Air Conditioning and Refrigerating Association of North Florida

National Labor Relations Board - Board Decisions

Apr 28, 1952

98 N.L.R.B. 1310 (N.L.R.B. 1952)

1310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
AIR CONDITIONING AND REFRIGERATING i ASSOCIATION OF NORTH
FLORIDA, PETITIONER and LOCAL UNION No. 770, UNITED ASSOCIATION
OF JomNEYMMN AND APPRENTICES OF THE PLUMBING AND PIPE
FITTING INDUSTRY, AFL and LOCAL UNION No. 435, SHEET METAL
WORKERS INTERNATIONAL ASSOCIATION, AFL
AIR CONDITIONING AND REFRIGERATING ASSOCIATION OF NORTH
FLORIDA and LOCAL UNION No. 770, UNITED ASSOCIATION OF JOUR-
NEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING
INDUSTRY, AFL, PETITIONER. Cases Nos. 10-RM-80 and 10-RC-
1577. April 28,1852
Decision and Direction of Election
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
Jerold B. Sindler, "hearing officer. At the hearing the Employer
moved to dismiss the petition in Case No. 10-RC-1577 upon various
grounds. For reasons discussed in paragraph numbered 4, infra, the
motion is hereby denied. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
"Houston and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act 2
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
? The Association , which represents its members in collective bargaining , is the Employer
for purposes of this proceeding . See Indianapolis Cleaners and Launderers Club, 87 NLRB
472. The Employer 's name appears as amended at the hearing.
9 Members of the Employer are Florida Weathermakers , Inc. ; Conditionaire , Inc. ; Florida
Ice Machine Corporation ; Merrill -York, Division of Merrill -Stevens Dry Dock and Repair
Company ; McMillan and Mahoney , Inc. An officer of each of the members appeared at the
hearing and presented commerce facts and other evidence . Upon the entire record, and
without determining whether or not the Board would assert jurisdiction as to each member
were it before the Board individually , we find for purposes of this proceeding that the
members , through their participation in the association group, are jointly engaged in
commerce within the meaning of the Act. See Atr Conditioning Company of Southern
California, 81 NLRB 1396.
98 NLRB No. 204.
AIR CONDITIONING AND REFRIGERATING ASSN. OF N. FLORIDA 1311
4. Local Union No. 770, United Association of Journeymen and
Apprentices of the Plumbing and Pipe Fitting Industry, AFL, here-
inafter referred to as the Petitioner, seeks a unit of all journeymen
refrigeration, air-conditioning, and heating mechanics, their ap-
prentices, and helpers employed by all members of the Employer.
The Petitioner would exclude sheet metal workers from the unit.
The Employer urges as the only appropriate unit all employees em-
ployed by all its members in manufacturing, installing, repairing,
and/or servicing refrigerating, air-conditioning, and heating equip-
ment, including sheet metal workers. Local Union No. 435, Sheet
Metal Workers International Association, AFL, Hereinafter referred
to as the Intervenor, appeared specially to urge that sheet metal
workers and their apprentices be excluded from any unit found
appropriate.3
The Petitioner and the Intervenor base their unit contentions on the
alleged craft status of the employees who make up their proposed units.
The unit sought by the Employer, although likewise urged as a craft
unit, is basically a production unit which, the Employer asserts, should
not be broken down into various craft groups because of the integrated
nature of the work performed by the employees. In support of its
position, the Employer contends that the air-conditioning industry, as
an entirely new industry, has developed from workmen in the tradi-
tional crafts of sheet metal work, plumbers, pipefitters, and electri-
cians, an entirely new craft group known as the "air-conditioning
mechanic."' It asserts that air-conditioning mechanics must possess
skills of each of the various crafts mentioned as well as knowledge and
skills peculiar to the air-conditioning industry, and although the air-
conditioning mechanics continue to use those other basic craft skills,
they are no longer identified as such craftsmen.
We do not find, on the record before us, that the air-conditioning
installation, and servicing industry is so integrated, as urged by the
Employer, as to prevent representation of craftsmen in separate ap-
propriate units .4 We therefore find no merit to the Employer's con-
tention that sheet metal workers must necessarily be included in an
over-all bargaining unit. As noted above, sheet metal workers, who
are employed by only two members of the Employer Association, are
currently represented on a craft basis by the Intervenor. The record
8 Sheet metal workers are employed by two members of the Employer . The Intervenor
represents them through contracts with an employer association not a party to this
proceeding None of the parties urges these contracts as a bar to this proceeding.
4 See Ford Motor Co., Aircraft Engine Division , 96 NLRB 1075; Mathieson Chemical
Corp., 96 NLRB 1060; Cadillac Motor Gail Division, 94 NLRB 217.
1312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shows that the work performed by these employees, although per-
formed in connection with the installation of air-conditioning equip-
ment, is traditional sheet metal work. The fact that they perform their
craft skills for production purposes does not detract from their dis-
tinctiveness as a craft group which we find they are.' In view of the
fact that the sheet metal workers, their apprentices, and helpers are
currently represented by the Intervenor on a separate craft basis, we
find that they should properly be excluded from any unit found appro-
priate herein 6
Upon disposition of the sheet metal workers issue, an examination
of the record, including testimony covering the job classifications and
duties of all employees of members of the Employer, discloses that the
area of difference between the unit sought by the Petitioner and that
urged by the Employer is relatively narrow.7 The unit urged by the
Employer, including those employees in the disputed categories, in
effect constitutes a production unit, which we find is appropriate within
the meaning of Section 9 (b) of the Act. Consequently we find it un-
necessary to pass upon the craft status of the air-conditioning and
refrigeration mechanics 8 We shall, therefore, direct an election in the
following appropriate unit:9
All employees employed by all members of the Employer 10 engaged
in manufacturing, installing, repairing, and/or servicing refrigerat-
ing, air-conditioning, and heating equipment, in and around northern
Florida, excluding sheet metal workers and their apprentices and
helpers , warehouse, employees employed by Florida Ice Machine Corp.,
office clerical employees, professional employees, guards, janitors, and
all supervisors 11 as defined in the Act.
[Text of Direction of .Election omitted from publication in this
volume.]
6 See Armstrong Cork Company (Lancaster Floor and Closure Plants ), 97 NLRB 1057.
,° See Kohlenberger Engineering Corporation , 71 NLRB 818.
7 Except for the existence of a dispute with respect to the inclusion of a truck driver,
a carpenter , two stockmen, and three helpers, all of whom the Petitioner would exclude
from its proposed unit, the parties agree to the exclusion from either proposed unit of the
usually excluded categories.
s Cf. Pointer Willamette Company, Inc, 93 NLRB 673.
If the Petitioner does not desire to participate in such an election at this time, we
shall permit it to withdraw its petition, without prejudice, upon notice to the Regional
Director within 10 days after issuance of the Decision and Direction of Election herein.
Emhart Manufacturing Company, 96 NLRB 375.
10 See footnote 2, supra. -
11 We find that the leaderman working at Merrill -York Division of Merrill -Stevens Dry
Dock & Repair Company is a supervisor as he has the authority effectively to recommend
the hiring, discharge , discipline , and change of employment status of mechanics and helpers
and, under the ultimate supervision of the engineer , he responsibly directs the work of
the mechanics and helpers.