Chain Belt Co.

National Labor Relations Board - Board Decisions

Aug 15, 1944

57 N.L.R.B. 1369 (N.L.R.B. 1944)

In the Matter of SPRINGFIELD , MASSACHUSETTS , PLANT OF THE BALDWIN
DUCKWORTH DIVISION OF CHAIN BELT COMPANY and UNITED STEEL-
WORKERS OF AMERICA (CIO)
Case No. 1-R-1968.Decided August 15, 1944
Mr. John I. Robinson, of Springfield, Mass., for the Company.
Mr. Harold B. Roitmqn, of Boston, Mass., for the Union.
Mr. Philip Licari, of counsel to the'Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America (CIO),
herein called the Union, alleging that a question affecting, commerce
had arisen concerning the representation of employees of Springfield,
Massachusetts, Plant of the Baldwin Duckworth Division of Chain
Belt Company, herein called the Company,, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Leo J. Halloran, Trial Examiner. Said hearing was held at
Springfield, Massachusetts, on July 18, 1944. The Company and the
Union appeared and participated. All parties were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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 THE COMPANY
Chain Belt Company, a Wisconsin corporation, with its principal
place of business in Milwaukee, Wisconsin, is engaged in the manu-
1 At the hearing, the parties agreed to amend the petition and all other papers in this
proceeding so that the name of the Company shall read "Springfield , Masssachusetts,
Plant of the Baldwin Duckworth Division of Chain Belt Company."
57 N. L . R. B., No." 210.
1369
1370 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
facture of chains, sprockets, universal joints, and turnbuckles. The
Chain Belt Company operates' several' plants in various parts of the
United States. The instant proceeding involves only the Baldwin
Duckworth Division of the 'Chain Belt Company located at Spring-
field, Massachusetts. During the'first 6 months of 1944, the Company
purchased for this plant steel and brass valued at approximately
$100,000, all of which was shipped from points outside the State of
Massachusetts. 'During the same period, the Company produced at
this plant finished'goods valued at approximately $500,000, all of,
which was shipped to points outside the State of Massachusetts.
The Company admits, and we find,,that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused to grant recognition to the Union as the
exclusive bargaining representative of the Company's production and
maintenance employees at the Springfield plant until the Union has
been certified by the Board in'an•appropriate unit.
A statement of a Field Examiner for , the Board introduced into
evidence at the hearing, indicates that the Union represents a sub-,
stantial number of employees in the unit hereinafter found to be
appropriate.2 _
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 seeks a unit for the purposes of collective bargaining
composed of "all employees of the Company, except engineers, de-
signers, time-study men, salesmen, supervisors, and office and clerical
employees." The Company would also exclude from the alleged unit
certain classifications of employees among which are watchmen; time-
keepers, setters, laboratory and research employees, and first-aid em-
ployees 3 We shall proceed to consider each classification separately.
2 The Field Examiner reported that the Union, submitted 156 authorization cards, of
which 154 were dated June, 1944, and 2 were undated . He further reported ' that there
were approximately 200 employees in the unit alleged to be appropriate.
-2 While the Company , also wishes to exclude non-productive inspectors , indentured ap-
prentices , assistant foremen, guards, and instructors , these classifications of employees do
not appear now on the Comany' pay roll, and, therefore , we shall not provide for their
exclusion or inclusion. -
CHAIN BELT COMPANY - - 1371
The watchmen employed by the Company perform the usual duties
incidental to that position. Thus, they make hourly tours of inspec-
tion, punch clocks, prevent unauthorized persons from entering the
plant, and on occasion they also do some janitorial work. They are
neither armed nor uniformed. We shall include them in the unit.
The setters or set-up 'men are employees whose functions are pri-
marily to lay out the work for other employees, and to adjust ma-
chinery run by other operators. At times they inspect some work to
check on the accuracy in the adjustments of the various production
machinery. They are under the supervision of a regular departmental
foreman. A few of these employees act as foremen in the absence
of the regular foremen because of illness or vacation periods; how-
ever, they receive no extra compensation for this service. The Com-
pany urges that these employees be excluded from the appropriate
unit on the ground that they are supervisory employees. We are of the
opinion that the functions of these men cannot be characterized as
supervisory; the fact that a few of them on occasion act in a nominally
supervisory capacity, for a short period of time does not warrant the
conclusion that they exercise the full authority and bear all the
responsibilities of the regular foremen. Therefore, we shall include
all the set-up men in the unit.4
The laboratory and research employee is engaged in highly special-
ized tasks involving experimental work of a confidential nature. The
Company's contention that his work is technical and confidential is
fully supported by uncontradicted testimony of the Company's wit-
ness. We shall exclude him from the unit as a technical employee.
The first-aid employee performs work limited to the treatment of
employees' minor injuries, and the dispensing of simple medicines.
This employee's duties are clearly distinguishable from the work of the
production and maintenance employees, and, therefore, we are of the
opinion that she should be excluded from the unit.
Timekeepers. There is one employee, in this category appearing
on the Company's pay roll. This employee is in charge of all the
work and production records of the employees in the plant, The pay-
roll department supervises the performance of this employee's work,
and she is under the direction of the head of the pay-roll department.
Inasmuch as the work' of this employee is purely clerical, we shall
exclude her from the unit.
We find that all employees at the Company's Springfield, Massa-
chusetts, plant, including watchmen and set-up men, but excluding
executives, engineers, assistant engineers, draftsmen, time-study men,
salesmen, timekeepers, the laboratory and research department em-'
4 See Matter of AMber4 Bearing Company, 56 N. L It. B. 1794. See also Matter of
Olean Tile Co ., 32, N. L. It. B. 288.
1372 DECISIONS OF NATIONAL LABOR -RELATIONS BOARD
ployee, the first-aid attendant, office and clerical employees, 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, 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.
I
-
DIRECTION OF ELECTION
I
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (a) of the National Labor Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 Springfield, Massa-
chusetts, Plant of the Baldwin Duckworth Division of Chain Belt
Company, 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 Di-
for the First Region, acting in this matter as agent for the Na-rector
tional 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 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 de-
termine whether or not they desire to be represented by, United Steel-
workers of America, affiliated with the Congress of Industrial Organi-
zations, for the purposes of collective bargaining.
CHAIRMAN MILLIS took no, part in the consideration of the above
Decision and Direction of Election.