Wrought Iron Range Co.

National Labor Relations Board - Board Decisions

Dec 8, 1947

75 N.L.R.B. 400 (N.L.R.B. 1947)

In the Matter Of WROUGHT IRON RANGE COMPANY, EMPLOYER and
STOVE MOUNTERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL
126, AFL, PETITIONER
Case No. 14-R-1724.-Decided December 8, 1947 -
Messrs. Cobbs, Logan, Roos c0 Armstrong by Messrs . George B.
Logan and William L. Hunker, Jr., of St. Louis, Mo., for the Employer.
Mr. H. G. B. King , of Chattanooga , .Tenn., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at St. Louis,
Missouri, on June 10, 1947, before Harry G. Carlson, hearing officer.'
The hearing officer's rulings made at the hearing are free from prejudi-
cial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Wrought Iron Range Company, a Missouri corporation, is engaged
in, the manufacture, sale, and distribution of stoves. Its principal
place of business and only plant is located in St. Louis, Missouri. The
Employer purchases raw materials valued annually in excess of $500,-
000, of which approximately 50 percent originates from sources out-
side the State of Missouri. It manufactures finished products valued
annually in excess of $500,000, of which approximately 50 percent is
shipped to points located outside the State of Missouri.
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
1 At the heaiing the Employer objected to the continuation of this pioceeding on the-
giound that the Petitioner had filed an unfair labor practice charge with the Board In-
asmuch as the Petitioner has waived the unfair labor practice charge as a basis for objecting-
to the results of an election , we find no merit in the Employer 's objection.
75 N. L. R. B., No. 50.
400
WROUGHT IRON RANGE COMPANY 401
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. 'THE APPROPRIATE UNIT
Petitioner seeks a unit comprising all employees of the Employer
in the sheet metal, enamel, assembly, and top (castings) departments,
including hourly paid inspectors in these, departments, but excluding
employees of the maintenance, shipping and receiving, and research
departments, power house and garage employees, watchmen, office and
clerical employees, assistant foremen, foremen and supervisors. The
Employer contends that such a unit is inappropriate, maintaining
that the only appropriate unit is one plant-wide unit.
The Employer's plant is located in a 2-story building approximately
300 feet square. It manufactures a single type iron cooking range.
Production-begins in the sheet metal department where raw materials
are sheared, pressed into shape, and Wielded. The parts are then de-
livered by electric trucks to the enameling department where they are
processed further and turned over for assembly to the assembly de-
partment. When production is completed, the finished stoves are
carted and shipped out or put into temporary inventory. Stove tops
and lids are manufactured in the top (castings) department.
The employees in the four departments sought to be established as
a single unit, by the Petitioner are those directly engaged in the pro-
duction process. They form a distinct and identifiable group, hav-
ing similar interests and working under similar conditions of employ-
ment. In contrast, ' the maintenance department consists primarily
of highly skilled mechanics and is responsible for the upkeep and
repair of the machinery, pipes and electrical fixtures throughout the
plant.2 The employees in this department are a multi-craft group,
who work under separate supervision in separate work-quarters. As
s Classifications in the maintenance department include mechanic , electrician , pipefitter,
tinner, carpenter , painter, helper and tool grinder ,aud oiler.
402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
indicated below, employees in other departments, functioning simi-
larly in-homogeneous groups, have interests substantially different
from those of the production employees.
The Board has previously found appropriate unit confined to pro-
duction employees.3 In view of the identity of interests and closely
related duties of the production employees, as distinguished from the
multi-craft group comprising the maintenance department, we are of
the opinion that the production employees may appropriately form a
separate unit.
Shipping and receiving: There are 23 employees in this department.
Their work includes unloading, and distributing the raw materials,
moving the parts from one department to another, and loading the
finished product. Their duties carry them throughout the plant and
they work in close cooperation with the production employees. We
are of the opinion that their duties and interests are those of pro-
duction employees; we shall include them.
research, department: These employees are highly skilled tech-
nicians, engaged in experimental work. We are of the opinion that
their duties differ sufficiently from those of the production employees
to warrant their exclusion. We shall exclude them 4
Storeroom clerks : There are two clerks in the storeroom whose
duties include keeping records of materials and issuing various items
as needed to both production and maintenance employees. Inasmuch
as they,are not primarily concerned with the production process and
perform services for all employees in the plant,- we shall exclude
them.
Powerhouse employees: These employees perform the usual duties
connected with the operation of a power plant. They are supervised
by a chief engineer and work in a separate building apart from the
main plant. Inasmuch as they perform maintenance rather than pro-
duction work, we shall exclude them.
Garage mechanic and truck driver: These employees are under the
supervision of the foreman of the maintenance department and have
their work headquarters in the garage shop which is separated from
the main plant. They are not engaged in production work. Ac-
cordingly, we shall exclude them.
Watchmen: The record does not indicate specifically the duties of
these employees. Presumably, however, they carry out the general
plant-protection duties normally required of night watchmen in pro-
3 See Matter of Norris, Incorporated, 60 N L R B 297; Matter of Beebe Corporation,
59 N L R B 538 Matter of Tobacco By-products C Chemical Corporation, 64 N L R. B
252; Matter of Weber Showcase J Fixture Co, Inc., 67 N. L R B. 456
a See Matter of T I du Pont de Nemours