United Screw and Bolt Corp.

National Labor Relations Board - Board Decisions

Oct 27, 1953

106 N.L.R.B. 1308 (N.L.R.B. 1953)

1308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
union other than that selected by a majority in the other, they
will be taken to have indicated their desire to constitute a
separate bargaining unit, and the Regional Director conducting
the elections is instructed to issue a certification of representa-
tives to the labor organization so selected by the employees in
that group, which the Board in such circumstances finds to be
a separate unit appropriate for the purposes of collective
bargaining. If a majority of the employees in both voting groups
selects Local 125, they will be taken to have indicated their
desire to constitute a plantwide unit and the Regional Director
conducting the elections is instructed to issue a certification of
representatives to Local 125 as the labor organization selected
by the employees in both groups, which the Board in such cir-
cumstances finds to be a single unit appropriate for the pur-
poses of collective bargaining.
[Text of Direction of Elections omitted from publication]
UNITED SCREW AND BOLT CORPORATION and UAW-AFL
AMALGAMATED LOCAL NO. 286, Petitioner . Cases Nos.
13-RC-3454 and 13-RC-3467. October 27, 1953
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held
before Hubert J. Sigal, 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 these cases, the Board finds:
1. The Employer is engaged in commerce within the meaning
of the Act.
2. The labor organization involved claims to represent
certain employees of the Employer.
3. A question affecting commerce exists concerning the
representation of employees of the Employer within the mean-
ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks separate units of (1) toolroom
employees and (2) millwrights at the Employer's Chicago,
Illinois, plant. The Employer contends that the only appropriate
unit for these employees is either (1) a production and main-
tenance unit or (2) a combined unit of toolroom employees
'At the hearing, the Employer moved to dismiss the petition in Case No. 13-RC- 3467 on
the ground that the Regional Director issued the notice of consolidated hearing herein without
first determining the adequacy of the Petitioner's showing of interest in that case by checking
its evidence thereof against a list of employees furnished by the Employer. This motion is
denied. As we have repeatedly stated, the adequacy of a showing of interest is a question
for administrative determination, not subject to direct or collateral attack. Corning Glass
Works, 93 NLRB 775. Moreover, we are administratively satisfied that, at the time of the
hearing, the Petitioner's showing in Case No. 13-RC-3467 was adequate.
106 NLRB No 236.
UNITED SCREW AND BOLT CORPORATION 1309
and millwrights . The parties further disagree as to the unit
placement of the machine tool setup man and instructor and
the tool - crib attendant , discussed below.
The Employer operates its Chicago plant with approximately
230 employees . It is principally engaged in the manufacture
of machine screws and machine screw nuts. The Employer
divides its operation into several sections , including header,
plating , slotting , threading , screw machine , and second opera-
tion departments , a toolroom , and a millwright shop. The
employees sought by the Petitioner work in the last two
operations . There is no history of collective bargaining for
the Employer ' s employees.
In support of its unit contention , the Employer points to
previous Board cases involving its employees and alleges
that the integration between the duties of toolroom employees
and those of millwrights precludes a finding that separate
units of these employees are appropriate.
On May 2, 1950 , the Board issued its Decision and Direction
of Election in Case No . 13-RC-1048 ,2 finding , on the basis
of an agreement between the Employer and the petitioner
therein , that a unit of production and maintenance employees
was appropriate at the Employer ' s Chicago plant. On March
18, 1952 , in Case No . 13-RC-2545 ,3 the Employer and the
petitioner therein entered into a consent -election agreement,
covering production and maintenance employees at this plant.
The petitioner in those cases lost both elections.
Because the unit in each of those cases was established
pursuant to an agreement between the parties , and as there
has been no bargaining on a plantwide basis, we are not
required to hold that only a production and maintenance unit
is appropriate for bargaining purposes at the Employer's
plant at this time.4 Nor do we believe that the duties of
toolroom employees and millwrights , described below, are
so integrated as to require their inclusionina single combined
unit . We shall therefore consider on its merits the Petitioner's
request for separate units of toolroom employees and mill-
wrights.
The Proposed Toolroom Unit ( Case No. 13-RC-3454)
The Employer ' s approximately 37 toolroom employees 5 have
their headquarters in the toolroom , a separate area ,6 where
they appear to do the bulk of their work . They and the tool-
2 United Screw and Bolt Corporation , 89 NLRB 953
SNot reported in printed volumes of Board Decisions.
4Raleigh Coca-Cola Bottling Works , 80 NLRB 768; Sperry Gyroscope Company , Division
of Sperry Corporation , 94 NLRB 1724.
5 These employees include machinists , apprentice machinists , tool and die makers , machine
tool operators , engine lathe operators , header tool finishers , a clutchhead toolmaker, a
tool hardener, a header toolmaker , a milling machine operator , and a machine tool setup
man and instructor.
6 The record is not entirely clear as to the extent to which this area is enclosed.
131 0 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
crib attendant work under the immediate supervision of the
toolroom foreman. Among the 37 toolroom employees, there
are approximately 9 machinists and 2 tool and die makers.
The machinists repair the Employer's machinery and
machine most of its replacement parts . In the course of
their work, they read blueprints, normally work to tolerances
of 3 thousandths to 5 thousandths of an inch, and use such
tools as calipers , micrometers , and guages and other indi-
cators. They do the final "lining-up" of machines moved by
millwrights, and complete repairs on parts begun by the
millwrights.' The Employer maintains a formal 4-year ap-
prenticeship for machinists . They may progress to tool
and die makers. Tool and die makers make tools and
dies. They read blueprints, and use lathes, milling machines,
shapers, jig bores, grinders , both cylindrical and surface,
and radial drills.
It is not entirely clear from the record whether any of the
