Century Electric Co.

National Labor Relations Board - Board Decisions

Mar 3, 1964

146 N.L.R.B. 232 (N.L.R.B. 1964)

:232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
However, should the very limited preprint production increase, as
appears to be inevitable, the "efficiency" picture is certain to change,
and on this aspect of the case the record is silent. The record is also
.silent as to what economies, if any, would be realized by the assign-
ment of the disputed work to either of the unions. -
In the final analysis it appears that this dispute grew out of the
Employer's introduction of a new process which prepares its product
in a different final form, albeit a form which now has a striking re-
.semblance to part of the "raw material" used in producing the prod-
uct. Nevertheless, the wrapping, labeling, and shipping functions
must still be performed on that product. Those functions have tradi-
tionally been the functions of the employees of the Mailers unit.
Accordingly, we shall determine the existing jurisdictional dispute
by assigning the work of wrapping, labeling, and handling of pre-
print to the bargaining unit currently represented by the Mailers.
In making this determination, we are assigning the disputed work to
employees represented by the Mailers, but not to the Mailers or its
members. Our present determination is limited to the particular
controversy which gave rise to this proceeding.
DETERMINATION OF DISPUTE
Upon the basis of the foregoing findings and the entire record in
this case, the Board makes the following determination of dispute,
pursuant to Section 10 (k) of the Act:
Employees classified as mailers, currently represented by Detroit
Mailers Union No. 4, International Mailers Union, are entitled to the
work of wrapping, labeling, and handling of rolls of printed news-
print known as preprint, from the point at which the preprint is de-
cored to the point at which it is removed from the floor of the building
and related duties at the Employer's plant located in Detroit,
Michigan. -
Century Electric Company and Century Foundry Company and
International Brotherhood of Teamsters , Chauffeurs, Ware-
housemen and Helpers of America , Petitioner . Cases Nos.
14-RC-4659 and 14-EC-4664. March 3, 1964
DECISION ON REVIEW AND DIRECTION OF
ELECTIONS
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held before Hearing Officer
Joseph H. Solien. The Hearing Officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
146 NLRB No. 25.
CENTURY ELECTRIC COMPANY 233
On October 11, 1963, the Acting Regional Director for the Four-
teenth Region issued a Decision and Direction of Election in the
above-entitled proceeding. Thereafter, Local 1108, International
Union of Electrical, Radio and Machine Workers, AFL-CIO,1 which
had intervened in this proceeding on the basis of its contractual
interests, filed with the Board a timely request for review of the
Decision and Direction of Election; in accordance with Section 102.67
of the Board's Rules and Regulations, Series 8, as amended, alleging
that the Regional Director's unit determinations were erroneous and
his direction of election improper. With respect to the latter, the
Intervenor alleged that a free and fair election could not be held by
reason of the pendency of an order of a circuit court of the county
of St. Louis forbidding pendente lite the holding of membership
meetings of Intervenor without court approval, or expenditure of
Intervenor's funds for the purpose of campaigning for votes in a
Board-conducted election.
The Board by telegraphic order dated November 13, 1963, granted
the request for review of the Regional Director's direction of election
with respect to the unit findings therein, and stayed the election?
The Intervenor and the Employer filed briefs on review.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman McCulloch and Members Fanning and
Brown].
The Board has considered the entire record in this case with respect
to the Regional Director's determination under review, and the posi-
tions of the parties as set forth in their briefs on review, and makes
the following findings :
1. Century Electric Company and its division, Century Foundry
Company, the Employers herein, are incorporated in Missouri with
their principal offices located in St. Louis, Missouri. ' Century Electric
Company is engaged in the manufacture of electric motors and gen-
ierators, and Century Foundry Company is engaged in the business
of forging gray iron castings. During the preceding 12-month period,
each shipped goods valued in excess of $50,000 from points in the
State of Missouri to points located in other States of the United
1 Hereinafter referred to as the Intervenor.
2 The Board's failure specifically to grant review herein with respect to allegations re-
lating to the outstanding court order was not intended to foreclose Board consideration
of this issue. In considering this issue, however , we find that while there are certain
equities which favor the Intervenor, the evidence in this case is not conclusive on the
question whether there has been a substantial impediment to the Intervenor 's ability to
carry on an election campaign . Furthermore , we are administratively advised that the
issues in the civil action may be resolved by the time our decision herein issues. In view
of all circumstances in the case , we shall instruct the Regional Director to conduct
elections in the units herein found appropriate at such time as, in his judgment, he
determines that free, fair, and uncoerced elections can be held.
