Parke Davis & Co.

National Labor Relations Board - Board Decisions

Oct 24, 1968

173 N.L.R.B. 313 (N.L.R.B. 1968)

PARKE DAVIS & CO.
Parke Davis & Company and Oil, Chemical and
Atomic Workers International Union , AFL-CIO,
Petitioner , and Local 547 , International Union of
Operating Engineers , AFL-CIO, Intervenor.' Case
7-RC-8860
October 24, 1968
DECISION ON REVIEW
By CHAIRMAN MCCULLOCH AND MEMBERS
FANNING, JENKINS, AND ZAGORIA
On May 31, 1968, the Acting Regional Director for
Region 7 issued a Decision and Direction of Election
in the above-entitled proceeding in which he found
appropriate a unit of service employees, powerhouse
employees, and laboratory technicians, employed at
the Employer's Ann Arbor, Michigan, plant. The
Acting Regional Director rejected the Intervenor's
contention that a separate unit of powerhouse em-
ployees was also appropriate.
Thereafter, in accordance with Section 102.67 of
the National Labor Relations Board Rules and Regu-
lations, Series 8, as amended, the Intervenor filed a
timely request for review, contending that the Acting
Regional Director erred in failing to find appropriate
a separate unit of all powerhouse employees. The
Employer filed a statement in opposition. By tele-
graphic order dated July 15, 1968, the National
Labor Relations Board granted the request for review
and stayed the election.' Thereafter, the Employer
filed a brief on review.
The Board has considered the entire record in this
case with respect to the Acting Regional Director's
determination under review, and hereby fords as
follows.
The Petitioner seeks a unit of all service and
maintenance employees (including power plant engi-
neers and maintenance mechanics), and all laboratory
technicians. In the alternative, the Petitioner will
accept a unit excluding powerhouse employees.' The
Intervenor, over the objection of the Employer, seeks
a separate unit consisting of the powerhouse em-
ployees.
The Acting Regional Director, in essential agree-
ment with the Employer, found a separate unit of
t The Acting Regional Director properly treated the Intervenor as a
cross-petitioner , on the basis of a sufficient showing of interest in the
powerhouse unit it requested.
2 As no request for review has been filed with respect thereto, other
unit findings made by the Acting Regional Director are hereby adopted.
3 The Petitioner does not wish to appear on the ballot for a separate
powerhouse unit, if found appropriate.
4 Of the nine powerhouse employees , five are classified as power
173 NLRB No. 53
313
powerhouse employees to be inappropriate on the
ground that the powerhouse employees are opera-
tionally highly integrated with the other service-
maintenance employees and work in close
conjunction with them, are under the same overall
supervision, and operate under basically identical
employment conditions. Intervenor argues on review
that the powerhouse employees it seeks constitute a
separate and homogeneous functional grouping of the
type to which the Board normally accords separate
representation. We find merit in this contention.
At its Ann Arbor, Michigan, installation, the only
location involved herein, the Employer is engaged in
scientific and medical research. Most of the em-
ployees perform some type of work in the chemistry
and experimental therapeutics laboratory and the
pathology and toxicology laboratory.
The unit sought by Petitioner includes power plant
engineers, their assistants, and the power plant
maintenance mechanic 4 The powerhouse is located
in a building separate from the laboratories. There is
no history of collective bargaining at this plant.
The record shows that the five power plant
engineers have first-class high pressure steam licenses
which were acquired after 6 or 7 years of training and
qualification. Serving on different shifts, these five
power plant engineers operate the powerhouse 24
hours a day, 7 days a week. The power plant engineer
on duty is in charge of the shift and spends his entire
time in the powerhouse. He is responsible for the
operation and the maintenance of the three steam
boilers, the turbine, several refrigeration units, and
auxiliary water pumps, which are all located in the
powerhouse. His duties include observing gauges and
controls to determine the operating efficiency of the
equipment, keeping log sheets of temperatures and
fuel consumption, and analyzing boiler water and
preparing solutions to meet required standards.
