American Enka Corp.

National Labor Relations Board - Board Decisions

Jun 30, 1950

90 N.L.R.B. 658 (N.L.R.B. 1950)

In the Matter of AMERICAN ENKA CORPORATION , EMPLOYER and
AMALGAMATED PLANT GUARD WORKERS LOCAL 110 AND UNITED PLANT
GUARD WORKERS OF AMERICA, PETITIONER
Case No. 10-RC-888.-Decided June 30,1950
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Vincent W.
Bradley, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.'
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The Petitioner herein, Amalgamated Plant Guard Workers Local
110 and United Plant Guard Workers of America, is a labor organiza-
tion claiming to represent certain employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks to represent a unit of plant guards, including
the fire marshals, and safety inspectors employed at the Employer's
Morristown, Tennessee, plant. The Employer is in general agree-
ment on the unit except that he would exclude the safety inspectors.
The record shows that the safety inspector's primary responsibility
is the inspection of all safety hazards and fire fighting equipment, the
investigation of all plant accidents and the making of reports relative
thereto. He makes regular patrols of the plant to check for safety
hazards and makes some periodic fire inspections. He holds safety
meetings for production and maintenance employees and conducts
courses in safety procedure and first aid. The safety inspector works
only during the day ; has no supervisory authority ; and performs none
of the duties performed by the guards comprising the unit sought.
Accordingly, we find that he is not employed as a guard within the
meaning of the Act and shall exclude him from the appropriate unit.
i All questions of admissibility of evidence were reserved by the hearing officer for the
Board. We find no merit in objections by the Employer to the admission of evidence
sought to be adduced . Accordingly, such evidence is hereby made a part of the record.
90 NLRB No. 112.
658
AMERICAN ENKA CORPORATION 659
The following employees of the Employer, therefore, constitute a.
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act: All guards2 and fire marshals.
at the Employer's Morristown, Tennessee, plant, excluding safety in-
spectors, supervisors, professional employees, and all other employees.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date-
of this Direction of Election, including employees who did not work
during said payroll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by Amalgamated Plant Guard Workers Local 110 and United'
Plant Guard Workers of America.
CHAIRMAN HERZOG and MEMBER REYNOLDS took no part in the con-
sideration of the above Decision and Direction of Election.
2 The Employer 's contention that the guards because of occasional part-time duties as-
telephone operators are confidential employees is without merit. Lever Brothers Co., 8%
NLRB 445.