Chapman Valve Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 14, 1957

119 N.L.R.B. 935 (N.L.R.B. 1957)

CHAPMAN VALVE MANUFACTURING COMPANY 935
which I pointed out in my dissent in the A & P case are not equally
applicable to the instant case where an invalid union-security clause
is involved.
Chapman Valve Manufacturing Company , and International
Union of Electrical, Radio and Machine Workers, AFL-CIO,
Petitioner. Case No. 1 RAC-5003. December 14, 1957
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 Thomas E. McDonald,
hearing officer. 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 Murdock and Bean].
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 certain
employees of the Employer.
3. Relying on Essex Cos ty News Co.,' the Employer contends
that its current contract with the Petitioner covering production and
maintenance employees bars the instant petition because of the con-
tractual exclusion of the employee classifications now sought by the
Petitioner. However, contrary to the situation in that case, the con-
tract here contains no promise, express or implied, that the Petitioner
will refrain from seeking to represent the employees involved here.
Moreover, the Board has held that the exclusion of a group of
employees from a contract unit does not constitute a waiver by the
contracting union of its claim to represent these employees in the
future as a part of the contract unit or as a separate unit.' Accord-
ingly, we find that the current contract does not bar a present deter-
mination of representatives in the unit of employees sought.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (°7) of the Act.
4. The Petitioner seeks to represent time-study and methods men,
the ditto operators who work with the methods men, and the clerks
176 NLRB 1340.
2 United States Gypsum Company, 107 NLRB 122, 125.
119 NLRB No. 123.
936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
who work with the time-study men. The Employer contends' that
time-study and methods men are part of management, they exercise
supervisory authority, they are technical employees and as such should
not be made a part of the same unit with production employees which
to all intents and purposes will be the result if the Petitioner is selected
as the representative;' and that the clerks as nontechnical employees
cannot be appropriately included in a technical unit of time-study and
methods men.
Local 112, American Federation of Technical Engineers, AFL-
CIO, hereinafter referred to as the Intervenor, is currently recognized
by the Employer as the representative of technical employees in the
engineering and tool divisions, and in the research, development, and
control divisions.
The Employer is engaged in the manufacture of various types of
valves at its factory located at Indian Orchard, Massachusetts. The
time-study and methods employees, as well as maintenance, tool de-
sign, toolcrib, and toolroom employees, are under the supervision of the
industrial engineer. The tool design employees are represented by
the Intervenor, and the others, excepting the time-study and methods
employees, are represented by the Petitioner. Under the industrial
engineer there is a superintendent of time study and methods who is
assisted by a time-study chief and a methods chief. The parties agree
that the superintendent is a supervisor but take no position as to the
chiefs. The record shows that the time-study and methods chiefs
direct, assign, and check the work of the employees, and make effec-
tive recommendation relative to discharge, promotions, demotions,
and transfers. We find that the time-study superintendent, the time-
study chief, and the methods chief are supervisors within the meaning
of the Act and exclude them from the voting group.
The time-study and methods employees are physically located on
the second floor of a building on which are also located employees in
personnel, IBM, timekeeping, industrial relations, tool design, and
about 15 incentive workers in valve assembly. However, the main
production area is located on the first floor. Unlike the production
employees, the time-study and methods employees are salaried and
have sick-leave benefits similar to those of the technical engineering
employees.
Methods men study the blueprint which accompanies the manu-
facturing order, determine the methods of performance relating to
the manufacturing process, the machines, and the sequence of opera-
8 we find no merit in this contention . There is no statutory limitation in the right
of a union to represent technical employees because it already represents the same
employer's production and maintenance employees . Bulldog Electric Products Company,
'96 NLRB 642.
CHAPMAN VALVE MANUFACTURING COMPANY 937
tions. Their determination is submitted in the form of a directive to
the production departments. Time-study men time the production
operation pursuant to the directive, determine production standards,,
and establish the rate of pay for the Employer's production employees.
