E. I. Du Pont de Nemours and Co.

National Labor Relations Board - Board Decisions

Aug 27, 1971

192 N.L.R.B. 1115 (N.L.R.B. 1971)

DU PONT (MAY PLANT) 1115
E. `I. Du Pont de Nemours and Company (May Plant)
and International Brotherhood of Electrical Work-
ers, Local Union 382, AFL-CIO. Case i 1-RC-3254
August 27, 1971
DECISION AND DIRECTION OF
ELECTION-
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND BROWN
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a
hearing was held before Hearing Officer Donald L.
Dotson. Following the hearing and pursuant to
Section . 102.67 of the National Labor Relations
Board Rules and Regulations and Statements of
Procedure, Series 8 , as, amended, 'and by direction of
the Regional Director for Region 11, this case was
transferred to the National Labor Relations Board
for decision. Briefs were filed by the Petitioner and
the Employer.
Pursuant to the provisions of Section 3(b) of the
Act, the Board has delegated its'powers in connec-
tion with this case to a three-member panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. They are hereby affirmed.
The Board has considered the entire record in this
case, including the briefs of the parties, and hereby
makes the following findings:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
policies of the - Act to assert jurisdiction herein.
2. The Petitioner is a labor organization claiming
to represent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of certain employees of the
Employer within the meaning of Section 9(cXl) and
Section 2(6) and (7) of the Act. -
4. The appropriate unit. There is, no history of
collective bargaining for the employees 'sought to be
represented herein.
The Petitioner seeks to represent a unit consisting
-of all control equipment mechanics employed at the
Employer's May plant, Camden, South Carolina,
excluding all- control°equipment specialists; engineer-
ing assistants,, office clerical employees, professional
employees, guards, and supervisors as defined in the
Act.' The Petitioner contends that the employees
sought constitute an appropriate craft or departmen-
t The unit description appears as amended , at the hearing.
2 Prior to the addition of, the nylon process in early 1968, the functions
now performed by 'control 'equipment mechanics , were divided among
"instrument , men" (who performed repair and maintenance, exclusively on
hydraulic and pneumatic instruments) and "maintenance electricians" (who
192 NLRB No. 165
tal unit. The Employer's position is that the only
appropriate unit is one -consisting of all of the
Employer's production and maintenance employees.
At the May plant, the Employe is engaged in
manufacturing two chemically tr ated synthetic
textile fibers, nylon and orlon. The plant operates 24
hours a day, 7 days a week, 52 weeks a year, under a
highly automated continuous-flow process by which
the raw materials are converted into either a salt or
flake, and then into the final ,product. Due to the
nature of the-chemicals used and the highly automat-
ed continuous-flow _ concept of the Employer's
operation, a disruption in any portion of the process
could result in a major disruption and shutdown of
all, or a large portion, of the plant.
There are approximately 2,647 employees at the
May plant, including, approximately 1,789 "wage
roll" or hourly paid employees. Among the wage roll
employees are those employees assigned to the
engineering department, including the 127 control
equipment mechanics which the Petitioner seeks to
represent. In addition to the control equipment
'mechanics, the engineering-department, also includes
236 general . mechanics, 14 machinists, 30 metal
workers, 12 carpenters,, 12 painters, and several
power area employees. The control equipment
mechanics, along with the- general mechanics; ma-
chinists, and metal workers, are the only employees
who can progress. to the highest pay
classification---Group 6. All employees, regardless of
job classification or grade, receive essentially the
same benefits._, Seniority is - computed both on a
plantwide basis (for purposes- of layoffs) and, a
section basis (for purposes of shift selection within
sections).
The control equipment mechanics are responsible
for the repair and maintenance of all electrical,
electronic, pneumatic, and hydraulic controls, gaug-
es, and equipment used in the production of nylon
and orlon.2 Their primary function is to insure that
all such, equipment is maintained in such a manner
that the possibility of a malfunction and,its resultant
disruption of the continuous production process is
reduced or eliminated. ' -
The control equipment mechanics, carry out, their
functions through- periodic, prescheduled preventive
maintenance, and "trouble shooting" at the request
of, a production supervisor or operator.-In performing
preventive maintenance, the control equipment
mechanics are called on to disassemble, clean, check,
calibrate, and reassemble -electronic, hydraulic, or
performed the, same work solely on electrical instruments). With the
addition of the nylon process, the two jobs were merged into the single
"control equipment mechanic" job category, and control - equipment
mechanics are now required to perform ` work on, all -instruments and
equipment , whether electrical , hydraulic, or pneumatic.
