A. D. Juilliard & Co., Inc

National Labor Relations Board - Board Decisions

Jun 19, 1951

94 N.L.R.B. 1306 (N.L.R.B. 1951)

1306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A. D. JUILLIARD & Co., INC.' and LOCAL 100, INTERNATIONAL UNION
OF OPERATING ENGINEERS , AFL, 'PETITIONER. Case No. 1-RC-
2144. June 19,1951
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Robert S. Fuch, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
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 Herzog and Members Murdock and Styles].
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 organizations involved claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner requests a unit of all powerhouse employees, in-
cluding all engineers, firemen and helpers, coal passer, and ashman,
but excluding maintenance men and all other employees and super-
visors as defined in the Act.
The Employer and Local 94, Textile Workers Union of America,
CIO, hereinafter called the Intervenor, contend that the unit sought
by the Petitioner is inappropriate. They argue that these employees
ought not to be severed from the existing unit of production and
maintenance employees because of a long history of collective bar-
gaining on a broader basis, the transfer of maintenance employees to
positions in the requested unit; the similarity of working conditions
for all employees in the plant, and the general bargaining pattern in
the industry.
The Employer is a Delaware corporation engaged in the manufac-
ture of ladies' worsted dress goods in various States in the United
States, and at its Atlantic Mills Division in Providence, Rhode Island,
with-which we here are solely concerned. The powerhouse and boiler
room employees sought by the Petitioner have been included in the
existing production and maintenance unit, currently represented by
the Intervenor, since 1939.
1 As amended at the hearing.
94 NLRB No. 200.
A. D. JUILLIARD & Co., 'INC. 1307
The engineers in the powerhouse perform the customary duties of
such employees in operating the several turbines 2 supplying power
for the Employer's manufacturing activities.3 Although the boiler
room is located in a separate building -about 75 feet from the power-
house, the work of the firemen who watch the gauges and operation
of the stokers is the same type of work normally performed by em-
ployees of this description who work in close conjunction with, and
are otherwise identified with, powerhouse employees. Boiler room
employees and powerhouse engineers are under the direct supervision
of the chief engineer who in turn is supervised by the mechanical
superintendent. Both the engineers and firemen are licensed by the
city of Providence. The record shows that transfers have occurred
from the production and maintenance employees into the powerhouse
and boiler room. However, there is little intermingling of duties
between these two groups of employees. The Employer maintains
similar personnel records for all employees and employees generally
are subject to the same working conditions.
From the foregoing it is clear that the boiler room and powerhouse
employees represent a distinct, homogeneous, and functionally co-
herent 'group of the type that the Board has customarily held may
be severed from an existing production and maintenance unit, not-
withstanding a history of collective bargaining on a broader basis 4
We therefore find that these employees may constitute, if they so
desire, a separate unit appropriate for the purposes of collective
bargaining.
However, we shall make no final determination at this time, but
shall first ascertain the desires of these employees as.expressed in the
election hereinafter directed. If a majority vote for the Petitioner,
they will be taken to have indicated their desire to constitute a separate
bargaining unit.
Switchboard operators. These employees are employed in the pow-
erhouse where they operate the control board. that feeds the electric
current from the turbines to the power lines and regulates the distri-
bution of power to the various parts of the plant. They are licensed.
electricians under the supervision of the chief electrician who, like
the chief engineer, is supervised by the mechanical superintendent.
The Petitioner leaves the determination of their inclusion to the Board,
while the Employer and the Intervenor contend that they should
2 Another turbine is located in the boiler room, but is used only for standby basis.
It is operated by a fireman.
$ Several other maintenance departments are located in tho same building housing the
engine room or powerhouse employees.
I. B. Kleinert Rubber Company, 92 NLRB No . 271 ; Anaconda Wire and Cable
Company, 91 NLRB No. 37. -
1308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
be included. We are of the opinion that the switchboard operators
are an integral part of the powerhouse crew and we shall therefore
include them.
Repairmen. The boiler repairman and his helper, and the turbine
repairman have as their primary function the maintenance of the
turbines and the boiler room equipment. Although they are assigned
to the machine shop, a substantial portion of their time is spent in the
powerhouse and boiler room and we shall therefore include them 5
We shall direct an election in the following group : e
All powerhouse and boiler room employees, including engineers,
firemen and their helpers, coal passer, ashman, switchboard operators,
boiler and turbine repairmen and their helpers, at the Employer's
Providence, Rhode Island, plant, but excluding guards, professional
employees, all other employees, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication in this
volume.]
5 Worthington Pump and Machinery , 93 NLRB No . 79; American Box Board Company,
90 NLRB 122; International Shoe Company , 92 NLRB No. 37.
6 While this group is larger than the unit sought by the Petitioner, the Petitioner has
submitted an adequate showing of interest herein.
THE ELECTRIC STORAGE BATTERY COMPANY and INTERNATIONAL UNION
OF ELECTRICAL , RADIO AND MACHINE WORKERS, CIO, PETITIONER.
Case No. 13-RC-1786. June 19, 1361
Decision and Direction of Elections
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Irving M. Friedman, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
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 [Members Houston, Reynolds, and Styles].
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 organizations involved claim to represent certain
employees of the Employer.
3. United Electrical, Radio & Machine Workers of America, Local
1150, an Intervenor in this proceeding, hereinafter called the UE,
alleges that its certification by the Board on May 17, 1950, and its
94 NLRB No. 195.