Binswanger Mirror Co.

National Labor Relations Board - Board Decisions

Mar 28, 1949

82 N.L.R.B. 431 (N.L.R.B. 1949)

In the Matter of BINSWANGER MIRROR COMPANY , EMPLOYER and
GLASS, CERAMIC & SILICA SAND WORKERS OF AMERICA, CIO,
PETITIONER
Case No. 15-RC-190.-Decided March 28, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.'
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel.*
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. Petitioner claims to represent certain employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit comprising all production and main-
tenance employees, excluding all office clerical employees, guards, pro-
fessional employees, and supervisors as defined in the Act. The
Employer is in general agreement with the proposed unit, but would
include the watchmen as maintenance employees and exclude the
shipping clerk as a clerical employee. The Petitioner would include
the shipping clerk and exclude the watchmen.
Watchmen: The Employer employs two watchmen. The first
watchman works from 5 p. m. to 12 p. m.; the other works from 12 p. m.
i The Employer's request for oral argument is hereby denied, as the facts and issues in
the case are adequately presented in the record and the Employer ' s brief. Also, the
Employer moved to dismiss the petition on the ground that no showing of representative
interest was made at the hearing . This motion is denied . The Petitioner' s showing of
representation is solely a matter of administrative procedure to be determined by the
Board itself . Matter of Binns Passaic Iron d Brass Foundry, 77 N. L. R. B. 380.
* Houston, Reynolds , and Murdock.
82 N. L. R. B., No. 46. 431
432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to 7 a. m. On Saturdays and Sundays these two men each work one
12-hour shift. The plant operates between 7 a. in. and 5 p. in. The
duties of the watchmen are: (1) to make the rounds of the plant every
hour punching time clocks at five stations a task which takes approxi-
mately 10 minutes; (2) to check the functioning of the water purifica-
tion system making certain that a proper level is maintained and
degree of purity achieved; (3) to turn on and check the air condition-
ing equipment making certain that the temperature in the silvering
room is kept constant. They periodically assist the mechanic in
repairing the water system. They also perform ground maintenance
work such as trimming the outside shrubbery, checking water lines,
and keeping boxes, sacks, etc., from cluttering the grounds. These
watchmen are not armed, have no authority to discipline other em-
ployees, and have no particular responsibility for the enforcement
of rules.
As these individuals spend the greater part of their time doing
maintenance work, we find that they are not "guards" within the
meaning of the Act and shall include them in the unit as maintenance
employees.2
Shipping Clerk: This employee works in the shipping department.
His duties consist of checking outgoing and incoming shipments,
recording merchandise received, making bills of lading, making
freight arrangements for which he checks rates, and paying freight
charges. He does not supervise loading or unloading, and performs
none of the manual work in connection therewith. As his working
conditions appear to be more closely identified with those of the pro-
duction and maintenance employees than those of the office clerical
workers, we shall include this employee in the unit.3
We find that all the production and maintenance employees at the
Employer's Grenada, Mississippi, plant, including watchmen, and
shipping clerks, but excluding office clerical employees, guards, pro-
fessional employees, and supervisors as defined in the Act, as amended,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
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
'Matter of Carolina Metal Products, Inc., 76 N. L. R. B . 644; Matter of California
Grower8, Inc., 80 N L R. B. 578.
3 Matter of General Electric Company , 80 N. L. R. B. 174 ; Matter of Bryant Heater
Company, 77 N. L. R. B. 744.
BINSWANGER MIRROR COMPANY 433
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-Series 5, as amended,
among the employees in the unit found appropriate in paragraph
numbered 4, above, who were employed during the pay-roll period
immediately preceding the date of this Direction of Election, includ-
ing employees who did not work during said pay -roll 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 reinstated prior to the date of the election,
and also excluding employees on strike who are not entitled to re-
instatement, to determine whether or not they desire to be represented,
for purposes of collective bargaining , by Glass, Ceramic & Silica Sand
Workers of America, CIO.