Conant Ball Co.

National Labor Relations Board - Board Decisions

Aug 6, 1948

78 N.L.R.B. 884 (N.L.R.B. 1948)

In the Matter of CONANT BALL COMPANY, EMPLOYER and LOCAL 468,
INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL, PETITIONER
Case No. 1-RC-364.-Decided August 6, 1948
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members. *
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
,2. The labor organizations named below claim to represent em-
ployees of the Employer.
3. A question of representation 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 appropriate Imit :
The Petitioner seeks a single unit composed of all licensed engi-
neers and firemen employed at the Employer's two plants located in
Templeton and Gardner, Massachusetts, excluding supervisors, watch-
men, guards, and professional employees, as defined in the Act. The
Employer, which has no history of collective bargaining with respect
to the employees sought, contends that there should be separate units
of such employees for each plant.
The Templeton and Gardner plants are located approximately 5
miles apart. The record shows that although the Employer manu-
factures similar articles in both plants, it is clear that each plant
*Chairman Herzog and Members Houston and Reynolds
78 N. L. R B, N0.122.
884
CONANT BALL COMPANY 885
is a separate functional entity with separate administrative and mana-
gerial organizations . Thus, the employees in each plant are sepa-
rately supervised ; there is no interchange from one plant to the other;
.the pay rolls for each plant are made by the respective administra-
tive organizations ; separate employment facilities are. maintained
at each plant ; and the wage policies are different for each plant.
In view of the above , we believe that the unit problem should be
resolved on an individual plant basis.'
Under all the circumstances , we find that separate bargaining units
for the employees at the Gardner and Templeton plants, respectively,
are appropriate for the purposes of collective bargaining. " ,
There remains for consideration the question whether the engineers
are supervisors as defined in the Act, and , therefore , should be excluded
from the bargaining units. The evidence shows that the engineers
supervise and direct the activities of the firemen . Thus, whenever
a fireman desires to take time off from his work, he is required to
apply to the engineer for permission ; the engineers have the power
to reprimand firemen for dereliction of duty, and to recommend dis-
ciplinary action, if necessary ; the engineers also recommend meri-
torious increases for the firemen. In view of the foregoing, we are
of the opinion that the engineers are supervisors within the meaning
of the Act , and we shall , therefore , exclude them from the respective
units hereinafter found appropriate.
We find that all firemen 2 employed in the Employer 's Gardner and
Templeton plants, respectively , excluding engineers and other super-
visors as defined in the Act, constitute separate units appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, elections by
secret ballot shall be conducted as early as possible , but not later
than 30 days from the date of this Direction , under the direction and
supervision of the Regional Director for the Region in which this
case was heard , and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations-Series 5, among the
employees in the units found appropriate in paragraph numbered 4,
' See Matter of Texas Electric Service Company, 77 N L R B 1258
2 Although the firemen spend about one-fifth of their time performing the work of watch-
men, we are of the opinion that they are not guards within the meaning of the Act See
Matter of Warwick Lumber Company, 78 N L. R B 107 , Matter of Carolina Metal
Products , Inc, 76 N L R B 644
798767-49-vol. 78-57
886 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Elections, including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, 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, and also exclud-
ing employees on strike who are not entitled to reinstatement, to
determine whether or not they desire to be represented, for purposes of
collective bargaining, by Local 468, International Union of Operating
Engineers, AFL.