1116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pneumatic equipment to insure that the equipment is
performing in accordance with proper temperature,
pressure, and, calibration, standards within very
specific tolerances. In the event a piece of equipment
malfunctions, a control equipment mechanic is called
to diagnose the trouble and make whatever repairs
are required to get the equipment operative. In both
preventive maintenance and trouble shooting, the
control equipment, mechanics perform such tasks as
setting and checking alarms; checking generators;
setting, and checking safety shutdown devices;
changing the - voltage, on solid state equipment;
setting steam pressure; removing, adjusting, or
repairing instruments; adjusting -the speed on gener-
ating equipment; checking the accuracy of weight
scales; installing and removing large, motors;, install-
ing and removing gauges;, and installing, calibrating,
and repairing- various electrical, penumatic, and
hydraulic, controls. In addition,, control equipment
mechanics are responsible ,for insuring that all
electrical, pneumatic, and hydraulic devices on newly
installed equipment are ; properly calibrated and
functioning- before the equipment is turned-over to
the production operator.
The, present complement of 127 control equipment
mechanics includes 28 trainees who transferred to
the control equipment mechanic job category from
various production or, engineering jobs. None were
newly hired. The remaining control equipment
mechanics.were previously classified as either electri-
cians or instrument men prior to the merger of job
functions, in 1968. To qualify for a control equipment
mechanic job, applicants,are required to take a test
which is given to all applicants for engineering
department jobs.
With respect to training, those control equipment
mechanics who were previously electricians have
received , cross-training in -basic instrumentation,
while those formerly classified as instrument men
have been cross-trained in basic electricity. For all
new, control equipment mechanic trainees, including
28 present trainees, the Employer has instituted a 3-
year training -program consisting of approximately
620 hours of classroom instruction plus on-the-job
training. The, trainees, enter the program at a 1-T
classification, which is equivalent to a Group, 3
employee.. The trainees advance in grade after the
completion - of 13-week segments of the training
program, provided they demonstrate a certain- level
of proficiency.-The classroom phase of the training
program includes, instruction in various areas de-
3 Classroom instruction is given in electrical safety, hand and power
,tools, basic electricity , automatic controls, valves , resistors, series and
parallel. circuits, motor-generator overhaul, transformers, basic .principles of
temperature and heat, principles of flow measurement , basic electronic test
instruments , and numerous other topics.
signed to acquaint the trainee with basic principles of
electricity and instrumentation.3 The,program is not
,specifically, designed to, teach,skills' which may be
utilized outside the plant, such as residential or
commercial wiring, although much of the training
can be utilized outside the plant.
The plant is.operated around the clock-by, a regular
daytime work force and four rotating shifts.4 During
the day, between 7 and 10 control equipment
mechanics are assigned to each of the area shops
within various production areas throughout the
plant. These shops are under the supervision of an
area control 'equipment supervisor. Each day the
control equipment mechanics report to the 'shops to
which they are assigned, where they meet with their
supervisor and receive assignments to perform, work
within their designated'producti`Qn area. The' work
performed by control equipment mechanics, during
the day consists primarily of preventive maintenance.
After' receiving, a specific assignment from the area
supervisor,, the control equipment mechanic " reports
to the equipment ` to be worked on, and with the
assistance of the production operator, Ia ' general
mechanic, and occasionally 'others, when needed,
performs the necessary maintenance. There was
some testimony indicating that during the, perform-
ance of preventive, maintenance, tasks of control
equipment, mechanics are often performed by others.
However, it is clear from the record as a whole that
the control equipment mechanics perform, those tasks
requiring special knowledge of electricity and instru-
mentation,- whereas the ' tasks performed by others
are limited to . , the t more routine operations, Upon
completion of the preventive maintenance, the
control equipment ;mechanic returns to the area shop
for further assignment by the area control, equipment
supervisor.
In the event of a malfunction, the-production
operator, alone or, together with his., production
supervisor, attempts to diagnose, the problem as
either mechanical, -electrical, pneumatic, or hydrau-
lic. If the problem is, purely mechanical,,a general
mechanic is called. If the problem involves an
electrical, pneumatic; or hydraulic malfunction, a
control equipment mechanic is,, called. In the event
the I control equipment mechanic cannot correct- the
trouble,- the -production ° supervisor ^ may- summon a
control equipment, specialistsor an,engineer,5 or may
ultimately decide to call-in an outside contractor to
make the repairs.
-During the night shifts there are only two control
4 The daytime force works from 8 a .m.no 4:30 p.m. The first shift works
from 8 a.m. to 4 p.m., the second shift from 4 p.m. to midnight , and the
third shift from midnight to 8 am. The fourth shift is off.
