Challenge-Cook Bros., Inc.

National Labor Relations Board - Board Decisions

Jan 9, 1961

129 N.L.R.B. 1235 (N.L.R.B. 1961)

CHALLENGE-COOS BROS., INCORPORATED 1235
mendations are subject to independent investigation and action by
higher supervision. Accordingly, we find that these six leadmen
neither responsibly direct other employees nor possess any of the other
statutory indicia of supervisory authority. Thus, they are not super-
visors within the meaning of the Act. We shall, therefore, include
them in the unit.'
We find that the following employees constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act :
All production and maintenance employees at the Employer's Akron,
Ohio, plant, including leadmen, but excluding office clerical employees,
professional employees, guards, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
4 Head-Atlanta Paper Company, 123 NLRB 306, 309-310; West Virginia Pulp and Paper
Company, 122 NLRB 738, 740-741, 744-747.
Challenge-Cook Bros., Incorporated 1 and United Steelworkers
of America, AFL-CIO, Petitioner and International Brother-
hood of Boilermakers , Iron Ship Builders, Blacksmiths,
Forgers and Helpers, Local 92, AFL-CIO. Case No. 21-RC-
6495. January 9, 1961
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Max Steinfeld, hearing offi-
cer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
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 Leedom and Members Jenkins and Kimball].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent employees of
the Employer.
3. A question affecting commerce exists concerning the represen-
tation of certain employees of the Employer, within the meaning of
Section 9(c) (1) and Section 2(6) and (7) of the Act.
The Petitioner seeks to represent a unit of production and main-
tenance employees at the Employer's La Mirada and Bandini, Cali-
fornia, facilities and the structural assembly department at a third
i The name of the Employer appears in the caption as amended at the hearing.
129 NLRB No. 147.
1236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
facility situated at San Fernando Road, California,2 with certain
specified inclusions and exclusions. The Intervenor agrees with the
Petitioner as to the appropriate unit. However, both indicated that
they would accept any unit which the Board finds appropriate.
The Employer contends 3 that the appropriate unit should consist
of all production and maintenance employees at its three locations
with some different inclusions than those specified by the Petitioner.
It is thus apparent that the parties are in disagreement with respect to
both the scope and composition of the appropriate unit.
Challenge-Cook Bros., incorporated is engaged in the manufacture
and sale of trucks, truck bodies, truck equipment, trailers, concrete
mixers, finishing machines, plaster machines, plaster pumps, com-
mercial laundry dryers, and other miscellaneous products. This busi-
ness operation is carried on through the combined efforts of the three
aforementioned facilities which are located in Los Angeles County,
within a radius of 25 miles. There is no history of collective bargain-
ing between the Employer and any labor organization.'
In order to support the propriety of its unit position the Petitioner
contended that La Mirada and Bandini constitute the Employer's
manufacturing operation whereas San Fernando, with the exception
of the structural assembly department, comprises the general office,
service, and sales operation. However, the record indicates that there
is no sound basis for making this broad distinction. Thus, the Em-
ployer's entire operation is in fact highly integrated and there exists
a great degree of interdependence among the three facilities. The
daily flow of materials and parts encompasses all three locations. Em-
ployees at all three locations are responsible for the finished products
made available to the consumer. The coordinated efforts of all three
facilities enable the Employer to utilize its manpower and equipment
with maximum efficiency. 5
There are frequent occasions when there is an increased and/or
emergency workload in the production departments which results in
a sizeable number of temporary transfers of employees to those de-
partments from San Fernando's service and used truck departments.
These employee interchanges are effectuated informally and normally
terminate when the status quo ante has been restored. They supply
further evidence of the fact that the Employer's delegation of work
assignments is not narrowly confined to any predetermined course.
2 The original petition was amended to include the structural assembly department.
8 The Employer moved to dismiss the petition on the grounds that the unit sought by
the Petitioner was inappropriate. The Employer 's motion to dismiss is denied for the
reasons stated infra.