Of the three assistant power plant engineers, one
has a first-class license; one has a third-class license;
and one has a boiler operator's license. They assist the
power plant engineers, when so required. They also
make regular visits to the other four buildings,
checking and performing maintenance on the heating
and ventilating equipment, cleaning and changing
filters, exchanging motors, replacing bearings and
bolts, changing and repairing valves, overhauling
plant engineers, three are referred to as "assistants"; and one is classified
as a maintenance mechanic . While the Intervenor originally requested a
nine-man unit , encompassing all employees assigned to the powerhouse,
its request for review claims only eight powerhouse employees and
makes no reference to the maintenance mechanic. Because of the nature
of his duties, which will be discussed more fully hereinafter , we include
the maintenance mechanic in the powerhouse unit.
314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pumps and air compressors, cleaning refrigeration
condensors and evaporators, and performing
scheduled lubrication of fans, motors, and pumps.'
The maintenance mechanic, who is assigned to the
powerhouse and who works exclusively under the
powerhouse supervisor, is primarily utilized as the
maintenance man for the power plant; he likewise fills
in for the power plant engineers.' The amount of
time spent outside the power plant by assistant
engineers and the power plant maintenance mechanic
vanes. One spends a great deal of his time in the
laboratory. Another spends practically all of his time
in the power plant. The plant engineer estimated that,
on the average, the work time of the assistant
engineers and the maintenance mechanic was about
evenly divided between work inside the powerhouse
and work in the laboratories.
The powerhouse engineer is the highest hourly paid
employee in the plant Powerhouse employees have a
separate seniority system for promotion and shift
preferences, have separate immediate supervision and
rare contact, if any, with other supervisory person-
nel.' They work different shifts and also receive shift
differential premiums-the afternoon shift receives a
5-cent hourly bonus, the midnight and the swing
shifts 71/2 cents. Power plant employees likewise
receive a different schedule of overtime pay for
Saturday and Sunday work. The company policy is to
promote assistant engineers, whenever possible, to the
status of engineers and two of the incumbent engi-
neers were so promoted. The plant engineer estimated
that, unlike other maintenance mechanics who work
in the shop and take care of the entire facility, the
assistant plant engineers and the powerhouse mainte-
nance mechanic perform essentially preventive
maintenance work outside of the power plant. No
employees other than the powerhouse employees
operate turbines or heavy machinery.'
5 The assistant power plant engineers do preventive maintenance
work and some repair work . Much of the repair work which they
perform occurs during the late shift when the general maintenance
personnel are not working. However, when repairs are made during the
regular shift , maintenance employees not assigned to the powerhouse
frequently assist. When highly intricate mechanical problems develop, a
mechanical specialist employed by the Employer or an outside
contractor is called in to make the repair.
6 Because all of his experience has been in the British merchant
marine and the Canadian navy , he has not been accepted for a Detroit
first class license, but in the opinion of the Employer he is a highly
competent employee and does the same work as the operating engineer
in some cases.
7 General maintenance employees have different immediate super-
vision
8 Two employees classified as security service workers do some work
in the powerhouse between their regular security tours, if there is any
free time . The powerhouse supervisor normally assigns them some
minor jobs to fill in their time on these occasions However they never
perform any work in connection with the operation of machinery
These security employees were excluded by the Acting Regional
In view of the foregoing, and the entire record, we
disagree with the Acting Regional Director's conclu-
sion that the powerhouse employees may not consti-
tute a separate appropriate unit. Their work is
functionally distinct and their supervision is separate
from that of other employees. They are licensed in
their skills and have a separate line of seniority and
job progression. They share separate locker facilities
and work shifts, and receive a different pay scale. The
power plant engineers work exclusively in a separate
powerhouse building. The maintenance functions
which the assistant power plant engineers and the
powerhouse maintenance mechanic perform outside
the power plant is essentially preventive maintenance
or repair work related to the powerhouse equipment
located either in the power plant or throughout the
laboratories which it serves. In these circumstances
and since there is no history of collective bargaining
in a broader unit, we find contrary to the Acting
Regional Director that powerhouse employees may, if
they so desire, constitute a separate appropriate unit
for collective bargaining.'
In view of our determination that the powerhouse
employees may constitute a separate unit if they so
desire, and as the broader unit including the power-
house employees is also appropriate for purposes of
collective bargaining, we shall make no final unit
determination at this time, but shall direct separate
elections among the following employees of the
Employer:' 0
Voting Group (A) All full-time and regular
part-time general service employees, including re-
ceiving dock employees, glass washing employees,
animal care employees, special service employees,
and storekeepers; all service maintenance em-
ployees including general maintenance mechanics,
and all laboratory technicians, including senior
Director for the reason that they are guards as defined by the Act.
