Snap-On Tools Corp.

National Labor Relations Board - Board Decisions

Mar 29, 1944

55 N.L.R.B. 813 (N.L.R.B. 1944)

In the Matter Of SNAP-ON TOOLS CORPORATION and RACINE-KENOSHA
DIE SINKERS LODGE No. 280 OF THE INTERNATIONAL DIE SINKERS
CONFERENCE
Case No. 13-R-2,15.-Decided March 09, 1944
Mr. Robert L. Grover, of Kenosha, Wis., for the Company.
Mr. J. G. Heiner, of Cleveland, Ohio, for the Die Sinkers.
Mr. P. L. Siemiller, of Chicago, Ill., for the I. A, M.
Miss Frances Lopinsky, of counsel t( the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Racine-Kenosha Die Sinkers Lodge
No. 280 of the International Die Sinkers Conference ,' herein called
the Die Sinkers, alleging that a question affecting commerce had arisen
concerning the representation of employees of Snap-On Tools Cor-
poration of Kenosha , Wisconsin, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Robert T. Drake, Trial Examiner. Said hear-
ing was held at Kenosha , Wisconsin , on January 31, 1944, and February
1, 1944. The Company , the Die Sinkers , and International Associa-
tion of Machinists , Lodge No. 34 , herein called the I . A. M., appeared
and participated .2 All parties were afforded full opportunity to be
heard, to examine and cross -examine witnesses, and to introduce evi-
dence bearing on the issues . The Trial Examiner 's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board.
1 On motion of the Die Sinkers , the petition and formal papers in the case were amended
to show the correct name of the organization, as set forth above.
2 International Brotherhood of Blacksmiths , Drop Forgers & Helpers of America, and
Metal Polishers International Union , also served with notice, did not appear.
55 N. L. R. B., No. 147.
813
814 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Snap-On Tools Corporation is a Delaware Corporation having its
principal office at Kenosha, Wisconsin. It operates a plant at Mt.
Carmel, Illinois, and another at Kenosha, Wisconsin. This proceed-
ing concerns only the latter plant, which utilizes steel in the manu-
facture of mechanics' hand service tools. During the past year its
purchases of raw materials exceeded $800,000, more than 95 percent
of which was shipped to the Company from points outside the State
of Wisconsin. During the same period, the value of its manufactured
products exceeded $2,000,000, more than 95 percent of which was
shipped to points outside the State of Wisconsin.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Racine-Kenosha Die Sinkers Lodge No. 280 of the International Die
Sinkers Conference is an unaffiliated labor organization admitting to
membership certain employees of the Company.
International Association of Machinists, Lodge No. 34, affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Die Sinkers
as the exclusive bargaining representative of the employees in its die
sinking department unless the Die Sinkers is certified by the Board
in an appropriate unit.'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Die Sinkers represents a substantial number of
employees in the unit it requests.4
3 The Company has had a series of contracts with the I A II which the I A 11 con-
tends covered the Die Sinkers Upon execution of the last of these, hoa ever, the
parties to the contract simultaneously signed a stipulation which stated inter atba that
the execution of the contract was not to be construed to prejudice or to impair any sights
of the patties to this proceeding . At the time the Die Sinkers requested recognition, the
Company's 1942-43 contract with the I. A11 had expired and no new contract had been
signed
4 The Field Examiner reported that the Die Sinkers submitted 10 application for mem-
bership caids all of which corresponded w:th names listed on the Company's pay roll of
January 10, 1944, which contained the names of 11 employees in the alleged appropriate
unit , and that the cards were all dated August 1943
The I. A. M relied upon its contract to show its interest in the matter
SNAP-ON TOOLS CORPORATION 815
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Die Sinkers requests a unit of all employees in the Forge Die
Room of the Company's plant who work on dies or parts of dies used
in the manufacture and completion of forgings, excluding supervisors
and clerical employees. The I. A. M. contends that die sinkers are not
a distinct craft but are a part of the tool machinists' craft and that
they should be and are presently represented in a unit which includes
all of the machinists in the Company's employ.
The Board has had many occasions to examine the work of die
sinkers in relation to the work of other production employees in plants
similar to the one here involved, and we here reiterate that die sinkers,
who undergo a training period of from 7 to 10 years, and who perform
work that not even the most proficient tool maker can perform with-
out special training, do constitute a craft separate and distinct from
other machinists' crafts.5 The I. A. M. contends that in the Com-
pany's plant, tool makers and die sinkers are interchangeable. The
record reveals that occasionally die sinkers make use of equipment out-
side their department, and tool makers use the equipment in the
die room, but the work which the tool makers perform in the die
room is not die sinking. Nothing in the record distinguishes the die
sinkers here from those involved in cases heretofore decided by the
Board.
We conclude, then, that the die sinkers constitute a distinct craft.
The questions remain whether they nevertheless can best be repre-
sented in a unit with the machinists of the plant and whether they
are presently a part of such a unit.
The Company utilizes forgings in the manufacture of its product.
Until 1942, it purchased them. In that year it established its Drop
Forge plant consisting of a hammer shop and a die room. The first
die sinker was hired in October 1942; the second in December 1942.
It was not until March 1943 that the die shop began to operate with
a reasonably full complement of workmen. In June 1943, the ham-
mer shop attained a reasonably full complement of workmen.
Prior to the establishment of the Drop Forge plant, all of the