4 See also Challenge Manufacturing Company, Case No 21-RC-5104 , and Cook Brothers
.Equipment Company, Case No. 21-RC-3247 ( not published in NLRB volumes). On
January 1, 1960, four companies ( including the above two) were combined to form
Challenge-Cook Bros , Incorporated.
Thus , for example , San Fernando field servicemen will be temporarily assigned to a
department in the production area when there is a lull in their normal workload.
CHALLENGE-COOK BROS., INCORPORATED 1237
Rather, these exchanges are typical of a flexible operation calling for
a trifacility cooperative effort.
Furthermore, the Employer has a uniform labor relations policy for
all three locations. Its policies concerning vacations, holidays, work-
week, group insurance plans, profit sharing retirement benefits, and
discipline are alike for the entire work force. Wage rates are depend-
ent upon the classification of a particular employee irrespective of
where he performs his daily job assignments. Since its formation in
January 1960, the companies' one wage increase was administered on
a companywide basis.
In view of the foregoing, we find, in agreement with the Employer,
as to the scope of the appropriate unit that it should consist of all
production and maintenance employees at the Employer's three facili-
ties. We turn now to a consideration of the contentions of the parties
with respect to the composition of the unit. The Petitioner and Inter-
venor would exclude and the Employer would include the following
employees.
(1) San Fernando service department
The service department consists of five service mechanics, eight
mechanics, two production helpers, one painter, one assembler, one
floorman, and two truckdrivers. The record indicates that the service
department employees are engaged in manufacturing operations 75
percent of the time.' To a large extent the work of this department is
integrated with the Employer's overall production operation. More-
over, many service department employees have been temporarily as-
signed to the structural assembly department-a department which
the Petitioner itself seeks to include in the unit.
In view of the above facts, we find that the interests, duties, and
conditions of employment of the service department employees are
closely related to those of the production and maintenance employees.
Therefore, we shall include them in the proposed unit' In accordance
with Board policy, the two truckdrivers responsible for interplant
deliveries shall be included since no other union seeks to represent
them."
(2) San Fernando used truck department
This department is responsible for rebuilding and repairing second
hand equipment and putting it into a saleable condition. In the course
E These operations include, inter alia, final inspection functions such as setting valves,
front end adjustments , and "touch up" painting.
7In directing an election of production and maintenance employees at the Employer's
San Fernando Road facility in 1953, the Board included the service department employees
in the proposed unit . The employees performed the same basic functions then as they do
today. Cook Brother8 Equipment Company, Case No. 21-RC-3247 ( not published in
NLRB volumes).
' Valley of Virginia Cooperative Milk Producers A88oaiation, 127 NLRB 785.
1238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of accomplishing these assignments, the used truck department has
occasion to order parts and materials from the production areas. The
work of this department is integrated with the employer's overall
operation in that a portion of the work normally performed by this
department may also be performed by production employees. Like-
wise, some of its employees have been temporarily assigned to pro-
duction areas. The welder in the used truck department possesses the
same skills as any of the welders currently working in the La Mirada
or Bandini production areas. Accordingly, we find that the duties,
interests, and conditions of employment of the used truck department
employees are sufficiently allied to those of the production and mainte-
nance employees to warrant their inclusion in the proposed unit and
we shall so include them.
(3) San Fernando parts department
The parts department functions as a warehouse operation not only
to supply parts to customers, but also to supply parts to the factory
for production. As such, the 13 partsmen who perform both physical
and clerical work relating to the storing, identification, and removal
of these parts from the three warehouses located at each of the Em-
ployer's facilities, play an integral role in the Employer's production
activities. These employees are more concerned with the Employer's
production output than with its administrative operation. On the
basis of the foregoing, we find that the partsmen are plant clerical
employees 9 and, in accord with Board policy, we shall include them
in the unit.