234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
States. The parties agree and we find that Century Electric Company
and Century Foundry Company are engaged in commerce within the
meaning of the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employers.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employers, within Section 9(c) (1)
and Section 2(6) and (7) of the Act.
4. The appropriate units: The Petitioner seeks a unit of production
and maintenance employees at Century Electric, and a separate pro-
duction and maintenance unit at Century Foundry. The units re-
quested are the same units which have been covered by collective-
bargaining agreements between each Employer and the Intervenor
for more than 25 years.
While corporately affiliated, Century Electric and Century Foundry
are conducted as separate enterprises. There is no interchange of
employees 'between Century Electric and Century Foundry; their
plants are geographically separate; the products, operations, and
terms and conditions of employment of each differ; personnel policies
and administration are separately formulated and handled. No party
seeks a single, two-plant unit.
The parties generally agree that the existing units of production
and maintenance employees are appropriate, and have, stipulated to
the inclusion of certain currently unrepresented employees within
the Century Electric unit.' However, the Intervenor now seeks to
add other categories of employees, heretofore excluded, to each unit.
Specifically, at Century Electric, the Intervenor would include the
following classifications : technicians in the alternators and special
apparatus section, fractional horsepower section, and engineering
laboratory; lab testers in the engineering laboratory; technical clerks
in production engineering'; layout men, detailers, blueprint machine
operator, and blueprint clerk in the engineering service section; tool
and die designers in the tool and die design section; engineers, die
casting, winding, and plant layout in the manufacturing engineers
section; process planners and tool layout men in the processing tool'
layout section; a methods engineer in sample motors; production
planners, tag typists, and office machine operator in the production
control department; printing pressmen and counterwoman in the pur-
a All the parties agree to the inclusion of a clerk, a shipping clerk, and an assistant
shipping clerk in the shipping department of Century Electric who are currently un-'
represented. They are hourly paid and share the same work hours and the same time-
clock with unit employees. As the record in this regard supports the agreement of the
parties, they will be included.
The parties further agree to include an employee named Reed, formerly an expediter in
the production control department; who now occupies the'newly created position of parking'
lot attendant. In agreement with the parties, we'shall include the parking lot attendant'
in the unit. I
CENTURY ELECTRIC COMPANY 235
chasing department; mailroom clerks in credit and collection; and
payroll clerks in the controller's department. It would also include
within the Century Foundry :unit.a purchasing clerk, a payroll clerk,
two production control clerks, two laboratory technicians, and a
timekeeper.
The Intervenor contends that their prior exclusion has resulted
from a haphazard development of presently existing bargaining
units, but that they nevertheless perform functions similar to those
of, and have a community of interests with, the production and main-
tenance employees. The Petitioner opposes inclusion of the payroll
clerks at Century Electric and the purchasing clerk and payroll clerk
at Century Foundry, but takes no position as to the remaining classi-
fications. The Employer, however, asserts that the classifications in
dispute consist of technical, professional, or office clerical employees,
substantially all of whom are salaried employees, and should, there-
fore, continue to be excluded.
Insofar as we are here concerned with'the unit placement of techni-
cal employees, the Board has held that technical employees will not
be excluded automatically from production and maintenance units
whenever the parties disagree as to their inclusion 4 Nor is the mere
difference in method of payment a basis for excluding employees
from a unit in which they may otherwise appropriately be included.'
Rather, the inclusion or exclusion of employees in the above classi-
fications is dependent upon the presence or absence of a community
of interests with the production and maintenance employees. Accord-
ingly, we shall proceed hereinafter to examine the relevant factors
relating to their community of interests.
a. Century Electric Company
The current production and maintenance unit is composed of ap-
proximately 750 weekly paid, hourly rated employees who are en-
gaged in the production of electrical motors and generators at the
Employer's complex of buildings in St. Louis, Missouri. The em-
ployees herein sought to be included by the Intervenor approximate
60 employees.
