Bear Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 13, 1945

63 N.L.R.B. 322 (N.L.R.B. 1945)

In the Matter of BEAR MANUFACTURING COMPANY and UNITED FARM
EQUIPMENT AND METAL WORKERS OF AMERICA, CIO °
Case No. 13-R-99.5.Decided August 13, 19415
Messrs. William M. Walker and Ben 7'. Reidy, of Rock Island, Ill.,
for the Company.
Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon a petition duly filed by United Farm Equipment and Metal
Workers of America, CIO, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Bear Manufacturing Company, Rock Island, Illinois,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Benjamin B.
Salvaty, Jr., Trial Examiner. Said hearing was held at Moline,
Illinois, on May 29, 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 hear-
ing are free from prejudicial error and are hereby affirmed. All
parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Bear Manufacturing Company is an Illinois corporation with its
main office and plant located at Rock Island, Illinois. It is there en-
I Although duly served with Notice of Hearing, the International Association of Machinists
failed to appear.
63 N. L. R. B., No. 47.
322
BEAR MANUFACTURING COMPANY 323
gaged in the manufacture of automotive alignment equipment and
industrial balancers. During the calendar year 1944, the Company's
purchases of raw materials, consisting of steel, iron, and castings,
amounted to more than $50,000, of which approximately 20 percent
came from points outside the State of Illinois. During the same pe-
riod, the Company manufactured finished products of a value in excess
of $50,000, of which approximately 80 percent was shipped to points
outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act. '
II. THE ORGANIZATION INVOLVED
United Farm Equipment and Metal Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of its employees
until the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate 2
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.
1V. THE APPROPRIATE UNIT
The Union seeks a unit composed of all production and maintenance
employees of the Company, including the engineering department
employees, service garage employees, road service men, assistant fore-
man in the machine shop, and truck driver, but excluding office and
clerical, and supervisory employees. The Company contends that the
engineering department employees, service garage employees, road
service men, and the assistant foreman in the machine shop should be
excluded from the appropriate unit. 'It takes no position with respect
to the truck driver .3
Engineering department employees: This department is located in
a small room separated from the other departments of the plant. Ac-
2 The Field Examiner reported that the Union submitted 34 application for membership
cards ; that the names of 25 persons appearing on the cards were listed on the Company's
pay roll of April 5, 1945; that 11 of the cards were dated March 1945, 13 "April," and
1 was undated ; and that there were 58 employees in the alleged appropriate unit.
' The truck driver's duties are confined to local truck driving. We shall include him in
the unit.
662514-46-vol. 63-22
324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cess to this room is not permitted without the authorization of the
production manager or the engineering department employees. The
employees in the engineering department consist of an experimental
engineer 4 and a draftsman.5 Both the engineer and the draftsmen
receive substantially higher pay than the production employees. Al-
though the engineer is not a graduate engineer he has had long experi-
ence in developing new ideas and improvements of the Company's
products and some of his ideas and improvements have been patented.
The draftsman performs the usual duties of a draftsman, working out
sketches given him by the- plant manager or by the experimental
engineer. In view of the technical nature of their duties, we shall
exclude the employees in the engineering departments
Service garage employees: The service garage oi• service station is
located about one-half block from the Company's plant. The garage
and its employees are under the general supervision of the sales man-
ager. It is operated solely for the purpose of instructing customers
how to use the equipment manufactured by the Company. There are
four service garage employees and one foreman. Three of these em-
ployees while engaged in repairing cars demonstrate, instruct, and, in
the course of their instruction, allow customers to use the Company's
equipment. Another garage employee is engaged in conducting class-
room lectures. None of these employees engage in production work or
are interchangeable with production employees. Since the functions
and supervision of the service garage employees differ substantially
from those of production employees in the plant, we shall exclude
them from the unit.?
Road service mien: There are two road men or road service men.
These employees install and service the Company's equipment, and
supply information concerning the use of this equipment. They are
under the supervision of the sales department and occasionally make
sales. A substantial portion of their time is spent away from the plant.
The functions and working conditions of the road service men are
sufficiently different from those of the production employees to warrant
their exclusion from the unit, accordingly, we shall exclude them."
Assistant foreman in the machine shop: 9 There are 21 employees in
the machine shop. The foreman gives instructions, sets up machines,
and occasionally operates a machine. He spends most of his time in
supervision, has authority to recommend effectively the hire and dis-
charge of the employees under his supervision, and in the absence of the
' Henry Wochner.
" Tom Kuberski.
e See Matter of Underwood Machinery Company, 59 N L. R. B 42; Matter of General
Electric Company, 60 N L R B 1110
' See Matter of Northwest Engineerinq Corporation, 62 N L. It B. 555, Accord. Matter
of Eagle Oil and Refining Company, Inc, 27 N L R B 1009.
9 See Matter of Northwest Engineering Corporation , supra.
U Lietke.
BEAR MANUFACTURING COMPANY 325
production manager is authorized to discharge employees on his own
initiative. The assistant foreman has substantially the same super-
visory functions as the foreman. He also has the authority to recom-
mend effectively the hire and discharge of the employees in the machine
shop. Accordingly, we shall exclude the assistant foreman in the
machine shop from the unit.
We find that all production and maintenance employees of the Com-
pany, including the truck driver and janitors, but excluding office
and clerical employees, purchasing department clerk, production de-
partment clerk, timekeeper, engineering department employees, service
garage employees, road service men, foremen, assistant foreman in the
machine shop, and all other supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
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 the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.10
The Company employs approximately 7 part-time production em-
ployees. It asserts that because the situation out of which their
employment arises is only temporary, they should be ineligible to
participate in the election, whereas the Union contends that they
should be eligible. The majority of these employees work the same
hours each day. They average from 20 to 25 hours a week, and there
is no indication that their employment does not cover production work
performed regularly.', Moreover, they work under the same super-
vision and similar working conditions, and receive the same rates of
pay as the full-time employees. We find that they are eligible to
participate in the election.'
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
10 The request of the Union that it be designated on the ballot otherwise than as herein
set forth is hereby referred to the Regional Director to whom the Board has delegated
discretionary authorlt} in matters relating to the conduct of the election
11 See Matter of The Post Printing and Publishing Co., 59 N . L R B. 1115
13 See Matter of Precision S,mcntific Co, 61 N L R B 147, Matter of Pfaeher Brothers,
b6N L. R B 1495.
326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act,"and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 Bear Manufactur-
ing Company, Rock Island, Illinois, an election 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 direction and supervision
of the Regional Director for the Thirteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations among
the employees in the unit 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 dur-
ing the 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 any 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 United
Farm Equipment and Metal Workers of America, CIO, for the pur-
poses of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.