The Zia Co.

National Labor Relations Board - Board Decisions

May 2, 1951

94 N.L.R.B. 214 (N.L.R.B. 1951)

214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vised by the chief inspector are included in the existing production
and maintenance unit. The chief inspector does not represent the
Employer in contract negotiations with the Petitioner, and informa-
tion on his reports on grievances is already known to the shop steward
when the report is made. He also prepares reports of a confidential
nature for the Employer in connection with defense contracts. As
the chief inspector does not formulate or effectuate the Employer's
general labor relations policies, we find these clerks are not confi-
dential employees,11 and, as their interests are allied with the plant
clerks, we shall permit them to vote in the election directed below.
Accordingly, we shall direct an election in the following voting
group :
All factory clerks at the Employer's plant at Dansville, New York,
including shop clerks, stockroom clerks, and the two clerks in the
chief inspector's office, but excluding guards, professional employees,
the chief stockroom clerk, the chief inventory clerk, and all other
supervisors as defined in the Act, and all other employees.12
If a majority of these employees vote for the Petitioner they will
be taken to have indicated their desire to be included in the produc-
tion and maintenance unit currently represented by the Petitioner.
[Text of Direction of Election omitted from publication in this
volume.]
11 Amplex Manufacturing Company, 85 NLRB 523.
12 The Employer contended at the hearing that the Petitioner ' s showing of interest is
inadequate . The adequacy of a showing of interest is a matter for administrative deter-
mination , not litigable by the parties . See Elastic Stop Nut Corporation of America, 87
NLRB 1532 . 'In the instant case, the Board is administratively satisfied that the Petitioner
has made a sufficient showing of interest.
THE ZIA COMPANY, PETITIONER and INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS, LOCAL UNION 611 AND INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL No. 9 AND LOCAL No. 9A.
Case No. 33-RM-11. May V,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 Joseph A. Jenkins,
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 [Members Houston, Reynolds, and Styles].
94 NLRB No. 50.
THE ZIA COMPANY 215
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning
of the Act.
2. International Brotherhood of Electrical Workers, Local Union
611, hereinafter called Electricians, and International Union of
Operating Engineers, Local No. 9 and Local No. 9A, hereinafter
called Engineers, are labor organizations and claim to represent em-
ployees of the Employer.
3. On December 15, 1950, the Employer filed the petition herein
seeking an election in a unit consisting of all operating and mainte-
nance employees at its prospective new plant, herein called the T-3
plant, at Los Alamos, New Mexico, and alleging that Engineers and
Electricians have presented a claim to be recognized as the repre-
sentative of the foregoing employees. The Employer amended its
petition at the hearing to include only the operating employees of its
T-3 plant.' At the time of the hearing, the T-3 plant had not yet
commenced operations; however, the Employer expected to commence
operations within 2 months, and the employees expected to be em-
ployed at this plant had already been hired, and were in the process
of training at the T-3 plant in preparation for the actual commence-
ment of operations.
Engineers contends that its current contract, which was executed
on January 1, 1951, to remain in effect until December 31, 1951, and
which contains an automatic renewal clause, covers the employees
at the T-3 plant, excluding switchboard operators, and is a bar to
the petition. As the petition was filed before Engineers' contract
was executed, that contract cannot operate as a bar.2
Accordingly, we find that a question affecting commerce exists
concerning the representation of employees of the Employer within
the meaning of Section 9 (c) (1) (B) and Section 2 (6) and (7)
of the Act.
4. The appropriate unit :
The Employer performs certain maintenance and operating func-
tions under contract with the Atomic Energy Commission for the
city of Los Alamos, New Mexico, and for the Los Alamos Scientific
Laboratory. These functions performed by the Employer include
the management of certain Government-owned property; the opera-
tion and maintenance of public utilities; the maintenance of roads
and parks; the storage and maintenance of official vehicles; the main-
1 Plumbers and Steam Fitters, Local No. 412, which was permitted conditionally to in-
tervene at the hearing , withdrew from the proceedings after the petition was amended
2 Electricians does not urge its current contract , executed June 19, 1950, to remain in
effect until January 1, 1952, as a bar to the petition, and Electricians agrees to an election
in the unit sought by the Employer.
