Fafnir Bearing Co.

National Labor Relations Board - Board Decisions

Feb 2, 1943

47 N.L.R.B. 278 (N.L.R.B. 1943)

In the Matter Of FAFNIR BEARING Co. and UNITED AUTOMOBILE, AIR-
CRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL.
133, C. I. O.
Case No. R-4725.-Decided February 2,1943
Jurisdiction : ball bearings manufacturing industry.
Investigation and Certification of Representatives : existence of question • re-
fusal to recognize either union until certified by the Board ; election necessary.
Units Appropriate for Collective Bargaining : single or separate units held de-
pendent upon elections to be conducted among (1) all production and mainte-
nance employees with specified exclusions, and (2) tool makers, die makers,
machinists, machinists' helpers, apprentices and all other employees in the
tool room, with specified inclusions and exclusions.
Mr. Walter M. Maguire, of Stamford, Conn., for the Company.
Mr. David R. Lessler, of Bridgeport, Conn., for the UAW-CIO.
111r. Harold Strauch, of Hartford, Conn., for the Machinists.
Mr. Leon, Novak, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by United Automobile, Aircraft and Agri-
cultural Implement Workers of America, Local 133, C. I. 0., herein
called the UAW-CIO, alleging that a question affecting, commerce
had arisen concerning the representation of employees of Fafnir
Bearing Co., New Britain, Connecticut, herein called, the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Thomas H. Ramsey, Trial Examiner. Said
hearing was held at New Britain, Connecticut, on January 4, 1943.
The Company, the UAW-CIO, and International Association of Ma-
chinists, Lodge 1249, A. F. L., herein called the Machinists, appeared,
participated, and were' afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. - Thereafter, the
Company and the UAW-CIO, filed briefs, which the Board has
considered.
47 N. L R. B, No 27
278
'FAFNi R BEARING CO. 279
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Fafnir Bearing Co., is a Connecticut corporation with its principal
office and place of business in New Britain, Connecticut, where it
operates 3 plants, all of which are involved in this proceeding. The
Company employs approximately 6,500 employees. It is, engaged in
the manufacture of ball bearings for which it purchases, annually, raw
materials, consisting of steel alloys, valued in excess of $500,000.
Substantially'all of its purchases come to it'from States other than
Connecticut. The Company has annual gross sales valued in excess
of $1,000,000, approximately 70 percent of which is shipped by it to
States other than Connecticut. The Company admits that it is en-
gaged in commerce within the meaning of the National Labor Relations
Act.
H. THE ORGANIZATIONS INVOLVED
United Automobile, Aircraft and Agricultural Implement Workers
of America, Local 133, is a labor organization affiliated with the Con-
gress of Industrial Organizations, admitting to membership employ-
ees of the Company.
International Association of Machinists, Lodge 1249, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The UAW-CIO requested the Company to recognize it as the bar-
gaining agent for the Company's production employees, excluding
supervisory employees, foremen and assistaiit foremen, office and cleri-
cal and confidential employees. At the hearing the Machinists re-
quested recognition as the bargaining agent for a craft unit proposed
by it as appropriate. The Company took the position that it would
not recognize either union until certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the UA«W-CIO and the Machinists each
represents a substantial number of employees in the unit alleged by
each to be appropriate.'
'The Regional Director reported that the UAW-CIO submitted 2.783 authorization
cards bearing apparently genuine signatures , that a spot-check indicated that 1,948 of said
signatures were the names of persons appearing on the Company's pay roll of November 21,
1942, which contained approximately 5,518 name He further reported that the Machin-
ists submitted 110 authorization cards beating apparently genuine signatures of which 96
were the signatures of persons appearing on the Company's pay roll of November. 21, 1942,
and 86 of which bore the names of pei sons whose names appeared on the pay roll in the
unit alleged by the Machinists to be appropriate The unit sought by the UAW-CIO con-
tained approximately 5,378 persons; that sought by the Machinists contained 140 persons
280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions affecting commerce have arisen concerning
the representation-of employees of the Company within the meaning
of Section 9 (c) and'Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DEIERNIINATION OF REPRESENTATIVES
The Company and the UAW-CIO stipulated that an appropriate
unit consists of production and maintenance employees of the Com-
pany 'excluding superintendents, foremen and assistant foremen,
supervisors, office and, clerical employees (including office executives),
engineers, office workers, and shop clerks, timekeepers and production
clerks, draftsmen, shop engineers and shop technicians, plant protec-
tion employees, nurses and first-aid employees and firemen. They
disagreed, however, as to the inclusion or exclusion of set-up employees
and instructors.
Set-up employees. The Company contends that these employees
have supervisory authority and should be .excluded from the appro-
priate unit. The UAW-CIO would include them. Set-up men are
engaged in setting up machinery for new operators and assist such
operators in the handling of the 'machinery for a short period there-
after. When not rendering such assistance, the set-up men are them-
selves engaged,in the operation of production machines. While some
of the set-up men wear red badges designating them as supervisory