Engineering Department
Lab testers, technician, and clerk-engineering laboratory: The
five lab testers use meters and hand tools to test and adjust experi-
mental motors. They do not possess the specialized knowledge or
training necessary to meet the Board's definition of 'a "technical"
employee.e They perform work similar to that performed by pro-
4 The Sheffield Corporation , 134 NLRB 1101.
5 Armour and Company, 119 NLRB 122, 123.
0 Litton Industries of Maryland , 125 NLRB 722.
236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duction employees in comparable classifications, earnings are gener-
ally at the same level as the production employees, and their work
requires frequent contacts with bargaining unit employees who are
part of and located in the adjacent experimental department. An
employee classified as a technician and one as a clerk work with the
lab testers. The technician selects and applies heat protective devices
to motors undergoing. tests. Like the lab testers, the technician
possesses no specialized knowledge or training. The hourly paid
clerk schedules the tests, records results thereof, and maintains an
inventory of all test apparatus. His duties are essentially those of.
a plant clerical employee. We find that the above employees clearly
have interests in common with the production employees. Accord-
ingly, we shall include the lab testers, the technician, and clerk in the
engineering laboratory in the unit 7
Senior and junior layout men, senior and junior detailers, blueprint
machine operator, and blueprint clerk-engineering service : All of
the employees in these classifications are concerned with the prepara-
tion and submission of layouts and drawings of modifications of pro-
duction parts in response to requests by the engineering design or
production engineering sections. They are stationed in the engineer-
ing office and most of their contacts are limited to professional em-
ployees. The senior layout men have college certificates in drafting,,
work with professional design engineers, and exercise independent
judgment; the junior layout men are studying toward a college cer-
tificate and possess sufficient experience to work without supervision;
and the senior and junior detailers have studied drafting through
specialized high school courses or in drafting schools. We find on
the above facts that the layout men and detailers are technical em-
ployees.' As the record shows that their interests are more closely
allied with professional employees, we shall exclude these technical
employees from the unit. The blueprint machine operator spends 90,
percent of his time operating a machine which copies blueprints onto.
sensitized paper by a direct contact process, and the remainder of
his time is devoted to filing tracings which have been copied. The
blueprint clerk assists the machine operator by sorting requests for
copies of tracings, recording each request as it is filled by the blue-
print machine operator, and resorting the copied tracings for distri-
bution to the plant or office. Both employees work with, and under
the same supervision as, the detailers and layout men, primarily han-
dling the blueprints prepared by these technical employees. Because
of their close association with the layout men and detailers who are
7 Transformer Engineers, 114 NLRB 1325, 1328.
8 Litton Industries of Maryland, supra, at 725; Allis Chalmers Manufacturing Com-
pany-Pittsburgh Works, 128 NLRB 87, 89.
CENTURY ELECTRIC COMPANY 237
excluded from the unit, we shall also exclude the blueprint machine,
operator and blueprint clerk.'
Technical clerks-production engineering section: These seven in-
dividuals receive incoming orders for motors for which no single-
design identity is filed. Their function and duties are to search-
through a computer machine listing of bills of material for existing
mechanical and electrical designs which can be "mated" and used by-
production departments. Their work is thus related principally to,
production work. Their duties are repetitive, requiring neither spe-
cialized training nor independent judgment. We find that the -tech-
nical clerks are not technical employees.10 In view of the foregoing,.
we shall include them in the unit.
Technicians-alternators and special apparatus section: There are
two technicians in this section. One technician spends approximately
25 percent of his time in production areas performing tests on experi-
mental alternators and observing tests performed by other employee
testers. The remainder of his time is devoted to gathering data and
analyzing and recording test results at his desk in the engineering-
office. The other technician performs primarily similar work on
special apparatus such as direct-current machines designed to operate
machine tools. In minor part he functions as a serviceman, visiting-
customer installations to check on and rectify any malfunctioning
equipment of the Employer. There is no evidence that these jobs,
require specialized training usually acquired in colleges or technical
schools. We find in these circumstances that the technicians in the
alternators and special apparatus section are not technical employees.