216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tenance of housing facilities; and the procurement, storage, and
issuance of official supplies and materials. The T-3 plant will pro-
duce electric power from steam, and will supply heat as a byproduct.
The Employer operates three other plants where electric power is
produced by use of Diesel engines.
The operating employees in the unit set forth in the amended peti-
tion include turbine operators, switchboard operators, boiler operators,
and pump operators. The turbine operators operate the turbine elec-
tric generators and auxiliary equipment, watch bearing oil pressures,
temperatures, and steam pressures, enter hourly readings in log sheets,
and make frequent inspections of plant equipment. The switchboard
operators synchronize generators, watch voltage regulators, open and
close switches in proper sequence, and watch switchboards and circuits
in order to maintain the flow of current in the system at all times.
The boiler operators start and shut down boilers and auxiliary equip-
ment in proper sequence, maintain watch over water levels, steam
pressures, temperatures, and automatic central equipment, make fre-
quent inspections of all equipment in the vicinity of the boilers, and
enter hourly readings on log sheets. The pump operators start and
shut down condensers, air ejectors, and other water-treating equip-
ment, open and close valves in proper sequence, make frequent inspec-
tions of this equipment, and enter hourly readings on log sheets.
Electricians has no objection to the unit proposed in the amended
petition .3 Engineers, however, contends in effect that the only appro-
priate unit is one consisting of all the Employer's employees alleged
covered by Engineers' existing contract, including the pump operators,
turbine operators, and boiler operators in the T-3 plant, but excluding
the switchboard operators. '
Engineers' 1951 contract covers the following employees of the
Employer : Operators of all shovel type equipment-tractors, graders,
batching plants, sewage disposal plants, heating plants, compressors
and light plants, pumps and pump stations, blacksmiths, body and
fender repairmen, winch trucks, hoists, all mechanics and repairmen,
lathe and shop work for lifts with certain exclusions, parts-men, fire-
men, oilers, greasers, mechanic and welder helpers, boiler operators
and inspectors, parts-men helpers and equipment painters, all em-
ployees coming within the recognized hoisting and portable jurisdic-
tion, and all employees coming within the recognized jurisdiction of
stationary engineers.
'The record indicates that Electricians currently represents the employees who operate
the Employer's Diesel power plants referred to above . However Electricians does not
desire to add to these employees the employees in the T -3 plant whom it seeks to represent
as a separate unit.
CADILLAC MOTOR CAR DIVISION 217
The unit sought by the Employer comprises all the production
employees in the T-3 plant. There is no evidence in the record as to
the degree of integration between the operations of this plant and the
other plants of the Employer, nor is there any history of bargaining
for the employees here sought. Engineers desires, in effect, to add the
turbine operators, boiler operators, and pump operators in the T-3
plant to its existing contract unit. However, as the resulting unit
would comprise merely an arbitrary segment of the Employer's pro-
duction and maintenance employees, we find it would not be appro-
priate for bargaining purposes.
Under these circumstances, we find that the unit of operating em-
ployees sought by the Petitioner at its T-3 plant, Los Alamos, New
Mexico, including boiler operators, turbine operators, pump operators,
and switchboard operators, but excluding power test engineers, clerks,
guards, the foreman, assistant plant superintendent, plant superin-
tendent, and all other supervisors,4 is appropriate for collective bar-
gaining purposes within the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
4 As the shift operators, usually switchboard or turbine operators, do not possess any
supervisory powers, we shall include them in the unit in accordance with the agreement
of the parties.
CADILLAC MOTOR CAR DIVISION, CLEVELAND TANK PLANT, GENERAL
MOTORS CORPORATION and INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCALS Nos. 589, 589-A, 589-B (AFL)
CADILLAC MOTOR CAR DIVISION, CLEVELAND TANK PLANT, GENERAL
MOTORS CORPORATION and INTERNATIONAL BROTHERHOOD OF ELEC-
TRICAL WORKERS, LOCAL No. 38 (AFL)
CADILLAC MOTOR CAR DIVISION, CLEVELAND TANK PLANT, GENERAL
MOTORS CORPORATION aryl d INTERNATIONAL UNION, UNITED AUTO-
MOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA,
CIO
CADILLAC MOTOR CAR DIVISION , CLEVELAND TANK PLANT , GENERAL
MOTORS CORPORATION and PATTERN MAKERS' LEAGUE OF NORTH
AMERICA, CLEVELAND ASSOCIATION , AFL . Cases Nos. 8-RC-1150,
8-RC-1151, 8-RC-1155, and 8-RC-1175. May 2,1951
Decision and Direction of Elections
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act a consolidated hearing was held before Charles A.
94 NLRB No. 41.