9 Georgia-Pacific Corporation , 156 NLRB 946 , 948, Mesta Machine
Company, 167 NLRB No. 10, International Paper Company , 171 NLRB
No. 89
10 Employees in Voting Group (A) shall vote whether they desire to
be represented for collective bargaining by Oil, Chemical and Atomic
Workers International Union , AFL-CIO, or by no union . Employees in
Voting Group ( B) shall vote whether they desire to be represented by
Local 547, International Union of Operating Engineers , AFL-CIO, or
by Oil , Chemical and Atomic Workers International Union, AFL-CIO;
or by no union . We are not unmindful that Petitioner stated on the
record that it did not wish to appear on the ballot for a separate
powerhouse unit , if such unit were found to be appropriate . But, since
we are not now finally determining the appropriateness of such a unit
(the final determination will be made on the basis of the vote of the
employees in Voting Group ( B)), and since the powerhouse employees,
among others , were sought by Petitioner and have the right to vote and
be represented by it in the comprehensive unit, we are placing both
Petitioner and Intervenor on the ballot in Voting Group (A). See
General Electric Company, 122 NLRB 165.
PARKE DAVIS & CO.
laboratory technicians, employed at the Em-
ployer's Ann Arbor, Michigan plant, but excluding
power plant engineers, assistant power plant engi-
neers, and the power plant maintenance mechanic,
office clerical employees, security employees, and
all guards, professional employees and supervisors
as defined in the Act; and
Voting Group (B) All employees in the power-
house, including power plant engineers, assistant
power plant engineers, and the powerhouse mainte-
nance mechanic at the Employer's Ann Arbor,
Michigan plant, but excluding all other employees,
supervisors and professional employees as defined
in the Act.
If a majority of the employees in Voting Group B
select the Intervenor, Local 547, International Union
of Operating Engineers, AFL-CIO, they will be
deemed to have indicated their desire to constitute a
separate bargaining unit, and the Regional Director
conducting the election is hereby instructed to issue a
Certificate of Representative to Local 547 for such
unit which the Board under the circumstances finds
to be appropriate for the purposes of collective bar-
gaining. If, in those circumstances, a majority of the
employees in Voting Group A elect to be represented
I I Pooled votes shall be tallied as follows Votes for Local 547 shall
be counted as valid votes , but neither for nor against Oil, Chemical and
Atomic Workers International Union , AFL-CIO. All other votes are to
be accorded their face value , whether for representation by Oil,
Chemical and Atomic Workers International Union, AFL-CIO, or for
no union
12 An amended eligibility list, containing the names and addresses of
all the eligible voters in Voting Group A, and an amended eligibility list
315
by the Oll, Chemical and Atomic Workers Inter-
national Union, AFL-CIO, then the Regional Di-
rector is instructed to issue a Certification of Repre-
sentative for such unit which under the circumstances
the Board finds to be an appropriate unit for purposes
of collective bargaining.
However, if a majority of the employees in Voting,
Group B do not vote for Local 547, such group shall
be included in the unit with the employees in Voting
Group A and their votes will be pooled with those of
Voting Group A.I I The Regional Director conducting
the elections is instructed to issue a Certificate of
Representative to the Oil, Chemical and Atomic
Workers International Union, AFL-CIO, if selected
by a majority of the employees in the pooled group,
which the Board in such circumstances finds to be
appropriate for the purposes of collective bargaining.
Accordingly, the case is hereby remanded to the
Regional Director for Region 7 for the purpose of
holding elections in the aforesaid two voting groups
pursuant to the Decision and Direction of Election,
as modified by this Decision, except that the payroll
period for determining eligibility shall be that im-
mediately preceding the date below.I 2
containing the names and addresses of all the el igible employees in
Voting Group B, must be filed with the Regional Director for Region 7
within 7 days after the date of this Decision on Review . The Regional
Director shall make the lists available to all parties to the elections No
extension of time to file each 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. Excelsior Underwear Inc , 156 NLRB 1236