Since their work in substantial measure is related to production
work, we shall include them in the unit.
Technician-fractional horsepower section: The employee in this-
classification works in the engineering office under the supervision
of a professional engineer. However, his function and duties are to
gather data for the mechanical design of special types of mountings.
and brackets. The nature of his work is such as to require him periodi-
cally to go into production areas to check fittings and mountings.
There he comes in frequent contact with production employees. There.
is no evidence that this employee must possess or exercise any technical
skills. In view of the foregoing, we find that his interests are sub-
stantially allied with those of the production employees for which
reason we shall include him in the unit.
Standards Department
Engineers, die casting, winding, and plant layout-manufacturing
engineers section: Employed in this section are three employees classi-
0 The Sheffield Corporation, supra, at 1106.
10 See The Yale & Towne Manufacturing Company, 135 NLRB 926 , 933 (planner , special
application).
238 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD
fled as die casting, winding, and plant layout engineers and three
graduate engineers. These six employees occupy adjoining desks in
the engineering office and work under the supervision of the chief
manufacturing engineer. The die casting man designs tools and dies
to be used for die casting various products. In determining the size
and contours of tools and dies, he is required to exercise judgment
based on his knowledge of physical properties of metals under varying
conditions of heat and stress. The winding employee designs jigs,
fixtures, and motor-winding processes for stator coils and armature
coils. _ The function of the plant layout man is to determine the
location of machines and the installation of machine mountings and
conveyors for production efficiency. Although he goes into produc-
tion areas frequently to observe the placement of equipment and flow
of production, most of his time is spent at his desk or at a drawing
board drafting machine layouts or initiating tool orders. The die
casting and winding employees have completed college courses in
mathematics and advanced drafting. There is no record evidence of
the plant layout employee's formal education. However, the testimony
shows that at the time of his hire he was superintendent of an elec-
trical motor manufacturing plant and designer of motors, and that
he was hired to replace a graduate engineer as plant layout man.
Thus, as these three employees are required to possess and exercise
specialized knowledge, we find that they are technical employees. As
technical employees, their earnings are substantially higher than
bargaining unit personnel. Although they occasionally visit produc-
tion departments, the purpose of such visits is to consult with super-
vision about engineering design problems, and requires little, if any,
contact with production employees. Since it is apparent that they
possess a greater community of interest with the professional em-
ployees, we shall exclude the die casting, winding, and plant layout
engineers from the unit. As for the three graduate engineers, the
record indicates that each possesses a graduate degree in either electri-
cal, mechanical, or industrial engineering. Each. performs functions
similar to those of the employees discussed above, except that the
graduate engineers are concerned with electric power, heat-treating
methods, and manufacturing methods, respectively. It thus appears
that their work clearly calls for the exercise of at least technical, if
not professional, skills and that their interests are separate and apart
from production and maintenance employees. We shall therefore
exclude the three graduate engineers from the unit.
Tool and die designers-tool and die design section: There are five
individuals who design tools, dies, and fixtures for production under
the direct supervision of design engineers. On occasion they go into
production areas to check on proper functioning of tools and dies,
CENTURY ELECTRIC COMPANY 239
to measure dimensions of machines and parts, and to consult with
production supervision concerning necessary modifications in design.
In addition to a high school diploma, they are required to have com-
pleted courses in college mathematics and drafting, and to have
acquired a thorough knowledge of machine design and function in
order to qualify for their particular jobs. At present two of the five
designers are beginners whose earnings, as beginners, are comparable
to production employees, but the remaining designers earn substan-
tially higher wages. We find that the tool and die designers are
technical employees. As the designers work closely with profes-
sionals and under professional supervision while performing a tech-
nical engineering function, we find,that their community of interest
differs sufficiently from production employees to warrant their ex-
clusion from the production and maintenance unit.ll Accordingly,
we shall exclude the designers in the tool and die design section from
the unit.