employees of ,the Company, it is apparent that the Company, by its
failure to give any of its set -up inen definite instructions as to their
supervisory authority, does not regard these men as representatives
of management. Set-up nien do not have the authority to hire or
discharge. It does not appear that,employees of the Company look
upon set-up men as "bosses ." Set-up men are hourly rated employees
and are not entitled to vacations with pay while assistant foremen,
who are clearly vested with supervisory authority, are weekly rated
employees who are entitled to vacations with pay. The earnings of
set-up men are at times lower thtin that of operators . We find that
the work of set-up men is comparable to that of ordinary production
employees and that they should be included in the appropriate unit.
Instructors. There are four instructors who instruct production
,workers in the handling of certain types of machines. When not so
engaged they take the place of foremen or assistant foremen who may
be absent. In such event the instructors have full supervisory author-
ity. They do not perform the functions of ordinary production em-
ployees. We shall exclude the instructors as representatives of
management.
The Company, the UAW-CIO, and the Machinists stipulated'at the
hearing that a separate election be conducted among tool makers, die
makers, machinists, machinists' helpers, apprentices and all other em-
FAF\TIR BEARING CO. 281
ployces in the tool room, including tool hardeners, crib men, stamp
cutters, errand boy, inspectors, sweepers, grinders, and spindle men,
but excluding superintendents, foremen, and assistant foremen, super-
visors, office and clerical employees, engineers, office workers and shop
clerks, timekeepers and production clerks, draftsmen, shop engineers
and shop technicians, plant protection employees, nurses and first-aid
employees and firemen.
In general, the employees sought by the Machinists comprise a dis-
tinct and identifiable group. There is no history of collective bar-
gaining on behalf of these employees by either of the two labor organi
zations. The Machinists has substantial representation in this group,
while the UAW-CIO has substantial representation among the re-
mainder' of the employees of the Company within a unit which it
contends is appropriate. We are of the opinion that the unit requested
by the Machinists and agreed upon by the parties, could function
either as a separate group or as a part Qf a larger unit.
Under the circumstances we shall make no final determination of a
unit at this time, but shall direct that the question concerning repre-
sentation which has arisen be resolved by separate elections by secret
ballot among the employees in the iinits sought by the Machinists and
by the UAW-CIO, who were employed during the pay-roll period
immediately preceding the date of our Direction of Elections, subject
to the limitations and additions set forth therein. • Upon the results of
these elections will depend in part our determination of the appro-
priate unit or units. If a majority of the tool room employees and
machinists select the Machinists as their representative, they will con-
stitute a separate unit; if a majority in both voting groups choose the
UAW-CIO, the groups will together constitute a single unit.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of-the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2; as amended, it is hereby
DIIIECrl:n that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Fafnir Bearing
Co., New Britain, Connecticut, separate elections by secret ballot shall
be conducted as early as,possible, but not later than thirty (30) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the First Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 10, of said Rules and Regulations, among. the following
groups of employees of the Company, who were employed during the
pay-roll period immediately preceding the date of this Direction, in-
282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
eluding employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing employees in the armed forces of, the United States who present
themselves in person at the polls, but excluding any who have since
quit or been discharged for cause :
1. All tool makers, die makers, machinists, machinists' helpers, ap-
prentices and all other employees in the tool room, tool hardeners, crib
men, stamp cutters, errand boy, inspectors, sweepers, grinders, and
spindle men but excluding superintendents, foremen and assistant fore-
men, supervisors, office and clerical employees, office executives,
engineers, office workers and-shop clerks, timekeepers and production
clerks; draftsmen-, shop engineers and shop technicians, plant protec-
tion employees, nurses and first-aid employees, and firemen, to deter-
mine whether they desire to be represented by International Union,
United Automobile. Aircraft and Agricultural Implement Workers
of America, Local 133, C. I., 0., or by International Association 'of
Machinists, Lodge 1249, A. F. L., for the purposes of collective bargain-
ing, or by neither.
2. Among all production and maintenance employees, including
set-up men, but excluding superintendents, foremen and assistant-fore-
men, supervisors, instructors, office and clerical employees, office execu-
tives, engineers, office workers and shop clerks, timekeepers and
production clerks, 'draftsmen, shop engineers and shop technicians,
plant protection employees, nurses and first-aid employees, firemen,
and all employees included in Group 1 above, to determine whether or
not they desire to be represented by International Union, United
Automobile, Aircraft and Agricultural Implement Workers of
America, Local 133, C. I. 0., for the purposes of-collective bargaining.