employees of the plant were represented by the I. A. M. and the In-
ternational Polishers, Buffers & Platers and Helpers of America.
6 See Matter of Wsllys Overland Motors, Inc ( Toledo , Olrzo) 52 N L R 13 10(); Matter
of Duff-Norton Manufacturvng Company, 48 N. L R B 1148, ,Natter of Intenatvonal
Harvester Company, Tractor Woris, 36 N L. R B. 520, Matter of iVvllays 0ve)laad Motors,
Inc., 35 N. L. R. B. 549.
816 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local No. 45 ,' herein called the Metal Polishers , both of which are
affiliated with the American Federation of Labor.7 On November
7, 1942, the Company signed a new contract with these organizations
which contract contained wage rates for every classification of em-
ployees in the plant except those employed and to be employed in
the new Drop Forge plant . In June 1943 , the Company recognized
the International Brotherhood of Blacksmiths , Drop Forgers and
Helpers, Local No. 652 , herein called the Blacksmiths , as the exclusive
bargaining representative of the employees in the hammer shop. At
that time a supplemental agreement making the Blacksmiths a party
to the November 7 agreement was signed . The agreement contained
wage rates and other provisions applicable to hammer shop employees
but made no mention of die sinkers . In August 1943, a number of
die sinkers , who had theretofore been members of the I. A. M., re-
signed from that organization and affiliated with the Die Sinkers.
In January 1944 the Company, the I . A. M., the Metal Polishers, and
the Blacksmiths executed a contract in which no reference to die
sinkers was made. " The I. A. Al. insists that it has represented the
die sinkers from the time that the first die sinker was employed and
that the parties to the contract thought this too obvious a fact to
require mention in the supplemental agreement of June 1943. In
support of its contention , the I . A. M. proved that it represents die
sinkers in many plants in the Kenosha area and that prior to their
affiliation with the Die Sinkers , the die sinkers employed by the
Company were members of the I. A. M., who had been employed in
plants in which the I. A. M. represented the sinkers in units composed
of machinists of all types. In denial of the contention , the Die
Sinkers pointed out that all other categories of employees , obviously
covered by the collective bargaining contracts , were specifically listed
therein for purposes of defining wage rates ; that die sinkers are the
only employees not so listed , and that the die sinkers employed by
the Company were never provided with a shop steward to represent
them in the I. A. M.
Upon consideration of the foregoing facts we are of the opinion that
the die sinkers are not and have never been covered by the bargaining
between the Company and the I . A. M. The custom of bargaining
in the area , however, does indicate the feasibility of the unit re-
quested by the I . A. M. Under the circumstances, we believe that
the employees in the Company 's die shop may properly constitute a
e So designated in the contracts.
The American Federation of Labor was recognized by the Company as the exclusive
haigaining representative of its employees in 1936 after it had won a consent election in
the Company's plant.
8 This is the contract mentioned in footnote 3 herein which was signed simultaneously
with the stipulation
SNAP-ON TOOLS CORPORATION 817
separate bargaining unit or may equally achieve the full benefit of
their right to, self-organization and collective bargaining as a part
of the unit in which machinists are represented . We are of the opin-
ion that our determination of the unit issue with respect to the em-
ployees in question should depend, in part, on the desires of the
affected employees to be expressed in the election hereinafter directed.
Consequently we shall make no final determination of the unit at
this time, but shall defer such determination pending the results of
the said election.
We shall direct an election among all employees in the Forge Die
Room of the Company's plant who work on dies or parts of dies used
in the manufacture and completion of forgings , excluding clerical
employees and all supervisory employees with authority to hire,
promote, discharge, discipline or otherwise effect changes in the status
of employees or effectively recommend such action .9 If they select the
Die Sinkers they will thereby have indicated their desire to constitute
a separate unit. If they select the I. A. M. they will have indicated
their desire to be represented together with machinists for the pur-
poses of collective bargaining 10
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the fore-
going employees who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Snap-On
Tools Corporation, Kenosha, Wisconsin , an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Thirteenth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the Forge Die Room of the Company's
0 All parties are in agreement as to the constituency of the voting group
30 The I. A. M appears to be the statutory bargaining representative for all shop em-
ployees at the Company's plant including machinists but excluding employees of the plating
and polishing department and forge shop employees
578129-44-vol. 55-53
818 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant who work on dies or parts of dies used in the manufacture and
completion of forgings, excluding clerical employees and all super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees or effectively
recommend such action, who were employed during the pay-roll
period immediately preceding the date of this Direction, including
employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off, and including
employees in the armed forces of the United States who present
themselves in person at the polls, but excluding those employees who
have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, to determine
whether they desire to be represented by Racine-Kenosha Die Sinkers
Lodge No. 280 of the International Die Sinkers Conference, or by
International Association of Machinists, affiliated with the American
Federation of Labor, for the purposes of collective bargaining or by
neither.