toolroom employees other than machinists and tool and
die makers exercise definite craft skills. However, the
machinists and tool and die makers , who clearly exercise
craft skills, furnish a craft nucleus, in any event, for the
proposed toolroom unit. So far as the record discloses, there
are no employees exercising similar skills elsewhere in the
plant. Under these circumstances, we find that toolroom
employees constitute an appropriate bargaining unit.'
The Proposed Millwrights ' Unit ( Case No. 13-RC-3467)
Approximately 6 employees classified as millwrights have
their headquarters in the millwright shop, a separate, un-
enclosed area next to the toolroom. They and the Employer's
boilerroom attendant work under the immediate supervision
of the millwright foreman. These 6 employees work in the
millwright shop and throughout the plant. They spend about
75 percent of their working time in dismantling, moving,
assembling, and installing machines and in repairing and
maintaining machinery and other equipment, such as trucks
and overhead electric devices, and the remainder in building
maintenance duties. These latter duties include replacing
windows, making electrical installations, and doing pipe
and steam fitting, carpentry, welding, and sheet metal work.
While the Employer has no apprenticeship program for
millwrights, it appears that it generally takes 3 to 4 years to
train a millwright for the Employer's purposes. The Board
has generally recognized that employees performing duties
similar to those of the instant millwrights are craftsmen
T E g., they may machine a part previously welded by a millwright.
8Landis Machine Company, 101 NLRB 628; Robertshaw- Fulton Controls Company, 77
NLRB 316
UNITED SCREW AND BOLT CORPORATION 1311
and entitled to separate representation.9 We therefore find
that the millwrights involved herein constitute an appropriate
unit.
Disputed Categories
The machine tool setup man and instructor: The Employer
would include this employee in the toolroom unit. The Petitioner
would exclude him therefrom on the ground that he is a
supervisor within the meaning of the Act.
The machine tool setup man and instructor works in the
toolroom. He assigns work to machine tool operators, helps
them sharpen their tools and set up their machines, and
generally assists them when they have difficulties with their
work. His duties do not seem to have substantially changed
since the earlier Board decision involving the Employer,10 in
which the Board found that he was not a supervisor. The
instant record fails to disclose that he nowhas any of the powers
of a supervisor as set forth in Section 2 (11) of the Act. Under
these circumstances, we find that the machine tool setup
man and instructor is not a supervisor, and we shall therefore
include him in the toolroom unit.
The tool-crib attendant:" The Petitioner would include this
employee in the toolroom unit. The Employer would exclude
him therefrom on the ground that his duties are closely
connected with those of the production and maintenance
employees.
The tool-crib attendant works in the tool crib, a partitioned
area next to the toolroom, under the same immediate super-
vision as toolroom employees. He is in charge of all factory
supplies, except raw material for the production of screws;
maintains a supply of drills, taps, and machine parts; issues
tools to employees; and cuts off raw material as needed and
ordered. He services the entire plant, including the toolroom.
He issues more tools to toolroom than to any other employees.
In its prior decision, the Board included the same employees2 in
the production and maintenance unit, finding, contrary to the
Employer's contention, that he was not a managerial employee.
In that case, however, the question whether he might appro-
priately be included in a separate unit of toolroom employees
was not in issue and was not decided. His work duties and
interests appear to be sufficiently allied with those of toolroom
employees to warrant his inclusion in the toolroom unit. We
shall therefore include the tool-crib attendant in that unit."
Upon the entire record in these cases, we find that the
following employees of the Employer at its Chicago, Illinois,
9 Federal Telephone and Radio Corporation, 98 NLRB 1324; Crown Zellerbach Corporation,
96 NLRB 378; International Paper Company, Southern Kraft Division, 94 NLRB 483
10 See footnote 2, supra.
"Otherwise called the storeroom keeper in the record.
12 Referred to in that case as "the head storekeeper."
19Cf. Line Material Company, 80 NLRB 599.
1312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant , constitute separate units appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of
the Act, excluding from each unit all other employees and
supervisors as defined in the Act.
Unit 1: All toolroom employees , including the machine tool
setup man and instructor and the tool-crib attendant.
Unit 2 : All millwrights.14
[Text of Direction of Elections omitted from publication.]
14In its brief, the Employer contends, in substance, that a finding that toolroom employees
and millwrights constitute separate appropriate bargaining units would rest solely upon the
extent of the Petitioner 's organization among the Employer ' s employees and is therefore
prohibited by Section- 9 (c) (5) of the amended Act. However, as indicated above, we have
relied on factors other than extent of organization in finding that such units are appro-
priate.
HILTON HOTELS INTERNATIONAL, INC. and UNION INDE-
PENDIENTE DE EMPLEADOS DEL HOTEL CARIBE
HILTON, Petitioner. Case No. 24-RC-612. October 27, 1953
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Vincent M.
Rotolo, hearing officer. The hearing officerts 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 organization involved claims to represent
certain employees of the Employer.
3. No question affecting commerce exists concerning the
representation of employees of the Employer within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act,
for the following reasons:
Pursuant to a consent election conducted on September 21,
1952, the Board, on November 21, 1952, certified the Petitioner
as representative of a unit of service employees at the Em-
ployer's Hotel Caribe Hilton in San Juan, Puerto Rico, exclud-
ing "office and clerical employees ," supervisors , and various
other categories not here relevant . The Petitioner nowdesires
to establish its right to bargain collectively for 9 persons
(assistant stewards , head dishwashers , linen room supervisors,
and linen room attendant ) whom the Employer contends are
and should be excluded from the unit. It is the Employer's
I For the reasons given infra , the Employer 's motion to dismiss the petition is hereby
granted.
106 NLRB No. 233.