Chandler-Evans Corp.

National Labor Relations Board - Board Decisions

Oct 28, 1943

53 N.L.R.B. 202 (N.L.R.B. 1943)

In the Matter of CHANDLER-EVANS CORPORATION and LOCAL 704, UNITED
AUTOMOBILE WORIIERS OF AMERICA (AFL)
Case No. 1-R-1594.Decided October 08, 1943
Mr. Walfrid G. Lundborg, of Hartford, Conn., and Mr. George F.
McDonough, of South Meriden, Conn., for the Company.
Messrs. Frank Griffin and Joseph Bonyai, of Wallingford, Conn.,
Messrs. Harry Woodworth and John H. Ryan, of Meriden, Conn., and
Mr. Charles Fritz, of South Meriden, Conn., for the Union.
Miss Olive N. Barton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Local 704, United Automo-
bile Workers of America (AFL), herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Chandler-Evans Corporation, South Meri-
den, Connecticut, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before John W. Coddaire, Jr., Trial Examiner. Said hearing was
held at Meriden, Connecticut, on September 29, 1943. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing 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. THE BUSINESS OF TIIE COMPANY
Chandler-Evans Corporation, a Delaware corporation, is engaged in
the manufacture of aircraft accessories, carburetors, fuel pumps,
53 N. L. R. B., No. 42.
202
CHANDLER-EVANS CORPORATION 1 203
Protek plugs, and similar products. This proceeding concerns only
the South Meriden, Connecticut, plant. During the first 9 months of
1943 the Company received raw materials valued in excess of $1,000,000,
consisting of aluminum and steel; 90 to 95 percent of the raw materials
was shipped from points outside the State of Connecticut. During
the same period, 90 percent of the finished products, valued at more
than $1,000,000, was sold and shipped to points outside the State of
Connecticut.
We,find that the Company is engaged in commerce within the mean-
ing of the National Labor RelationsAct.
II. THE ORGANIZATION INVOLVED
Local 704, United Automobile Workers of America, is a labor or-
ganization affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 8, 1943, the Union claiming to represent a majority, re-
quested the Company to enter into collective bargaining relations
with it on behalf of the timekeepers. On July 15, 1943, the Company
refused, pending Board certification.
A statement of the Regional Director, introduced in evidence at
the hearing, indicates that the Union represents a substantial number
of employees within the unit herein 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
A representative of the Union stated at the hearing that the Union
desires that timekeepers be'covered by its present contract with the
Company; however, in its petition the Union alleges that timekeepers
constitute a separate unit. The Company takes the position that time-
keepers are clerical employees and that its contract with the Union
of September 22, 1941, which is presently effective, excludes them be-
cause the contract covers "all employees of the Company excluding
foremen, assistant foremen, clerical help, engineers, technicians, and
guards engaged exclusively in plant protection." The Company fur-
ther contends that timekeepers should not be included in the unit con-
sisting of production and maintenance employees because of their
1 The Regional Director reported that the Union submitted a petition for membership
in the Union bearing six apparently genuine original signatures of persons in the Company's
timekeeping department. The names of five of these appear on the Company's pay roll
of September 14, 1943, which pay roll contains a total of six names in the appropriate unit.
204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
responsibilities and duties to management. Timekeepers are attached
to the timekeeping department, under the supervision of a chief time-
keeper. They are paid by the hour, work the same number of hours
as factory employees, and do not receive vacation time, although they
do receive a vacation bonus. They merely keep and compile routine
records concerning employees' working time and do not perform the
functions of management or confidential employees. Each employee's
time card shows the number of hours he has worked. His production
ticket shows a list of pieces and the hours worked on each. The tickets
and the cards must agree. The timekeepers prepare a daily efficiency
report with just the above facts on it for a day which is turned over
to the chief timekeeper, who computes on,it the percentage of, work
done on one operation or number of operations. He sends it to the
foreman of every department. We find that the timekeepers are pri-•
marily clerical employees, and therefore constitute a separate unit.'
Accordingly we find that. all timekeepers at the Company's South
Meriden plant, excluding the chief timekeeper and any supervisory
employee having authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.'
V. TIIE 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-
pkyees in the appropriate unit who were employed during the pay-
roll period 'immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
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,'
itnd pursuant to Article III, 'Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Chandler-Evans
Corporation, South Meriden, Connecticut, 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 super-
vision of the Regional Director for the First Region, acting in this
matter as agent for the National Labor Relations Board, and'subject
2 See Matter of American Propeller Corporation , 43 N. L. R B. 518, 524 ; Matter of Brown
and Sharpe Manufacturing Company, 36 N. L R B. 1083, 1000. •
CHANDLER-EVANS CORPORATION 205
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 determine whether or not they desire to be represented by Local 704,
United Automobile Workers of America, affiliated with the American
Federation of Labor, for the purposes of collective bargaining.
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