Process planners, tool layout employees-processing tool layout
section: The three process planners issue tool orders, route parts, and
otherwise generally plan the work of the machining subassembly,
and punch-press departments. The three tool layout men prepare
a detailed layout, similar to a blueprint, for the use of production
employees, specifying the kinds of tools, holding fixtures, speeds, and
feeds which mustbe used. The tool layout men also physically set
up production machinery and instruct the production setup men in
the use of certain equipment. They spend more than half of their
time in production departments checking on tool setups and holding
devices, and discussing mutual problems with foremen, setup em-
ployees, and machine operators. All of these employees make mathe-
matical calculations and exercise independent judgment with respect
to speeds, tolerances, setup time, and cost factors. They are required
to have the experience equivalent of 2 years of college training, in-
cluding college level courses in mathematics and' drafting. We find
that they are technical employees.12 However, their duties, as the
record shows, are closely related to production and they have sub-
stantial contact with production employees. For these reasons we
find that although they are technical employees, they are appro-
priately a part of 'the production and maintenance unit. Accord-
ingly, we shall include the process planners and tool layout
employees in the unit.
Methods engineer-sample motors section: There is one employee
in this classification who works, under supervision, at a desk in the
n The Sheffield Corporation, supra.
12 The Budd Company, Automotive Division, Gary Plant, 136 NLRB 1153 , 1154 (plant
layout draftsmen).
744-670-65-vol. 146-17
240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
engineering office. However, he spends half the time in the plant
expediting production of customer orders for sample motors in order
to obtain volume orders from the particular customers. In the per-
formance of his duties, he is frequently called upon to utilize tech-
nical knowledge such as he acquired from college courses in
alternating-current and drafting calculations. Because of the "rush"
nature of his job, he must work from hastily drawn engineering
sketches and consult with engineers in order to clarify design re-
quirements for production employees and to gather the required parts
and tooling for them. We find that the methods engineer is a tech-
nical employee.13 Since his responsibilities also include assembling,
testing, and shipping the sample motors, he frequently physically
carries parts between departments, performs tests, and makes adjust-
ments on the motors. In view of the similarity of his duties with
production employees and his frequent contact with them, we find
that his interests are more closely allied with the interests of the
production employees for which reason we sha11 include the methods
engineer in the unit.
Production Control Department
(Production planners, tag typists, and o ffiee machine operators-
production control department: there are five production .planners.
Their main duties are to break down customer orders into their re-
quired component parts, and then requisition these parts from pro-
duction departments and from inventory. These orders and parts are
then sent to assembly departments. They maintain frequent contact
with production supervisors to check on production schedules. The
two tag typists prepare piece-rate tags to be used by the production
employees in the various stages of production and on the basis of
which their piece-rate earnings are computed. The office machine
operator operates three types of duplicating machines in the same
locations as the above employees and is hourly paid. Although all
of the production control department employees are located in a
general office area, their work is essentially related to production
operations. We find for this reason that the production planners,
tag typists, and office machine operator are plant clerical employees.14
We shall therefore include them in the unit.
Credit and Collection, Controllers, and Purchasing, Departments
Printing pressmen and' counterwoman-purchasing department:
Two printing pressmen and a counterwoman work in an area desig=
18 Waldorf Instrument Company, 122 NLRB 803 , 808 (shop controllers).
1s Baltimore Gas and Electric Company, 138 NLRB 270, 271-272; FWD Corporation,
138 NLRB 386, 391.
CENTURY ELECTRIC COMPANY -241,
nated as the print shop on the sixth floor of Building I. The press-
men set type and operate and maintain presses which print the Em-
ployer's various forms and publications. The counterwoman keeps
an inventory of, and fills requests for, forms, paper, and supplies
used in the print shop. These employees are located near, and have
frequent contacts with, the production employees. The work of the
pressmen is essentially related to work of production employees and
the duties of the counterwoman are essentially those of a plant clerical.
In view thereof, we shall include them in the unit.i5
Payroll clerks-controller's department: There are four payroll
clerks who work under the supervision of the payroll department
manager. They work in a general office area, recording and maintain-
ing records from data received from timekeepers. We find that their
duties are clearly those of office clerical employees. In line with our
customary policy, we shall exclude the payroll clerks from the pro-
duction and maintenance unit.'6
Mailroom clerks-credit and collection department: The two mail-
room clerks work in a general office area receiving and sorting mail
which is distributed to the various departments by a mail clerk. As
they share similar duties and working conditions and are located with
office clerical employees, we shall exclude the mailroom clerks from the
unit.