The parts department also includes three female file clerks at San
Fernando who work on the second floor of a building which houses the
service and used truck departments. Their duties are strictly of a
clerical nature : They answer telephones, maintain records, and write
requisitions for the purchase of parts necessary for the production
process. They are supervised by the head of the parts department who,
in turn, is ultimately responsible to the works manager. They receive
the same fringe benefits as do the production and maintenance em-
ployees and are physically separated from the office clericals. We find
them to be plant clericals and shall include them in the umit.10
We also find, that the two truckdrivers from the parts department,
who make interplant deliveries, have substantially the same interests
as the production and maintenance employees and shall accordingly
include them in the unit."
0 Casey-Metcal f Machinery Co., 114 NLRB 1520 at 1525.
10 Woodman Company, Inc ., 119 NLRB 1784.
11 Valley of Virginia Cooperative Milk Producers Association , footnote 8, supra.
CHALLENGE-COOK BROS., INCORPORATED 1239
(4) Production control department
The production control department schedules the man-hours of labor
so as to insure that the Employer will achieve a total productive out-
put sufficient to meet consumer demands. There are three timekeepers
in this department who amass information and maintain records on
IBM cards regarding the work progress of sundry production em-
ployees over a specified period of time. Although separated from the
production area, each spends at least 50 percent of the workday in the
production area in connection with these duties. The timekeepers
receive the same fringe benefits as do the production and maintenance
employees, have little contact with the office clericals, and are more
closely connected with the Employer's manufacturing operation than
with its administrative activities. We therefore find the timekeepers
to be plant clericals and shall include them in the unit.12
Two male clerks (one each at La Mirada and Bandini) deliver
orders to shop supervisors, investigate to see how fast work is pro-
gressing, and expedite production. They both spend at least 50 per-
cent of their time in the production areas. In the process of gathering
their information they regularly come into contact with nonsuper-
visory employees. Accordingly, we find that the clerks perform work
of a plant clerical nature and include them in the unit. We also find
that the female clerk, situated in the production control department
at La Mirada, who does the clerical work (typing, order writing, etc.)
in connection with this department's operations is a plant clerical and
we shall include her in the unit.13
(5) Material control department
The three clerks in the material control department have the re-
sponsibility for ordering materials, scheduling materials, and pre-
dicting the rate at which said materials will be utilized in the manu-
facturing process. In order to properly carry out this responsibility,
the two male clerks spend a large part of their time in the production
areas.14 They perform functions primarily related to the flow of
materials through the Employer's facilities. In view of these facts,
we find them to be plant clericals and shall include them in the unit.
One female clerk located in the material control department office
at La Mirada handles the clerical work pertaining to this department's
operations. Like the clerk-typist in the production control depart-
ment, we find her to be a plant clerical and shall include her in
the unit.
12J. P Stevens & Company, Inc ., 123 NLRB 758 at 759.
'3 Woodman Company, Inc., footnote 10, supra, at 1788.
14 The record also shows that during lull periods ( approximately 10 percent of the time)
the material control department clerks help load trucks.
1240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(6) Tabulating department
This department consists of two salaried employees one of whom
operates a keypunch machine and the other an IBM tabulator. Both
perform their assigned tasks in the second floor office at the La Mirada
location. They are physically separated from, and have no occasion
to enter into, the production areas during the course of their work-
days. Their work is not related to the Employer's manufacturing or
production operations. We find, consistent with Board policy, that
the tabulating machine operator and the keypunch operator are office
clericals.is Therefore, we shall exclude them from the unit.
(7) Purchasing department
The purchasing department issues purchase orders to outside ven-
dors requesting various parts necessary to the Employer's operations.
The clerks are situated in La Mirada's first floor office separated from
the production areas. They spend all their time in this office writing
and typing purchase orders.ls Accordingly, we find these clerks to be
office clerical employees and shall exclude them from the unit. 17
We also find that the two salaried P.B.X operators working in the
offices at the La Mirada and Bandini facilities are office clericals. We
shall also exclude them from the proposed unit.
