be placed on the ballot in the election in the pro-
duction and maintenance group. In accord with the Board's decision
in F. N. Burt Company, Inc.,' and for the, reasons set forth therein,
we find that the request by IAM to -represent the production and
maintenance employees is inconsistent with its petition for a separate
toolroom unit. Accordingly, we shall require IAM to elect between
-the toolroom employees and the other employees, and-shall permit it
to participate in only one election, as explained below in our Direction
and Order. -
Electricians : The four electricians are 'supervised by' the mainte-
nance foreman. They repair electrical failures . o-n .machines, install
electrical - equipment-on construction work, and do all electrical work
-iii the plant. The 'record shows that they are required. to have
"trade" training or its equivalent and are - paid at . the same rate as
the -machinists. These -employees have their own tools and store them
in a separate place in the plant. It is company policy to recruit
electricians from the general maintenance employees, if qualified; if
no qualified employees are available, the Employer hires qualified
.electricians from outside the plant. We find, that the electricians
constitute a distinct craft group of employees such as the Board
has found to be entitled to separate representation.'
DIRECTION AND ORDER
In accord with our findings above, elections will be conducted in sep-
arate voting groups of electricians and production- and maintenance
employees. Whether toolroom employees will be included in the lat-
ter group, or whether an election will be conducted in a separate vot-
ing group of toolroom employees, will depend on the choice made by
the IAM as hereinafter set forth. As we have found that the petition
of IAM for a toolroom unit and its request to intervene in the produc-
-tion and maintenance election are inconsistent,
IT is HEREBY ORDERED that the Regional Director shall ascertain from
IAM whether it wishes to proceed to an election in a voting group of
toolroom employees. or whether. it prefers to participate in the elec-
tion in a production and maintenance group including toolroom em-
ployees.
If IAM advises the Regional Director that it wishes to proceed-to
an election in the toolroom group, the Regional Director will issue a
to the toolroom . We therefore find, contrary -to the agreement of the parties, that his
interests are closely allied with those of the other toolroom department employees and
we shall include him in the toolroom voting group. See Union Steam Pump Company,
118 NLRB 689, 693.
d 130 NLRB 1115.
5 See A. O. Smith Corporation, Granite City , Illinois , Frame Plant , 116 NLRB 1328.
1504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
notice of election for such group in accord, with the Board's customary
practice.6
If, however, IAM advises the Regional Director that it prefers to
participate, together with Steelworkers, in an election in the produc-
tion and maintenance unit, including toolroom employees, the Re-
gional Director is hereby authorized to issue a notice of election for
such group in accord with the Board's customary practice.' Upon
receipt of such advice, we shall dismiss the petition in Case No.
4-RC-4404.
CHAIRMAN MCCULLOCH and MEMBER FANNING took no part in the
consideration of the above Decision, Order, and Direction of Elections.
a In this event elections will be held in the following voting groups, excluding from
each group office clerical employees, guards, foremen , executives ; and supervisors as de-
fined in the Act :
(1) All electricians.
( 2) All toolroom employees , including tool crib attendant.
(3) All production and maintenance employees , excluding electricians and. toolroom
employees.
If a majority of the employees in voting group ( 1) or (2 ) select the Union seeking to
represent them separately , those employees will be taken to have indicated their desire
to constitute a separate bargaining unit, and the Regional Director is instructed to issue
a certification of representatives to the Union seeking such unit, which the Board, in
such circumstances , finds appropriate . Should both voting groups ( 1) and (2) vote for
separate representation , and should a majority in the production and maintenance voting
group select Steelworkers, the Regional Director is instructed to issue a certification of
representatives to Steelworkers for such unit, excluding electricians and toolroom em-
ployees, which the Board , in such circumstances , finds appropriate: If, however, a
majority in voting group ( 1) or (2 ) do not vote for the Union seeking to represent them
in a separate unit, that group will be included in the production and maintenance unit
and their votes shall be pooled with those in voting group ( 3), and the Regional Director
is instructed to issue a certification of representatives to the Union selected by a majority
in the pooled group, which the Board in such circumstances finds appropriate. If the
votes are pooled, the votes for IBEW and IAM shall be counted as valid votes but neither
for nor against Steelworkers ; all other votes are to be accorded their face value whether
for or against Steelworkers.
7 In this event elections will be held in the following voting groups excluding from
each group office clerical employees, guards, foremen , executives, and supervisors as de-
fined in the Act :
(1) All electricians.
(2) All production and maintenance employees , including toolroom employees.
If a majority in voting group (1) vote for IBEW, they will be taken to have voted for
separate representation, and the Regional Director is instructed to issue a certification of
representatives to IBEW for a separate unit, which the Board, in such circumstances,
finds appropriate . And in that event, should a majority in the production 'and maintenance
group select Steelworkers or IAM, the Regional Director is instructed to issue a certifica-
tion of representatives to such Union for such unit , excluding electricians , which the
Board in such circumstances , finds appropriate. If, however, a majority in the elec-
tricians' group do not select IBEW, their ballots will be pooled with those of the em-
ployees in the production and maintenance group. If the votes are pooled, the votes
for IBEW shall be counted as valid votes but neither for nor against Steelworkers or
IAM ; all other votes shall be accorded their face value whether for or against Steel-
workers or IAM. If the employees in the pooled group select a bargaining representative,
the Regional Director is instructed to issue a certification of representatives to such repre-
sentative for a unit of production and maintenance . employees including electricians
which the Board , in such circumstances , finds appropriate.