In view of the foregoing and on the record as a whole, we find that
the following employees 17 at Century Electric Company constitute
a unit appropriate for the purpose of collective bargaining within
the meaning of Section 9 (b) of the Act :18
All production and maintenance employees including timekeepers,
leadmen, group leaders, shipping clerk and assistant shipping clerk,
the parking lot attendant, process planners and tool layout employees
in the processing tool layout section, all of the employees in the
engineering laboratory, the technicians in alternators and special
apparatus and fractional horsepower sections , technical clerks in pro-
duction engineering section, the methods engineer in the sample motors
Is Wilson & Co ., Inc., 101 NLRB 1755 , 1757 ; Waldorf Instrument Company, 122 NLRB
803,. 807.
18 Weyerhauser Company, 132 NLRB 84, 86.
17 In addition to the foregoing, the record indicates that a shop scheduler ih the press
division has been excluded from the contract unit. Although the Intervenor asks for his
inclusion in the production and maintenance unit , the record lacks - evidence as to his
duties and interests . Since we can make no determination as to his proper placement,
we shall permit him to vote, subject to challenge.
Is We find , in agreement with the Intervenor , that the above-mentioned employees whom
we have included in the unit constitute a previously unrepresented fringe group whom no
other union is seeking to represent on a different basis. In our opinion , the previous ex-
clusion of these employees appears to have been a historical accident. As they would
have been included in the production and maintenance unit if their unit placement had
been presented to the Board originally , we find that they may properly be included' now
without granting them a self-determination election. D.V. Displays Corp., et al., 134
NLRB 568, 571 . Accordingly , we shall direct one election covering all of , the employees
at Century Electric found herein to be appropriately included in the unit.
242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
section, production planners, tag typists, and the office machine op-
erator.in production control, printing pressmen and a counterwoman
in the purchasing department, at the Employer's St. Louis, Missouri,
plant, but excluding the payroll clerks, mailing clerks and all other
office clerical employees, layout men and detailers in the engineering
service department, the die casting, winding, plant layout, and grad-
uate engineers in the manufacturing engineers section, the tool and
die designers in the tool and die design section, professional em-
ployees, guards, watchmen, foremen, assistant foremen, subforemen,
foreladies, and all other supervisors as defined in the Act. -
b. Century Foundry Company
Approximately 200 employees are engaged in forging gray iron
castings at the Employer's St. Louis, Missouri, plant. The Inter-
venor has represented the production, pattern repair, and mainte-
nance employees in the foundry for more than 25 years. As at Cen-
tury Electric, the bargaining unit employees are hourly paid while
other employees, with some exceptions, are salaried. The salaried
employees have different pay scales, different hours, separate work
locations, and enjoy certain additional fringe benefits.
The Intervenor now seeks to include a purchasing clerk, a payroll
clerk, a pattern clerk, two production control clerks, two laboratory
technicians,, and a timekeeper, heretofore unrepresented, within the
bargaining unit. - The Employer would exclude all of the above
employees and the Petitioner opposes the inclusion of the purchasing
clerk and payroll clerk on the ground that they are office clerical
employees, but takes no position as to the remaining classifications.19
Laboratory technicians: These two employees perform routine
mechanical and physical tests to analyze samples of the metals cur-
rently being poured by production employees. They work in a labora-
tory adjacent to the general office but under the supervision of the
melting foreman who also supervises production personnel. Although
they are high school graduates,'their jobs call for no particular educa-
tional requisites.' They are•hourly.paid and their earnings are com-
parable to those of production employees. They neither possess nor
are required to possess or exercise any technical skills. We find that
they are essentially production and not technical employees 20 Accord-
ingly, we shall include the laboratory technicians in the foundry
production and maintenance unit.,
Timekeeper: This individual is hourly paid, carried on the factory
payroll, and spends most of his time at three work stations in the
10 All parties stipulated to exclude a cost clerk who, they agree , performs an office clerical
function.