In the event of a grievance by the union concerning the time study,
the employee who timed the operation meets with the union repre-
sentative and the employee and may use his discretion in making an
adjustment. Contrary to the Employer's contention, we find this
limited participation of the time-study men in the grievance procedure
insufficient to constitute him a managerial or confidential employee.4
During the timing of an operation, the time-study man directs the
performance of the operation. The Employer contends this direction
constitutes an exercise of supervisory authority. We disagree. The
operation must be performed pursuant to the methods directive and
the time-study employee has authority to make only minor changes
in the directive. Time-study men spend about 70 percent of their
time in the plant performing time studies; and methods men spend less
than 20 percent of their time in the plant. They have no authority to
discipline, promote, demote, or transfer employees. Time-study and
methods men are hired by the personnel department subject to the
acceptance of the industrial engineer. When a production and main-
tenance employee moves into the time-study and methods department,
he loses his accumulated seniority, except in the event of a reduction
in force. Prior to the establishment of the time-study and methods
department, within the last 5 years, its functions were substantially
performed by the tool engineering department. There was evidence
to the effect that all such functions have not been absorbed by the
time-study and methods department as of this date. For example,
there was testimony to the effect that some of the employees repre-
sented by the Intervenor do plant layout work and effectively recom-
mend sequence of operation of tool design work.
At the time of the hearing, approximately one-half of the Em-
ployer's time-study and methods employees were being trained by a
representative of an industrial consultant firm in work measurement
procedures and statistical calculations in order to establish incentive
standards according to the standard hour system which the Employer
hopes to put into effect in the plant. The representative testified that
the men were taught to deal with both technical and personnel prob-
lems as they arise in their work and how to conduct themselves as
representatives of management in their dealings with shop employees.
There is currently a job-evaluation program in progress at the plant
4 See Bulldog Electric Products Company, supra.
938 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
which was first conducted among the production and maintenance
employees, then among the office clerical employees which included the
clericals in the time-study and methods department. In the near
future, the time-study and methods men will be evaluated with the
foremen and other supervisors.
In support of the Employer's contention that the time-study and
methods men were managerial, evidence was submitted showing that
the Employer pays membership fees for them in the Springfield
Industrial Association, cosponsors a supervisors' training program at
the Springfield Public School, and provides a training program for
them with the foremen. No production and maintenance employee
is eligible for participation in these programs. Moreover, all appli-
cants for a time-study or methods job are given a special test to deter-
mine personality and emotional adjustment.
Upon the basis of the foregoing, we reject the contention that the
time-study and methods men are managerial or supervisory. We find
that they are technical employees.' The record shows that there are
other technical employees in the plant represented by the Intervenor
who have common interests with the technical employees sought to be
represented separately by the Petitioner. Under all the circum-
stances, we find that the Petitioner's requested unit is inappropriate,
as it consists, inter alia, of only a segment of the appropriate grouping
of technical employees in the plant.6 However, as the Intervenor has
indicated its desire to represent these time-study and methods em-
ployees (and apparently ditto machine operators, but excluding
clerks) and has made the proper showing of interest therefor, we shall
treat it as a cross -petitioner.' Accordingly, we find that the time-
study and methods men may, if they so desire, be added to the exist-
ing technical unit currently represented by the Intervenor. We shall,
therefore, make no determination with respect to these employees at
this time, but shall first ascertain the desire of these employees as
expressed in the election to be directed herein. If a majority of the
time-study and methods men vote for the Intervenor, they will be
taken to have indicated their desire to be added to the existing techni-
cal unit and the Regional Director shall issue a certification of results
of election to such effect.
[Text of Direction of Election omitted from publication.]
5 See Florence Stove Company, 98 NLRB 16 ; Monarch Machine Tool Co ., 98 NLRB 1243.
6 See Chase Brass & Copper Co ., 102 NLRB 62 ; Allis-Chalmers Manufacturing Company,
117 NLRB 749.
7 Notwithstanding the apparent request of the Intervenor to include them, the two ditto
machine operators are excluded because (a) they cannot appropriately be merged into the
Intervenor's existing unit which is confined to technical employees , and (b ) the Employer
objects to their inclusion . See Chase Brass & Copper Co., supra.