(8) Customer service department
The customer service department is composed of two field service-
men, one technical writer, and one clerk. The field servicemen in-
vestigate customer complaints and make minor repairs on damaged
equipment. In the event that major repairs are deemed necessary, pro-
duction employees will be assigned to assist the field servicemen.
Furthermore, when there are no outstanding complaints to be re-
solved, the field servicemen will be put to work with other employees
in the production shop during these slack periods. We find that their
duties, interests, and conditions of employment are allied with those
of the production and maintenance employees, and we shall include
them in the unit.1B
The primary function of the customer service department's tech-
nical writer is to write maintenance manuals, parts books, and service
instructions. In the course of preparing these publications, the tech-
nical writer spends approximately one-half of his time working with
employees in the production areas. During this time he conducts
interviews with employees and examines machinery. There is nothing
'b Westinghouse Air Brake Company, 119 NLRB 1391.
19 There is one exception to this statement. A senior buyer expedites the procurement
of parts from the large eastern manufacturers and is frequently away from the office.
17 Fairbanks , Morse & Company, 117 NLRB 1449.
Is Westbrook Manufacturing Company, 118 NLRB 127 at 129.
CHALLENGE-COOK BROS., INCORPORATED 1241
in the record to indicate that he is a technical employee as that term
is used by the Board.19 As his duties, interests, and conditions of em-
ployment are allied with the production and maintenance employees,
we shall include him in the proposed unit.
There is one female clerk situated at all times in a second floor office
at La Mirada. Under plant supervision, she performs ordinary cleri-
cal duties in connection with the customer service department's ac-
tivities. We find that she is a plant clerical employee and shall include
her in the unit.
(9) Construction machinery department
The construction machinery department is composed of mechanics,
field servicemen, and partsmen. It does repair work on construction
machinery (such as cranes, plaster pumps, etc.). Production depart-
ment employees may also be called upon to do repair work on these
machines. Moreover, this department's requirements for machine
parts are filled by shipments originating from the Employer's La
Mirada and Bandini facilities. In view of the degree to which the
work" of the construction machinery department employees is inte-
grated with that of the production employees, and the similarity of
their fringe benefits, conditions of employment, and skills, we shall
include these employees in the proposed production and maintenance
unit.
(10) Engineering department
(a) Draftsmen: Nine draftsmen prepare layouts and drawings
based on engineers' sketches and instructions. They work in the engi-
neering office and are supervised by the chief engineers. While no
specific educational background is required by the Employer, the
normal demands of this job make a knowledge of basic mathematical
principles, an ability to read blueprints, and some technical training
in mechanical drawing absolutely essential.
Petitioner requests the exclusion of draftsmen from this unit. The
record affirmatively supports a finding that the draftsmen are tech-
nical employees. It is established Board policy to exclude technical
employees from a production and maintenance unit whenever one of
the parties so desires."' Thus, we shall exclude the draftsmen from the
proposed unit.
(b) Engineering aides: Two engineering aides are located at the
engineering office at Bandini under the chief engineer's supervision.
One spends a majority of his time reproducing drawings on a blue-
print machine. He also maintains the manuals and vendors' catalogs
and runs errands for the engineering department. The other aide
prepares bills of materials, assists in the preparation of service
19 Litton Industries of Maryland , Incorporated, 125 NLRB 722.
10 Humble Oil & Refining Company, 115 NLRB 1485 at 1487.
1242 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
manuals, and operates blueprint machines when necessary. The record
does not indicate that these aides are being trained to qualify as
engineers or draftsmen. In neither instance does the record affirma-
tively support the Petitioner's contention that these engineering aides
are technical employees 21 These aides are concerned first and fore-
most with the Employer's engineering operation. They rarely come
in physical contact with production and maintenance employees.
They work in a separate building from the production employees and
are not in the same supervisory chain of command. In view of the
diversity of their interests from those of the production and mainte-
nance employees, we shall exclude them from the unit.
