Brad Foote Gear Works, Inc.

National Labor Relations Board - Board Decisions

Jan 17, 1945

60 N.L.R.B. 97 (N.L.R.B. 1945)

In the Matter of BRAD FOOTE GEAR WORKS, INC. and UNITED ELECTRI-
CAL, RADIO & MACHINE WORKERS OF AMERICA, C. 1. 0., LOCAL 1114
Case No. 13-K-206. 4.-Decided January 17, 1945
Messrs. Henry E. Seyfarth, and Lee C. Shaw, of Chicago, Ill., for
the Company.
Messrs. Samuel Kushner and Gordon A. Colwell, of Chicago, Ill.,
for Local 1114.
Mr. Joseph J. Zyrkowski, of Chicago, Ill., for Pattern Makers.
Miss Ruth E. Bliefield, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT -OF T1IE CASE
Upon a first amended petition duly filed by United Electrical, Radio
& Machine Workers of America, C. I. 0., Local 1114,' herein called
Local 1114, alleging that a question affecting commerce had arisen
concerning the representation of employees of Brad Foote Gear Works,
Inc.,' Cicero, Illinois, herein called the Company, the National Labor
Relations Board provided for an-appropriate hearing upon due notice
before Benjamin B. Salvaty, Jr., Trial Examiner. Said hearing was
held at-Chicago, Illinois, on November 21 and 24,1944. The Company,
Local 1114, and Pattern Makers League of North America, Chicago
Association,3 herein called the Pattern Makers, appeared and partici-
There is now pending before the Board an unfair labor practice charge, Case No 13-C-
2456, filed by Local 1114 against the Company Local 1114 has, however, filed a waiver
of its right to object, on the basis of the alleged untair labor practices, to an election held
in this case _
a The name of the Company appears as it was amended at the hearing.
3 At the beginning of the hearing Local 1114 and the Company agreed to exclude the
employees in the pattern shop However, later in the hearing Local 1114 changed its
position and requested their inclusion The Trial Examiner thereupon adjourned the hear-
ing until November 24, 1044, to enable the Pattern Makers to enter an appearance Upon
resumption of the hearing the Pattern Makers appeared and stated that, after investiga-
tion, it had determined that the Company did not employ any pattern makers, but had its
patterns made by subcontractors, and that the Pattern Makers had no interest.
60 N. L. R. B., No. 19
628563-45-vol . 60-8 97
98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pated. All parties were afforded full opportunity to be heard, to ex-
amine-and cross-examine witnesses, and to introduce evidence bearing
on the issues. -
The'Company, at the beginning, and again at the close of the hear-
ing moved to dismiss the petition on the ground that Local 1114 had
failed to make a sufficient showing of representation among the em-
ployees in the unit petitioned for. For the reasons discussed in Sec-
tion III, below, the motion is hereby denied.
The Trial Examiner's rulings made at the hearing are free from pre-
judicial error and are hereby affirmed. All parties were afforded
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 THE COMPANY
It was stipulated at the hearing that Brad Foote Gear Works, Inc.,
is a Delaware corporation, maintaining its main office and plant in
Cicero, Illinois, where it is engaged in the manufacture of gears.
During the past 12 months the Company purchased in excess of
$2,500,000 worth of raw materials in component parts, forgings. cast-
ings, bar stock, etc., in excess of 85-percent of which was shipped
to the Company from points outside the State of Illinois. During
the same period the Company manufactured and shipped in excess of
$7,000,000 worth of finished products, approximately 95 percent of
which was sold and shipped to customers outside the State of Illinois.