., 5 The parties agreed, to, exclude control equipment .specialists and
engineers from the unit. -
DU PONT (MAY PLANT) 1117
equipment mechanics assigned to the entire orlon
area, and two to the entire nylon area. These control
equipment mechanics perform little or no preventive
maintenannce, but rather are engaged almost entirely
in troubleshooting. There are no control equipment
mechanic supervisors present at the plant during
these shifts. As with the day control equipment
mechanics, the shift mechanics are called to the
location of a n electrical, hydraulic, or pneumatic
malfunction where the problem is explained by the
production supervisor or operator. The equipment is
then repaired by the control equipment mechanic,
with any needed assistance.
There are several other control equipment mechan-
ics assigned to special project crews under the
supervision of a project control equipment supervisor
or an_ engineer. The project crews are primarily
concerned with the installation of new equipment in
the plant, and with minor construction work inciden-
tal, to the installation of new equipment. While the
project crews may consist of other craftsmen, as well
as. control equipment mechanics, it appears that
while working as part of a project crew the control
equipment mechanics perform the majority of, and
certainly the more difficult, electrical, hydraulic, and
peeumatic work, while the others operate withi i their
own spheres of competence.
In' contending that the employees sought constitute
an appropriate craft or departmental unit, the
Petitioner reties heavily on a 1966 Board decision in
a previous case involving the same plant as the one
herein." In that case, the Board found electricians to
be craftsmen, and also indicated that a craft unit of
instrument men would be appropriate.? These same
employees have now been merged into the present
control equipment mechanic classification.
In, ,the present case, as in the earlier one, the
Employer contends that the highly integrated pro-
duction process and the close coordination between
control equipment mechanics and production opera-
tors precludes the establishment of a craft unit. In
addition, the Employer urges that the control
equipment mechanics are "specialists" rather than
craftsmen.
6 E. I. DuPont de Nemours and Company (May Plant), 162 NLRB 413.
7 Although the Board directed an election in a unit of electricians, no
bargaining history resulted.
8 Cf. Monsanto Company, 172 NLRB No. 159, which is distinguishable of
its facts. See E. I. DuPont de Nemours and Company (Florence Plant), 192
NLRB No. 164, issued this day.
9 In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
,parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them. Excelsior
In light of the extensive record in, this case, we are
unable to conclude that the Employer's present
operation at the May Plant is sufficiently different
from the facts set out in the 1966 DuPont case to
warrant denial of separate craft representations
While the Employer has added a new process and
additional equipment to the plant, and has merged
two previous job categories into a single job, in all
other significant respects the Employer's operation
appears to be unchanged. Having concluded in 1966
that the electricians and the instrument men at the
May plant each possessed the attributes of craft
status, we now find that in the present case a unit
consisting of employees performing the combined
tasks of both those crafts is equally entitled to
representation on a craft basis, notwithstanding the
integrated nature of the production process.
In reaching the above conclusion, we view as
significant the fact that their training program by its
nature and length is designed to equip them with a
variety of skills not required of specialists; the vast
majority of control equipment mechanics work out
of area shops under the assignment and control ' of
control equipment supervisors; and while,the control
equipment mechanics spent a majority of their time
working in specific production areas, their, work
requires them to possess and exercise the skills of
both electrician and instrument man. Moreover, the
above findings are consistent with our decision in E.
I. DuPont de Nemours and Company (Florence Plant),
supra, in which we found appropriate a craft unit of
control mechanics whose function, training, and
skills are virtually identical to those possessed by the
employees sought in the present case.
Accordingly, we find, on the basis of the entire
record, that the following employees constitute a unit
appropriate for the purpose of collective bargaining
within the meaning of Section 9(b) of the Act:
All control equipment mechanics employed at the
Employer's May Plant, Camden, South Carolina,
excluding all control equipment specialists, engi-
neering assistants, office clerical employees,
guards, and supervisors as defined in the Act.
[Direction of Election9 omitted from publication.]
Underwear Inc., 156 NLRB 1236; N.LR.B. v. Wyman-Gordon Co., 394 U.S.
759. Accordingly, it is hereby directed that an election eligibility list,
containing the names and addresses of all the eligible voters, must be filed
by the Employer with the Regional Director of Region I I within 7 days of
the date of this Decision and Direction of Election. The Regional Director
shall make the list available to all parties to the election . No extension of
time to file this list' shall be granted by the Regional Director except in
extraordinary circumstances. Failure to comply with this requirement shall
be grounds for setting aside the election whenever proper objections are
filed.