United Technologies Corporation, 932 (1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

United Technologies Corporation, Chemical Systems Division and International Union of Electrical, Radio, and Machine Workers, AFL-CIO-CLC, and its Local 1201, Petitioner. Case 32 RC 698

September 28, 1979 DECISION ON REVIEW AND ORDER

BY CHAIRMAN FANNING AND MEMBERS PENEI.O AND TRUESDAL.F On June 27, 1979, the Regional Director for Region 32 issued a Decision and Direction of Election in the above-entitled proceeding in which he found appropriate a unit of all hourly employees classified as fireman employed at the Employer's Madrone, California, facility. Thereafter, in accordance with Section 102.67 of the National Labor Relations Board Rules and Regulations, Series 8 as amended, the Employer filed a timely request for review of the Regional Director's Decision, on the grounds that, inter alia, in finding that the firemen are not guards within the meaning of the Act, he departed from well-established precedent.

By telegraphic order dated July 24, 1979, the Employer's request for review was granted. Thereafter, the Employer filed a brief on review.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the entire record in this case and makes the following findings:

On May 4, 1979, the Petitioner filed a petition seeking to represent a unit consisting of 'all hourly employees classified as firemen in department 0230 at the Company's facilities at Madrone, California.' The Employer contends that these firemen are guards within the meaning of the Act, and that, pursuant to Section 9(b)(3), the Petitioner may not be certified as their representative as it admits to membership employees other than guards, including other nonguard employees of the Employer.

The Employer is engaged in the manufacture of rocket motors with facilities at Madrone, Sunnyvale, and other locations in California and Florida. The Madrone facility, which is engaged in the actual manufacturing process, consists of approximately 200 buildings scattered over 5,500 acres. Some of the buildings are spread further apart, as far as a quarter of a mile, because of the possible danger from the use of explosives.

The Employer's security department is responsible for protecting the Employer's property from all types of losses, and employees are trained more extensively in plant protection as they are promoted within the department. An...