The Company' admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, C. I. 0.,
Local 1114, is a labor organization admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 25, 1944, Local 1114 requested that the Company rec-
ognize it as the exclusive bargaining representative of the employees
in the unit petitioned for. The Company refused to grant recogni-
tion until Local 1114 has been certified by the Board in an appropriate
unit. -
BRAD FOOTE GEAR WORKS, INC. 99
A statement of a Board agent, introduced into evidence at the hear-
ing indicates that Local 1114 represents a substantial number of em-
ployees in the unit hereinafter 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 Company has a two-story plant and a warehouse, which is
located 3 blocks from the plant proper. The entire first floor of the
plant is composed of the various production departments, including the
.shipping and receiving rooms, and some factory offices. The main
office of the Company, the wood shop, and some of the production de-
partments are on the second floor.
The Company and Local 1114 agreed to a unit consisting of all
production and maintenance employees at the plant and warehouse,
including inside truck drivers,' set-up men, shipping department em-
ployees, receiving department employees, tool crib attendants, and
painter, but excluding first aid employees, employment department
employees, outside truck drivers, guards,6 draftsmen, research em-
ployees, chemists, metallurgists,' engineers, all clerical and office
employees in the general and factory offices,' chief inspector, assistant
4 The Field Examiner , reported that Local 1114 submitted 429 authorization cards, 268
,of which bore the names of persons listed on the Company's pay roll, which contained the
names of 873 employees. The cards were dated as follows
1 D,[ay 1042 18 October 1943 29 April 1944 9 September 1944
1 March 1943 14 November 1943 51 May 1944 34 were undated
1 May 1943 15 December 1943 10 June 1944
1 June 1943 1 Febinary 1944 14 July 1944
5 September 1943 44 March 1944 30 August 1944
At the hearing Local 1114 submitted 52 additional cards, 33 of which , dated October
and November 1944, bore the names of employees on the pay roll , making a total of 301
cards
As stated in Section I supra , the Company moved to dismiss the petition on the ground
that there was an insufficient showing of representation to warrant an election , inasmuch
as 41 cards are over a year old. We find no merit in the Company's contention Even if
the 41 cards were not relied upon to establish Local 1114's showing of representation, it
still has a showing of almost .30 percent, which is deemed to be substantial The motion
to dismiss is therefore, denied., See Matter of H G. Hill Stores, Inc., Warehouse, 39
N L R. B 874.
5It was agreed that outside truck drivers should be excluded from the unit The inside
truck drivers move materials from one department to another in the plant , and are under
the supervision of the general foreman . The outside truck drivers haul material to and
-from railroad depots, the warehouse , and customers located in the Chicago area They are
under the supervision of the shipping clerk
s All guards employed by the Company are deputized and militarized
z The Company does not at present employ a chemist or a metallurgist , but subcontracts
-all such work
8 This includes certain employees doing clerical or secretarial work for the factory man-
ager and some of the foremen and supervisors . Even though such employees are on the
-factory pay roll, the parties agreed they should be excluded as being more closely allied
with the office force.
100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
chief inspector, foremen, assistant foremen, and all and any other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees or
effectively recommend such action. The parties were not agreed, how-
ever, as to janitors, timekeepers, inspectors, tool inspectors, production
control and tool crib department employees, the Company desiring
their exclusion and Local 1114 their inclusion.
Janitors: The Company employs four janitors; three perform
janitor services exclusively in' the main office on the second floor, and
one spends about 90 percent of his time there, and the balance of his
time cleaning the factoryoffices on the first floor. All the janitors
work after office hours, are paid hourly, and are under the office man-
ager's supervision. They are not interchangeable with the sweepers
who perform janitorial services in the plant and clean the machines,
nor do any of them perform-their services in the plant. The Company
agreed with Local 1114 on the inclusion of sweepers, but would exclude
janitors from the unit on the ground that office janitors are confidential
employees, since they have access to confidential records on or in the
desks of the offices -they are cleaning. We find no merit in this con-
tention.9 The office janitors do not have access to any confidential
information during the normal course of their duties and any janitor
who did use such material would be considered to have violated the
duties of his position and would be subject to disciplinary action.
