American Central Manufacturing Corp.

National Labor Relations Board - Board Decisions

Jan 9, 1946

65 N.L.R.B. 342 (N.L.R.B. 1946)

In the Matter of AMERICAN CENTRAL MANUFACTURING CORPORATION
and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O.
Case No. 11-R-841.-Decided January 9, 1946
Pruit and Grealis, by Mr. Francis Napkin, of Chicago, Ill., and Mr.
John Hendrickson, of Connersville, Ind., for the Company.
Mr. Frank L. Bartee, of Indianapolis, Ind., for the Union.
Mr. Joseph D. Manders, of counsel to the Board.
DECISION
AND
DIRECTIONS OF ELECTIONS
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
American Central Manufacturing Corporation, Connersville, Indiana,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Clifford L.
Hardy, Trial Examiner. The hearing was held at Connersville, In-
diana, on August 31, 1945. The Company and the Union appeared and
participated. All parties were afforded full opportunity to be heard,
to examine 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. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
American Central Manufacturing Corporation, an Indiana corpora-
tion, is engaged in the manufacture of sheet metal products. Its prin-
cipal place of business, located at Connersville, Indiana, is involved in
65 N. L R. B, No 62
342
AMERICAN CENTRAL MANUFACTURING CORPORATION 343
the present proceeding. During the past 12 months the Company pur-
chased raw materials, consisting principally of sheet metal, valued in
excess of $500,000, of which approximately 50 percent was shipped to
the Company from points outside the State of Indiana. During the
same period, the Company manufactured finished products valued in
excess of $500,000, of which approximately 50 percent was shipped to
points outside the State of Indiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act, and we so find.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America is a labor organization, affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 1, 1945, the Company and the Union's Local 151
entered into a collective bargaining agreement. The contract covers
all production and maintenance employees at the Company's Conners-
ville plant, but excludes, inter alia, the clerical and technical employees
whom the Union now seeks to represent. The Company contends that
this contract is a bar to an immediate determination of representatives,
arguing that the exclusion of clerical and technical employees from
the coverage of the contract precludes the Union from representing
these employees at this time. Assuming that this agreement binds
the Union, the petitioner in this case, we nevertheless do not agree
with the Company's contention. The Board has uniformly held that
the mere exclusion of certain groups of employees from the coverage
of a contract does not constitute a waiver of the right to represent
these groups. Therefore, inasmuch as the contract has in no way
limited the Union's right to represent clerical and technical employees,
we find that there exists no bar to this proceeding.'
The Company admits that it has refused to grant recognition to the
Union as exclusive bargaining representative of its clerical workers.
It contends, however, that no question concerning representation has
been raised with regard to technical employees because the Union has
neither made a formal demand upon the Company for recognition
in their behalf, nor established proof of interest among them. We
find no merit in this contention, for the record discloses that the
Union's status as a bargaining representative of the technical em.-
'See Matter of Allegheny Ludlum Steel Corporation , 64 N. L. R B. 1284; Matter of
Consolidation Coal Company , 63 N. L. R. B. 169; cf. Matter of Briggs Indiana Corporation,
63 N L R B 1270.
11
344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees was disputed by the Company at the hearing, and that recog-
nition is dependent upon Board certification.2 The Union's showing
of interest, noted below, is sufficient to warrant an election among the
technical, as well as the clerical employees.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees among those for whom it seeks to bargain.3
We find that a question affecting commerce has 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 UNITS
Contentions of the Parties
The Union which, as pointed out above, currently represents the
production and maintenance employees at the Company's Conners-
ville plant, now seeks, as its primary position, a single unit of office
clerical and technical employees, or, in the alternative, separate units
of office clerical employees and technical-employees, respectively. The
office clerical group includes timekeepers, telephone and telegraph
operators, pay-roll clerks, secretaries, stenographers, and accounting
clerks. The technical group includes draftsmen, tool designers, tool
follow-up men, tool-cost estimators, and time-study men, all of whom
are employed in the Engineering and Industrial Engineering depart-
ments. The Company opposes the primary position of the Union,
contending that the technical employees, who perform specialized
operations, do not have interests in common with the office clerical
workers, who perform non-specialized operations. There are also
controversies between the parties with respect to the supervisory or
confidential status of certain occupational classifications.
The Company's Offices
The Company's offices are housed in two buildings. The office
clerical workers in the General Office department and the technical
employees in the Engineering and Industrial Engineering departments
are located in separate areas in the main office building. The Person-
nel department is located in the Company's other office building. In
Y See Matter of Pacific Mills, 60 N L R B 467, Matter of Jeffrey Manu facturing Com-
pany . 58 N L it. B. 1129.
