Central Tool and Die Co.Download PDFNational Labor Relations Board - Board DecisionsMay 9, 194456 N.L.R.B. 389 (N.L.R.B. 1944) Copy Citation In the Matter of CENTRAL TOOL AND DIE COMPANY and UNITED ELEO- TRIOAL, RADIO AND MACHINE WORKERS OF AMERICA Case No. 9-R-1364.-Decided May 9, 19441 Mr. Joseph L. Lair, of Dayton, Ohio, for the Company. Messrs. Henry Fierimg and John Thomas, of Dayton, Ohio, for the - Union. Mr. Joseph G2ibbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by United Electrical, Radio and Machine Workers of America, herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of the Central Tool and Die Company, Dayton, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Allen Sinsheimer, Jr., Trial Examiner. Said hearing was held at Dayton, Ohio, on March 23, 1944. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing 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 opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1 I. THE BUSINESS OF THE COMPANY Central Tool and Die Company is located at Dayton, Ohio, where it is engaged in the manufacturing of precision tools. Annually, the Company purchases raw materials valued in excess , of $18,000, ap- proximately 10 percent of which is shipped to it from points outside ,the State of Ohio. The Company annually manufactures finished 56 N. L. R. B., No. 77. 389 390 DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD products valued in excess of $250,000, approximately 80 percent of which is shipped to points outside the State of Ohio. The Company admits "that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Electrical , Radio and Machine 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 Union has requested recognition of the Company as the collec- tive bargaining representative for certain of its employees. The Com- pany refuses to grant such recognition' on the ground that 'the -unit ,sought by the Union is inappropriate. A statement of the Field Examiner, introduced into evidence at the hearing, indicates that the Union represents a substantial number ,of employees in the unit hereinafter found to be 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 Union is petitioning for a unit comprised of all production, and maintenance employees of the Company, 'including the janitor, the shipping clerkcarpenter,,tlie crib attendant, and group leaders (other than those in the tool designing department), but excluding tool designers, guards, clerical, and supervisory employees. The Com- pany agrees generally with the scope of the,unit sought by the Union; however, it contends that tool designers and guards should be in-' eluded in the unit. The Company's principal operations are performed in its tool de- signing and tool `making departments. The record discloses that the employees of the tool designing department, classified as tool designers; are located,in a room segregating them from the remaining employees of the Company and are under separate supervision. The tool design- ers are engaged in planning, designing,'and drafting special manufac- turing tools, Technical training is required of such employees, and they receive a higher rate of pay than ordinary production and main- 1 The Field Examiner reported that the Union submitted 21 authorization cards, all of which + bear names of persons whose names are listed on a recently dated pay roll of the Company ; there are approximately 4,5 employees in the unit alleged by the Union to be appropriate. CENTRAL TOOL AND DIE COMPANY . 391 tenance employees.. There is no interchange of employees between the tool designing department and other departments of the Company, and there has been no attempt by the Union to organize the tool designers. - It is apparent that tool designers constitute a separate and distinct group, whose interests and duties are different from those of the pro- duction and maintenance employees.2 The Company employs 4 guards. They are neither militarized nor uniformed, but they carry arms. Their duties are those usually asso- cited with plant-protection employees.3 Since their duties and in- terests are different from those of the ordinary production and 'main, tenance employees and the Union desires their exclusion, we shall ex- clude them from the unit. There is a dispute over the status of employees Lester Basinger and Joe Wise.' The Union urges their exclusion from the unit on the ground that they 'are supervisory employees, while the Company con- tends that they should be included for the reason that their authority is similar to that of the group leaders,' whom the parties have agreed to include. The record shows that Basinger is listed on the Company's pay roll as a machinist, that he actually performs the functions of a machinist, and that he assigns work to and supervises 4 machinists. He has no authority to hire or discharge the employees under his su- pervision, and his recommendations with respect to them are not acted upon until such recommendations are thoroughly investigated by his superiors. We find that Basinger is not a supervisory employee, and we shall include him in the unit. With regard to Wise, the record shows that he is a tool inspector; that he inspects all finished products before shipment; that he has authority'to reject defective work. and to return such work to the re- sponsible employee; and that on numerous occasions, he takes the place of the assistant general manager, who is the head of the tool making department. Although it does not appear that Wise has the authority to hire or discharge any of the employees in the tool making department, it does appear, however, that his recommendations as to such employees are sufficiently effective to cause a change in their working status. We find that Wise is a supervisory employee, and as such, we shall exclude him from the unit. We find that all production and maintenance employees of the Company, including the janitor, the shipping clerk-carpenter, the crib attendant, and group leaders (other than those in the tool design- ing department), but excluding tool designers, guards, clerical em- ployees, and all supervisory employees with authority to hire, pro- 2 See Matter of The McKinney , Tool & Manufacturing Company, 51 N. L. R. B. 1050. They also spend a small portion of their time firing the Company's boiler. 4 From the record , it is clear that group leaders are not supervisory employees within the meaning of our customary definition. 392 DECISIONS OF NATIONAL-LABOR RELATIONS BOARD mote, discharge, discipline, or otherwise effect changes' in the status of employees, or effectively recommend such action,6 constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9• (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the questidn 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 daze of the Direction of Elec- tion herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION 1 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 repre- sentatives for the purposes of collective bargaining with Central Tool 'and Die Company, Dayton, Ohio, 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 Ninth 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 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 deter- mine whether or not they desire to'be represented by United Electrical Radio and Machine Workers of America, affiliated with the C. I. 0.,6 for the purposes of,collective bargaining. 6 Joe wise, discussed above, Orville King, chief tool engineer , and L. 0. Smith, assistant general manager , are supervisory employees and are excluded from the unit. 0 The Union requested that it be designated on the ballot as its name appears above. Copy with citationCopy as parenthetical citation