The Babcock & Wilcox Co.

National Labor Relations Board - Board DecisionsDec 23, 1965

156 N.L.R.B. 316 (N.L.R.B. 1965)

316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD WE WILL NOT in any way interfere with , restrain , or coerce employees in the exercise of the rights guaranteed under the National Labor Relations Act, as amended. AUBURN RUBBER COMPANY, INC., Employer. Dated------------------- By------------------------------------------- (Representative) ( Title) This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered , defaced , or covered by any other material. If employees have any question concerning this notice or compliance with its provisions , they may communicate directly with the Board 's Regional Office, 1015 Tijeras Street NW., Albuquerque , New Mexico , Telephone No. 247-0311 , Extension 2520. The Babcock & Wilcox Company and Local 901, International Brotherhood of Boilermakers, Iron Ship Builders , Blacksmiths, Forgers and Helpers, AFL-CIO, Petitioner. Case No. 10-UC-3. December 23,1965 DECISION AND ORDER Upon a petition duly filed under Section 9 (b) of the National Labor Relations Act, as amended, a hearing was held before a Hearing Officer of the National Labor Relations Board. The Hearing Officer's rulings made at the hearing are free from prejudicial error and are hereby affirlned. Thereafter, the Employer filed a brief. Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman McCulloch and Members Fanning and Jenkins]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. This proceeding involves the Brunswick, Georgia., plant of the Employer, where it is engaged in the manufacture of boilers and related products. Since March 17, 1958, the Petitioner has been the certified bargaining representative of the following unit: All production and maintenance employees at the Employer's Brunswick, Georgia, plant, including storeroom employees and tool attendants, and excluding office clerical employees, guards, leadmen, and supervisors as defined in the Act. On June 22, 1965, the Petitioner filed a petition seeking clarification of the above unit to include the "planning and sequence men." The Employer's title for this job is "estimator planner." The Petitioner contends that the work performed by the estimator planners is the same as that done by layout men who are included in the unit. Prior to January 1964, the work of the layout men, who are included in the bargaining unit, consisted of receiving and sorting billing mate- 156 NLRB No. 21. PAINTERS LOCAL UNION NO. 720, ETC. 317 rials, drawings, and material requisition cards according to job clas- sifications; in addition, the layout men made templets for the use of the operators and, from the materials which they received and sorted, calculated and physically marked with a beam press or punch press the points on the structural steel that were to be drilled. In January 1964, two layout men were assigned to the newly created job of sequence man. In September 1964, two more layout men were so assigned and the job title was changed to estimator planner. The estimator plan- ners handle the same materials as did-and to some extent still do- the layout men, with the difference that estimator planners do not pre- pare templets for the operators nor do they mark the holes in the structural steel; instead they prepare a tape on an adding machine which tells the operator where to punch the holes in the structural steel. In addition, the estimator planners prepare inventory lists of materials received at the plant to be used in connection with the ship- ping of finished goods and are now involved in a companywide indus- trial engineering planning program which is attempting to improve work methods, job performance, and to lowering of costs. . As compared with the work performed by the layout men, which is closely connected with that of the other employees in the bargain- ing unit, the work of the estimator planners is almost entirely clerical with no interchange and virtually no contact with the unit employees. In addition, there are these differences : estimator planners are salaried and paid twice each month, layout men, and other unit employees, are hourly paid on a weekly basis; estimators planners work different hours, have different medical benefits, have different plant supervi- sion, and for accounting purposes are completely separate from the unit employees. In view of the foregoing, and upon the entire record, we find that the petition for clarification is not the appropriate procedure for resolving the issue raised in this proceeding. Accordingly, we shall dismiss the petition. [The Board denied the petition to amend and clarify certification.] Painters Local Union No . 720, Brotherhood of Painters , Decora- tors and Paperhangers of America , AFL-CIO and J. M. Miller Decorating Company. Case No. 19-CC-262. December 23, 1965 DECISION AND ORDER On July 26,1965, Trial Examiner Louis S. Penfield issued his Deci- sion in the above-entitled proceeding, finding that Respondent had 156 NLRB No. 32.