3 The Field Examiner reported that the Union submitted 72 authorization cards which
bore the names of 53 employees listed on the Company's pay roll which contained 85
names
At the hearing the Union submitted a list containing the names of the employees whose
application cards were in the possession of the Field Examiner The Trial Examiner
reported that 15 of these names appeared on the Company's Industrial Engineering De-
partment pay roll. The Industrial Engineering Department is a technical department.
AMERICAN CENTRAL MANUFACTURING CORPORATION 345
general, the workers in the General Office department and Personnel
department perform routine tasks usually associated with steno-
graphic, secretarial, and clerical work. The employees in the Engi-
neering'and Industrial Engineering department, however, perform
such functions as drafting, tool designing, and tool-cost estimating
which require a substantial amount of technical knowledge and prac-
tical experience. We also note that the office clerical group and the
technical group, respectively, are under separate supervision, and that
the clerical departments operate independently of the technical
departments.
Although we have included technical employees within a unit con-
taining office clerical workers, absent contentions to the contrary,4 we
have frequently had occasion to recognize the difference in interests,
backgrounds, and functions between the two groups, and our general
policy has been to place the employees comprising these groups in
separate units.' Accordingly, in view of the Company's objection to
a single unit of office clerical and technical employees, we shall, in
accordance with our customary practice, deny the primary contention
of the Union. However, we are of the opinion and conclude that all
clerical employees of the Company, excluding certain named classi-
fications, and all technical employees of the Company, excluding cer-
tain named classifications, may properly constitute separate appro-
priate units. We shall discuss below the individual classifications
of employees with respect to which the parties are in disagreement.
Clerical Unit
With respect to the clerical unit, the parties have agreed to exclude
all classifications of employees listed on Appendix A. There remains
for disposition the following classifications of employees, -all of whom
the Union would include and the Company would exclude.
Supervisors in General Accounting Section
This section contains the bookkeeping, aircraft costs, and central
costs departments. The head of each of these departments supervises
a small group of clerks., Although these supervisors do not have the
authority to hire and discharge, uncontradicted evidence establishes
that they have the power to make effective recommendations respect-
ing the status of their subordinates. Under these circumstances, we
find them to be supervisory employees within the meaning of the
Board's customary definition, and we shall exclude them from the unit.
"See Matter of Consolidated Puttee Aircraft Corporation (San Diego Division), 54
N. L. R B. 103.
° See Matter of Spicer Manufacturing Corporation, 55 N L. R B 1491
° The heads of the departments indicated are Ray Bertsch, Leo Dennis, and Howard
Pfeiffer.
346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Secretary to Works Manager, Secretary to Industrial Engineer, Secre-
tary to Chief Engineer, Secretary to Director of Purchases, and
Secretary to General Sales Manager
The first three executives above named handle labor relations, and
the Director of Purchases appears to be the immediate supervisor of a
number of clerical employees in the unit. We shall, therefore, exclude
the personal secretaries to these four executives.7 The General Sales
Manager, on the other hand, does not appear to exercise supervisory
functions or handle labor relations matters. The Company's As-
sistant Treasurer testified that the work of this executive's secretary
does not pertain to labor relations. We shall include her in the unit.8
Salary Pay-roll Clerks
The Company's two salary pay-roll clerks, who work in private
offices, are under the supervision of the Assistant Treasurer. These
clerks work on the pay roll of the salaried employees of the Company,
including executives, supervisors, clerical, and technical employees.
They keep records relating to salaries, prepare the salary pay roll,
and deliver pay checks and war bonds, work similar to that performed
on the factory pay roll by clerks who are concededly included in the
clerical unit. The Personnel department, although it handles the
hiring of salaried employees and maintains their Selective Service and
group insurance records, does not at present have custody of the so-
called "personnel" files of salaried employees. These files, which
appear to contain little more than factual records showing each indi-
vidual's initial employment, physical characteristics, and the history
of his job classifications and rates of pay, are kept in a vault or locked
cabinet under the jurisdiction of the Assistant Treasurer .0 The two
pay-roll clerks in dispute have access to these files, but it is evident,
nevertheless, that their function is not what is usually characterized as
"personnel" work. There is no evidence establishing that in the course
of their employment they acquire advance information as to the Com-
pany's position on issues which are likely to be the subject of grievance
conferences or collective bargaining.10 Their knowledge of the rates
of pay and earnings of employees does not per se make these clerks
' Miss Koons, Miss Nowling, Miss Ayres, and Mrs. Wright.
s Miss Ochiltree.
0 The Company's personnel director testified at the hearing that if the Union should be
certified as the representative of the emplo} ees involved in this case, he would conduct any
negotiations and grievance conferences with the Union. He stated, further, that in that
event he would consider it necessary to keep in his own department the records of em-
ployees in the bargaining unit relating to union matters, grievances, reprimands, and the
like.
10 Cf. Matter of Pacific Gas and Electric Company, 61 N. L. R B. 564 ; Matter of Ameri-
can Steel and Wire Company, 58 N. L. R. B. 253.