Since there is no functional variance between the, work of the office
janitors and the sweepers and no separate unit would be feasible for
these employees, we shall include the office janitors in the unit ]0
Timekeepers: The Company employs 17 timekeepers who are under
the supervision of 2 overseers. The overseers report to the pay-roll
manager, who, in turn, reports to the office manager. The timekeepers
prepare and maintain time job tickets for each machine operator as
he starts and finishes a job, and keep each employee's attendance
record. The time job records are sent to the cost department and the
attendance records to the pay-roll department. Each timekeeper
works at a desk in a production department in the plant. Local 1114
would include, the timekeepers, while the Company would exclude
them as confidential employees. These employees do not have access
to personnel records, and the record indicates that the information
on the time cards is available to or known by other employees in pro-
duction department. 'It is clear therefore, that the timekeepers are not
confidential employees within the meaning of our customary defini-
tion.11 However, we are of the opinion that their functions character-
ize them as essentially clerical employees. They are under the same
9 Matter of Aluminum Company of America, 54 N L R B 834
10 See Matter of Panpborn Coopooatton. 5.1 N L Ii B 79
11 See Matter of Creamery Package Co , 34 N. L It B 108
BRAD FOOTE GEAR WORKS, INC. 101
supervision as the clerical employees, whom the parties agreed to ex-
clude, and it would appear that there is a closer community of interest
with the timekeepers and the office employees, than with the production
and maintenance workers. We shall therefore exclude the timekeepers
from the unit.'2
Inspectors: The Company employs 92 inspectors, all of whom it
desires to exclude from the unit, as confidential employees, while Local
1114 desires their inclusion. All inspectors ate paid on an hourly
basis, and their rate of pay corresponds to that of machine operators.
The inspectors are given a 2-week class room training period, followed
by 3 or 4 weeks' training in the plant, after which they do regular in-
spection under a so-called supervisory inspector. The group is divided
into bench and line inspectors, who are interchangeable, final in-
spectors, and supervisory inspectors. Line inspectors are assigned to
a certain department, and perform their inspection, with instruments,
on the products as they move from machine to machine. The bench
inspectors conduct spot checks at various stages of production by
removing a product from a machine and carrying it over to a bench
located in the department, where the inspector determines whether
the product meets specifications. The final inspectors are segregated
in an enclosure at the end of the plant where they conduct a more
thorough inspection of finished products.
The 23 supervisory inspectors spend about 50 percent of their time
inspecting and the rest of their working time overseeing and checking-
the work of the other inspectors and training new inspectors. The
rate of pay is higher than that of the bench and line inspectors, and
the Company's witness stated that they can make recommendations
as to discharge and as to changes in rates of pay, although they cannot
hire or discharge other, inspectors. We are, however, of the opinion
that these employees are essentially instructors, and their so-called
supervisory authority is no different from that possessed by any other
employee with extended experience. It is to be noted that one out
of every four inspectors is classified as a supervisory inspector, and
while all-the other employees of the Company who are classed as
supervisors spend 80 percent of their time in supervision, the em-
ployees in question spend only 50 percent of their time in overseeing
,and checking the work of the other inspectors. We shall therefore in-
clude all inspectors except the chief inspector, in the appropriate
unit, since it appears that their work brings them in close contact
with the production employees, and their interests are allied with
those of the other production employees.13
12 platter of Aluminum Forgmngs, Inc., 53 N L R B 1054
11 See Matter of Westinghouse Electric and Manufacturing Co, 50 N L. R. B 427;
Matter of Snead h Company, 55 N. L. R. B. 1207.
102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Tool Inspection Department: The Company desires the exclusion of
the employees in the tool inspection department, and Local 1114 their
inclusion. The employees in this department check and inspect for
accuracy the tools used by the inspectors and repair such tools when
necessary. All are paid on an hourly basis. Two individuals in this
department collect the tools-from the-inspectors and record when they
were checked and repaired. They are under the supervision of the
factory manager. The other three employees spend all their time
in checking and repairing tools. They work exclusively in the tool
inspection department at one end of the plant, and are under the
chief inspector's supervision. We perceive no valid reason for the
exclusion of the tool inspection department employees and shall there-
fore include them within the unit.