20 Dewey Portland Cement Company, 137 NLRB 944, 947.
CENTURY ELECTRIC COMPANY 243
production area recording time data from production employees'
work tags. He also spends a smaller portion of his time at a fourth
work station in the general office collating time records for the use
of the payroll clerk. We find that the timekeeper is a plant clerical
and we shall include him in the unit 21
Payroll clerk and purchasing clerk: The payroll clerk is a salaried
employee who makes payroll calculations at a desk in the general
office under the supervision of the personnel director. The purchas-
ing clerk is also salaried and works in the general office area under
the supervision of the general manager. Her duties are to ascertain
whether materials are needed by the factory or the stockroom, to
locate a supplier for the materials needed, and to prepare the neces-
sary requisitions for the purchasing departments. The payroll clerk
and the purchasing clerk are carried on the office payroll. Since it
is evident that they perform general office duties, we find that they
are office clericals. Accordingly, we shall exclude them from the
production and maintenance unit 22
Pattern clerk: This employee is stationed partially in the produc-
tion office and partially in the pattern shop, where records of existing
casting patterns are filed. His duties are to check on the availability
and condition of casting patterns in use in the production area which
are needed to fill customer orders, and to maintain proper records
thereon. He is in frequent contact with production and maintenance
employees. In our view, the work of the pattern clerk is essentially
that of a plant clerical. As such he is properly a part of a production
and maintenance unit. Accordingly, we shall include him in the unit 23
Production control clerks: Two employees in this classification main-
tain production control records and expedite and schedule production
under the supervision of the production control manager. Their
duties take them into production departments where they discuss
and work on production problems. Although salaried and carried
on the office payroll, they are located in an area separated from the
office clerical employees. It is clear that their clerical functions are
intimately related to production and that essentially they are plant
clericals. In view thereof, we shall include the production control
clerks in the unit 24
As in the case of Century Electric, we find that the employees here-
tofore excluded from the production and maintenance unit at Century
Foundry were excluded by virtue of historical accident rather than
upon the basis of any real difference. in function or interests from
those of the production and maintenance employees. In accordance
21 American Beryllium Company, Inc., 142 NLRB 457.
22 Weyerhauser Company, supra.
23 Palmer Manufacturing Corporation , 103 NLRB 336, 338.
2 Barnhardt Manufacturing Company, 103 NLRB 261, 262.
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with the Board's established policy, such employees are appropriately
a part of the production and maintenance unit and on proper request
will be included in such unit without being granted a self -determina-
tion election.25
In view of the foregoing and upon the entire record in the case,
we find that the following employees at Century Foundry Company
constitute an appropriate unit for the purpose of collective bargain-
ing within the meaning of Section 9 (b) of the Act :
All production, pattern repair, and maintenance employees, includ-
ing leadmen, group leaders, laboratory technicians, production con-
trol clerks, the pattern clerk, and the timekeeper at the Employer's
St. Louis, Missouri, plant, but excluding the cost clerk, the payroll
clerk, the purchasing clerk, and all other office clerical employees,
watchmen, guards, professional employees, assistant foremen, fore-
ladies, and all other supervisors as defined in the Act.
[Text of Direction of Elections omitted from publication.]
2 D.V. Displays Corp., supra.
United Mine Workers of America , Local No. 7244 [Grundy Min-
ing Company] and Southern Labor Union . Case No. 10-CB-
1402. March 5, 1964
DECISION AND ORDER
On November 1, 1963, Trial Examiner Stanley N. Ohlbaum issued
his Decision in the above-entitled case, finding that the Respondent
had engaged in certain unfair labor practices and recommending that
it cease and desist therefrom and take certain affirmative action, as
set forth in his attached Decision. Thereafter, the Respondent filed
exceptions to the Decision and a supporting brief.
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-member panel [Chairman McCulloch and Members
Fanning and Jenkins].
The Board has reviewed the rulings of the Trial Examiner made
at the hearing and finds that no prejudicial error was committed.
The rulings are hereby affirmed. The Board has considered the De-
cision of the Trial Examiner and the entire record in this case includ-
ing the exceptions and brief, and hereby adopts the findings, conclu-
sions, and recommendations of the Trial Examiner.
146 NLRB No. 29.