AMERICAN CENTRAL MANUFACTURING CORPORATION 347
"confidential" as we define that term. We find, therefore , that the
salary pay -roll clerks are not confidential employees and we shall
include them in the unit."
Pre-interviewers and Clerks in the Personnel Department
Two employees in this department, who are subordinate to the su-
pervisors in charge of hiring, are responsible for the "screening" of
all applicants seeking employment with the Company. Applicants
who are rejected by these employees are denied the opportunity of
being further interviewed. Under these circumstances, it is plain
that these "pre-interviewers" function in a confidential capacity with
respect to labor relations. We shall therefore exclude them.
The Company has several clerks whose function is to keep the per-
sonnel records of factory employees. These records are likely to con-
tain confidential information relating to grievances, discharge,
disciplinary action, and the like. We find that the Personnel depart-
ment clerks are confidential employees, and we shall exclude them.
Telephone and Teletype 6"perators
These employees are in charge of a PBX telephone switchboard,
and one employee operates a teletype machine. There is nothing in
the record which indicates that any of these employees have access to
information of a confidential nature.l" Accordingly, we shall include
telephone and teletype operators in the clerical unit.13
Technical Unit
The classifications of employees listed on Appendix B are included
in the unit by the Union, without objection from the Company. The
Parties have agreed to the exclusion of the classifications of employees
listed oa Appendix C. ' There remains for disposition the following
classification of employees which the Union would include and the
Company would exclude.
Time-study Employees
The time-study men make reports containing time and motion
studies of production operations. The Company, which operates un-
der an incentive system, utilizes these reports for the purpose of set-
See Hatter of South Bend Lathe Works, 59 N. L R B. 562; Matter of Chrysler Corpo-
rateoa, Chrysler Motor Division, 58 N L R. B . 239 ; ef . Matter of The Hoover Company,
55 N 1. It B 1321.
" \lthough confidential calls are made over the telephone , an executive of the Company
testified that the telephone operators are not "allowed" to listen to then.
n See Mattel of Continental Steel Corporation , 61 N. L . R. B 97.
348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ting incentive rates for factory workers . In addition , the time
studies prepared by the time-study men are often used by the Com-
pany for the purpose of settling grievances among factory workers.
In accordance with our usual practice we shall exclude the tune-study
men.14
On the basis of the entire record, and in accordance with the con-
clusions stated above , we find that the following units, excluding all
supervisory employees with authority to hire, promote, discharge,
discipline , or otherwise effect changes in the status of employees or
effectively recommend such action , are appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act :
(1) All clerical employees of the Company at Connersville, Indi-
ana, including salary pay-roll clerks, timekeepers, telephone and tele-
type operators , and the secretary to the General Sales Manager, but
excluding pre-interviewers and clerks in the Personnel department,
secretary to Works Manager, secretary to Industrial Engineer , secre-
tary to Assistant to the Chief Engineer, secretary to Director of
Purchases , supervisors in General Accounting Section , the classifica-
tions of employees listed on Appendix A, and all other employees;
(2) All technical employees of the Company at Connersville,
Indiana, including the classifications of employees listed on Appendix
B, but excluding time-study men, the classifications of employees
listed on Appendix C and all other employees.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Elections herein,
subject to the limitations and additions set forth in the Direction.
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Central
Manufacturing Corporation , Connersville , Indiana, 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 direc-
14 See Matter of Yale t Towne Manufacturing Company , 55 N L R B 66.
AMERICAN CENTRAL MANUFACTURING CORPORATION 349
tion and supervision of the Regional Director for the Eleventh Region,
acting in this matter as agent for the National Labor Relations Board,
arid subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among employees in each of the units found appropriate in
Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person'
at the polls, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether or not they desire to be
represented by International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America, C. I. O. for the purposes
of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Elections.
APPENDIX A
Agreed Exclusions from Clerical Unit.
Buyers
Courtesy car drivers
Factory clerical employees
Supervisors in charge of factory pay roll
Secretary to Treasurer and Office Manager
Secretary to President and Vice-President
Secretary to Personnel Director
Salesmen
Purchasing agents
Supervisors in charge of sub-contract work and priorities
Sales manager
Assistant sales manager
District sales managers
Regional managers
Personnel Department
Supervisor in charge of hiring female help
Supervisor in charge of hiring male help
General Accounting Section
Supervisor in charge of billing and order department (Mr.
Michal)
350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX B
Inclusions in the Technical Unit with respect to which the Company
made no objection.
Engineering Department
Draftsmen
Tool Designers
Tool follow-up men
Tool cost estimators
Inspection follow-up men
Industrial Engineering Department
Draftsmen
Lay-out men
APPENDIX C
Agreed exclusions from Technical Unit
Engineering Department
Chief draftsmen
Chief checker
Safety Department
Safety director
Assistant safety director