Production control employees or expediters. Most of the employees
in this department were formerly employed by.the Company as sales-
men, and are in this department for the duration of the war. They
obtain copies of shop orders, requisition the necessary material for
the order, and see to it that such material is received from the pur-
chasing department. They maintain a follow-up on each job to see
that it is completed as quickly as possible, and instruct the foremen
as to the jobs that are to be worked on. These employees keep rec-
ords in a master file of the progress of each job, and advise customers
when they desire to know the status of a particular job. They are
employed under the supervision of the production manager, and their
offices are outside his office in the factory office. Some are paid at an
hourly rate, and others weekly. Local 1114 terms these employees
expeditors and would include them, while the Company contends that
they are 'production control employees and occupy a confidential
relationship to the Company and requests their exclusion. The in-
formation possessed by production control employees, although con-
fidential in the sense of constituting trade secrets, nevertheless does
not pertain to employee-management relations. However, since it
appears that the duties of these employees are dissimilar to those of
the production and maintenance workers, we shall exclude them from
the unit.14
Blueprint clerks: The Company employs two girls who deliver
blueprints to the machine operators, check on their return and see
that they are properly filed. They work in a cage near the engineer-
ing department, and are under the supervision of this-department,
are hourly paid, and are on the factory pay roll. The Company de-
sires their exclusion, and Local 1114 their inclusion. Since it appears
that the blueprint clerks are in daily contact with the production and
14 See Matter of Julien P. Friez & Sons, Bender Aviation Corp., 47 N L R. B. 43.
BRAD FOOTE GEAR WORKS, INC. 103
maintenance employees and their interests are closely allied to those
of the production and maintenance employees, we shall include-them
in the unit 15
Pattern or wood shop: At the beginning of the hearing the Com-
pany stated it had a pattern shop on the second floor in which it em-
ployed two pattern makers, two helpers, and two carpenters. Later
in the hearing it was determined that the designation pattern shop
is a misnomer , and the department is more accurately designated as
a wood shop. No patterns are made in the Company's plant, but the
wood shop employees make only repairs on patterns. The Company,
the Pattern Makers, and Local 1114 agreed that these employees
are properly included in the unit herein found appropriate, as pro-
duction and maintenance employees. We so find.
In accordance with agreement of parties and our foregoing deter-
minations, we find that all production and maintenance employees at
the Company's plant and warehouse, including set-up men, janitors
and sweepers, inside truck drivers, painter, woodshop employees, in-
spectors, tool inspectors, tool crib attendants, receiving department
employees, shipping department employees, and blueprint clerks, but
excluding timekeepers, expediters or production control clerks, outside
truck drivers, all office and clerical employees, first aid employees, em-
ployment department employees, guards, draftsmen, engineering de
partment employees, chief inspector, assistant chief inspector, fore-
men, assistant foremen, and all or any 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.
The Company moved that, in the event an election is directed, the
Board prepare and send ballots to the Company's employees in the
armed forces. In accordance with the policy set forth in the Matter
of Mine Safety Appliance Company '16 this motion is hereby denied.
16 See Matter of Goodman Manufacturing Company , 58 N L. R. B. 531 , Matter of Servet,
Inc, 58 N L R B. 5
16 See Matter of Mine Safety Appliances Company, 55 N. L R. B. 1190
104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Relations
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 Brad Foote Gear
Works, Inc., Cicero, Illinois, an election by secret ballot shall be con-
ducted 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 em-
ployees -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 during 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
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, to
determine whether or not they desire to be represented by United
Electrical, Radio & Machine Workers of America, Local 1114, affiliated
with the C. I. 0., for the purposes of collective bargaining.