(c) Blueprint librarian and specifications writer: The blueprint
librarian prepares copies of the drawings made by the draftsmen and
keeps the numerous engineering manuals up to date. The specifica-
tions writer prepares bills of materials designating the individual
pieces and parts needed to construct a particular end product. Both
of these employees work in the engineering office at La Mirada. Both
are supervised by the chief engineers and are mainly concerned with
the company's engineering operation. They have a close working
relationship with the engineers and draftsmen and spend only a mini-
mum amount of time in the production areas. There is nothing in
the record to indicate that they are technical employees. Rather, their
work is of a clerical nature and is performed in the engineering office.
Accordingly, we find that they are office clericals 22 and shall exclude
them from the unit. We also find that the female typist who works
in the engineering office performing a variety of functions of a
clerical nature is an office clerical and we shall exclude her from the
unit.
(11) Janitors
The parties stipulated that the three janitors employed at the Ban-
dini and La Mirada facilities were properly includable in the pro-
posed production and maintenance unit. We so find. The eight
janitors at San Fernando perform custodial functions 23 similar to
those performed by the aforementioned janitors whom the parties
agreed to include in the unit. All 11 janitors are hourly rated; all are
supervised by the maintenance foreman at La Mirada; all enjoy
similar fringe benefits and are subject to similar labor relations poli-
cies. As janitors are customarily included with production and main-
tenance employees and since no persuasive reason has been offered to
justify their exclusion,24 we find that all 11 janitors are appropriately
part of the proposed unit.
2i Litton Indastiies, footnote 19, supra.
22 Kellogg Switchboard and Supply Company, 12T NLRB 64.
23 One janitor at San Fernando spends one-half of his time making interplant deliveries
in a mail truck.
National Gypsum Company, 128 NLRB 315.
CLEGG MACHINE WORKS 1243
Upon the entire record in this case, we find that the following em-
ployees constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9(b) of the Act: All pro-
duction and maintenance employees at the Employer's La Mirada,
Bandini, and San Fernando locations including the shipping and
receiving employees, leadmen'25 machine shop employees, welding de-
partinent employees, structural assembly department employees, me-
chanical assembly department employees, finishing department
employees, cutting and forming department employees, burning de-
partment employees, barrel and frame department employees, assem-
bling and mounting department employees, special products
department employees, stores department employees, the mainte-
nance department employees,2s production control department em-
ployees, material control department employees, parts department
employees, service department employees, used truck department
employees, construction machinery department employees, customer
service department employees, and development shop employees,2'^
but excluding the draftsmen, engineering aides, blueprint librarian,
specifications writer, tabulating department employees, purchasing
department employees, office clerical employees, watchmen, guards,
professional employees '21 technical employees, and supervisors as de-
fined in the Act.
[Text of Direction of Election omitted from publication.]
25 At the hearing the parties stipulated that the 16 employees classified as leadmen in
the mechanical assembly department , finishing department, welding department , assem-
bling and mounting department , special products department , barrel and frame depart-
ment, maintenance department , stores department, and structural assembly department
are not supervisors within the meaning of the Act and should be included within the unit.
7 The parties stipulated that the maintenance employees including two janitors at
La Mirada and one janitor at Bandini should be included in the unit.
27 The parties stipulated that all seven employees from the development shop are
properly included in the unit
^ The parties also stipulated that the six product engineers , the one sales engineer, and
the specifications specialist of the engineering department are professional employees and
should be excluded , and that the two chief engineers are professional employees and
supervisors and therefore should be excluded from the unit
Mark R. Clegg and Mary M. Clegg d/b/a Clegg Machine Works
and District Local No. 71, International Association of Ma-
chinists, AFL-CIO and Lodge No. 1, Clegg's Independent
Machinists, C.I.M. Case No. 17-CA1484. January 11, 1961
DECISION AND ORDER
On March 28, 1960, Trial Examiner John Dorsey issued his Inter-
mediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
129 NLRB No. 154.