Barmac, Inc.

National Labor Relations Board - Board Decisions

Apr 4, 1950

89 N.L.R.B. 139 (N.L.R.B. 1950)

zn the Matter of BARIVIAC, INC., EMPLOYER and UNITED SHOE WORKERS
OP AMERICA, CIO, PETITIONER
Case No.4-RC-57.:-Deeided April 44, :7950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Harold Kowal,
hearing officer. The hearing officer's filings made at the hearing
Ire free from prejudicial error aid are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its rowers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
ational Labor Relations Act.
2. The labor organizations involved claim to represent certain
employees of the Eliiployer.l
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the At.
4. The parties are in agreement that the appropriate unit should
consist of all employees in the Employer's cutting room, fitting room,
lasting department, making department, finishing department, packing
department, and sole leather department, excluding guards and super-
visors. They disagree as to the inclusion in the unit of a machinist,
a shipper, and a G. I. trainee.2
' At the hearing Boot and Shoe Workers Union, AFL, refused to stipulate that Barmac
Shoe Workers Independent Union, herein called the Independent, is a labor organization
within the meaning of the Act. We find that the Independent is a labor organization
within the meaning of the Act, inasmuch as it exists for the purpose of engaging in collec-
tive bargaining with the Employer with respect to wages, hours, and other conditions of
employment.
'All parties stated that they were willing to abide by the Board's decision as to the
unit placement of these employees.
89 NLRB No. 18.
139
140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The machinist repairs and maintains the Employer's production
machines. Although he does some of his work in a separately located
machine shop, most of his work is done in the plant.3 He received
his orders from any department needing his services, and at such
times is under the supervision of the foreman of the department
where. he is working.,., He,has the same, hours and. working conditions,_
and enjoys the same privileges and benefits as do the production
employees. He is paid on an hourly basis.4
There is nothing in the record to indicate that the interests of the
machinist are different from those of the other employees in the unit.
He is clearly a maintenance employee such as we customarily include
in a unit with production employees.5 We shall, therefore, include
the machinist in the unit.
The shipper receives and stores incoming goods, trucks supplies
and materials within the plant, and ships the Employer's finished
products after they have been packed in boxes by employees in the
packing department. He also spends about 25 percent of his time
sweeping and cleaning in the plant. Although he does no clerical
work, he is under the supervision of the office manager. He has the
same working conditions, hours, and employee benefits as do the
production employees, and like many of them, is hourly paid. We
find that the interests of the shipper are closely allied with those of
the production employees.6 Accordingly, he will be included in the
unit.
The G. I. trainee has been learning various production operations
during the past year.? He is a piecework operator, and does the same
work as the employees in the unit. He testified that he is training to
be an assistant foreman. He, does not exercise any supervisory
authority,>at the..present time, aud,the>ie is-no indication that he will
do so at any time in the near future. We shall include the G. I.
trainee in the unit.8
We find that all production and maintenance employees at the
Employer's Reading, Pennsylvania, plant, including all employees
in the cutting room, fitting room, lasting department, making depart-
ment, finishing department, packing department and sole leather
department, the machinist, the shipper, and the G. I. trainee, but
8 The greater part of the machinist's time is spent in the fitting room, because most of
the machines requiring repair are in that department.
4 Some of the production employees are hourly paid, while others are paid on a piecework
basis.
Shelburne Shirt Co., Inc., 86 NLRB 1308; Mutual Rough Hat Company, 86 NLRB 440;
Tennessee 'Packers Inc., 87 NLRB 90.
8 Spack Shoe Company, 86 NLRB 701 ; Biggs Antique Company, 85 NLRB 554.
7 The period of training is for 2 years.
8 Granger Motor Company, 86 NLRB 336 ; The Peal Manufacturing Company, 80 NLRB
827.
BARMAC, INC. 141
excluding guards and supervisors, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
DIRECTION OF ELECTION 9
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
supervision 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 bar-
gaining, by United Shoe Workers of America, CIO , or by Boot and
Shoe Workers Union , AFL, or by Barmac Shoe Workers Independent
Union, or by none of these organizations.
O Any participant in the election directed herein may, upon its prompt request to, and
approval thereof by, the Regional Director, have its name removed from the ballot...