Blackmer Pump Co.

National Labor Relations Board - Board Decisions

Jun 16, 1944

56 N.L.R.B. 1490 (N.L.R.B. 1944)

In the Matter of BLACKMER'PUMP COMPANY and LOCAL 828, INTERNA-
TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW-CIO) - i
Case No. 7-R-1648.-Decided June 16, 19.144
Mr. George S. Norcross and Mr. N. J. Harkness, of Grand Rapids,
Mich., for the Company. -
Mr. Russell White and Mr. Arthur •Brunges, of Lansing, Mich., for
the Union.
Mr. William Strong, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed, by Local 828, International Union,,
United Automobile, Aircraft and Agricultural Implement Workers
of America (UAW-CIO), herein 'called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Blackmer Pump Company, Grand Rapids, Michigan,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Robert
J. Wiener, Trial Examiner. Said hearing was held at Grand Rapids,
Michigan,VVon May 9, 1944. 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 an 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 TIIE COMPANY
The Company, a Michigan corporation, manufactures rotary power
and hand-driven pumps and other articles at Grand Rapids, Michi-
56 N. L. R. B., No. 265.
1490 -
BLACKMER'PUMP COMPANY 1491
gan. During 1943, the Company used in excess of $250,000 worth of
raw materials , approximately 90 percent of which was shipped to
the Grand Rapids plant from points outside the State of Michigan.
During the same period the, Company's sales exceeded, $5,000,000,
approximately 90 percent of which represented sales made to ' custom-
ers located outside of the State of Michigan.
We find that the Company is engaged in.commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 828, International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America, UAW, affiliated with
,the Congress of Industrial Organizations, is a labor organization ad-
mitting 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 its office and clerical employees
until the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent at the hearing indicates that the
Union represents a substantial number of employees in the unit here-
inafter found appropriate.,
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 UNIT
The parties agree that an appropriate unit should include all clerks,
typists, stenographers. and telephone operators of the Company, and
exclude secretaries to executives and all supervisory employees. 'The
Union would also include bookkeepers, timekeepers, and pay-roll
clerks. The Company would" exclude them, on the grounds that they
are "confidential" employees and exercise "management" functions.
The bookkeepers handle receipts of payments and maintain necessary
records and accounts, records of shipments and of their prices, pay-roll
and wage records, bank balance records, prepare checks, and perform
,other related work. Pay-roll clerks and timekeepers check time cards
for pay-roll purposes and furnish information thus obtained to the
' The Trial , Examiner reported that the Union submitted 9 membership application
cards , that the names of 7 persons appearing on the cards were listed on the'Company's
pay roll of December 6, 1943, which contained the names of 23 employees ' in the appropriate
unit.
1492 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD °
cost department for cost allocation purposes, and perform other usual
functions associated with that category of work.2
The Company states that the work of the bookkeepers, pay-roll
clerks, and timekeepers'is of a confidential nature. It asserts also that
it must rely upon the honesty, integrity, and accuracy-of these employ-
ees, with reference to wage payments, and points especially to' the fact
that the bookkeepers, pay-roll clerks, and timekeepers are doing work
directly related to the expenditure of company funds, that they thereby
exercise management functions, and,, that the Company must have
direct supervision and control over such employees. The duties of
the bookkeepers, pay-roll clerks, and timekeepers of this Company
appear to be no different from duties performed by employees in those
'categories elsewhere. All bookkeepers, pay-roll clerks and timekeepers
perform functions directly connected with the expenditures of funds.
We disagree with the Company's contention that such employees per-
form management functions requiring the denial to them of bargaining
rights under the Act. Moreover, nothing in our experience leads u's
Io conclude that, the exercise of rights under the Act by employees is
incompatible with their loyal,.full, and honest performance of duties.
The remedy for inefficiency, disregard or neglect of duty, collusion or
other improper practices by employees lies implicitly in the power of
the' employer to discipline and discharge. We find nothing in this
record requiring denial of collective' baI wining rights to the book-
keepers, pay-roll clerks, and timekeepers of the Company.
We find that all clerks, typists, stenographers, telephone operators,
bookkeepers, pay-roll clerks, timekeepers, and checkers, excluding
secretaries to executives, and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act. '
I
V. THE DETERMINATION OF REPRESENTATIVES
The Company asserts that two of the bookkeepers, Eldene Preston
and Ada Hoben, supervise the work of others "to a limited extent."
There are three bookkeepers, whose'duties we described in greater de-
tail in the preceding Section, in the Company's employ. In the per-
formance of such duties, Preston and Hoben are at times assisted by
other clerical employee's, whom they instruct and "supervise . . . to
see that the work is done properly." While a Company official testi-
2 Those employees who are engaged in this type of work in the Company 's, offices are
referred to by it interchangeably as pay-roll clerks and timekeepers , while those who per-
form their duties in the plant are referred to as timekeepers and as checkers.
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BLACKMER PUMP COMPANY _1493
fled to the conclusion that Preston and Hoben can effectively recom-
mend the hire or discharge of employees, he also testified that he was
not able to cite any specific instance of such action, but that he recalled
Preston and Hoben having, on several occasions, stated as to certain'
clerks assisting them, that "'these girls aren't competent' and that
they should be replaced," and that the changes were thereafter made
by the office manager, supervisor over the bookkeepers. The same
official also testified later that changes in the status of employees were
made upon recommendation of Preston and Hoben. It is evident,
however, that Preston and Hoben are not supervisory employees and
do not possess or exercise functions normally associated with and
indicative of supervisory status. At best, Preston and Hoben may
have suggested that certain clerical employees assigned to assist them
at bookkeeping were not satisfactorily performing those tasks and
should be replaced in those functions by others. There is nothing in
the record to indicate, that these temporary assistants were discharged
from the Company's employ or that they suffered a change in their
regular jobs as a result of Preston's or Hoben's dissatisfaction with
their temporary performances at bookkeeping. We find that Preston
and Hoben are not supervisory employees, that they are within the
appropriate unit, and that they are eligible to participate in the
election.
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.
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
-Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Blackmer Pump
Company, Grand Rapids, Michigan, 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 Seventh Region, acting in this mat-
ter 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
1494 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
date, of this Direction, including employees who did not work during
the said pay-roll period because they were ill or on vacation or tempo-
rarily 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 ands
have not been rehired or reinstated prior to the date of the election,
,to determine whether they desire to'be represented by Local 828, Inter-
national Union, United Automobile, Aircraft'and Agricultural Imple-
ment Workers of America, UAW, affiliated with the Congress of ,
Industrial Organizations, for the purposes of collective bargaining.'
I