Continental Industries, Inc.

National Labor Relations Board - Board Decisions

Mar 4, 1948

76 N.L.R.B. 561 (N.L.R.B. 1948)

In the Matter of CONTINENTAL INDUSTRIES, INCORPORATED, OF KANSAS
CITY, MISSOURI, EMPLOYER and INTERNATIONAL ASSOCIATION OF
MACHINISTS, LODGE No. 314, PETITIONER
Case No. 17-RU-9.-Decided March 4, 1948
Mr. George L. Gordan, of Kansas City, Mo., for the Employer.
Cllr. Cody Quinn, of Kansas City, Mo., for the Petitioner.
Messrs. Harry C. Clark, John A. Rinkenbaugh, and Carl L. Stevens,
of Kansas City, Mo., for the Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Kansas
City, Missouri, on December 5, 1947, before Harry L. Brown, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.2
Upou the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF TILE EMPLOYER
Continental Industries, Incorporated, of Kansas City, Missouri, is an
Illinois corporation engaged in the manufacture and sale of caskets
to the United States Government under the "Soldier Veteran Repatria-
tion" program. Its principal office and place of business is in Lake
City, Missouri. Purchases, which colislst chiefly of steel and gaskets,
are in excess of $25,000 per month, 90 percent of which is purchased by
' Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
National Labor Relations Board has delegated its powers in connection with this case to a
thtee-man panel consisting of the undersigned Board Members [Houston, Reynolds, and
Grav]
2 The Petitioner objected to the Intervenor's motion to intervene on the ground that the
Intei venor was not in fit]] compliance with the filing requirements of the Act at the time
of the hearing. The hearing officer granted the motion upon a showing that the Inter-
venor was-taking steps to comply, but subject to it later determination by the Board con-
cerning- compliance We find that the Intervenor effectuated full compliance on Decem-
ber 15, 1947.
76 N. L. R. B., No. 87. • • ,
561
562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Employer from sources outside the State of Missouri. Sales by
the Employer are in excess of $35,000 per month. The Government
takes title to the caskets at the Employer's plant, and delivers them
to various destinations in the State of Missouri and to other States of
the United States.
The Employer admits and we find that it is engaged in commerce
ithin the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is an unaffiliated labor organization claiming to
represent employees of the Employer.
International Union of United Automobile, Aircraft and Agricul-
tural Implement Workers of America, herein called the Intervenor,
is a labor organization affiliated with the Congress of Industrial
Organizations, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
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.
IV. THE APPROPRIATE UNIT
The Petitioner and the Intervenor seek a unit composed of all pro-
duction and maintenance employees of the Employer, excluding office
and clerical employees, and all supervisory personnel. While all
parties are in agreement concerning the general composition of the
unit, it developed at the hearing that there was disagreement with
respect to whether or not leadmen and watchmen were to be included
in the unit as defined.
There are approximately "500 employees who are engaged in spot
welding, steel welding, bonderi zing metal, metal finishing, priming
and painting, final assembly, testing, and shipping. A general super-
intendent is in charge of the entire plant which is located on one floor.
Under the superintendent there are approximately 10 "supervisors,"
each of whom is in charge of operations in a particular area on the
floor. Under these supervisors, the Employer places 18 leadmen who
are in charge of from 15 to 20 employees each. It appears that from
25 percent to 40 percent of their time is devoted to requisitioning
materials, instructing, training, overseeing, and determining that pro-
CONTINENTAL INDUSTRIES, INCORPORATED, OF KANSAS CITY 563
duction conforms to company specifications. The remainder of their
time is devoted to performing the same work as do the employees in
the categories they head. They are hourly paid, as are other employees,
but receive from 10 cents to 18 cents per hour more than the men under
them. The Employer takes the position that these men are supervisors
and should be excluded from the unit. Both unions desire to include
them. There was conflicting testimony at the hearing with respect to
the authority of leadmen. A representative of the Employer testified
that leadmen can effectively recommend the discharge, transfer, and
discipline of employees. One of the leadmen, however, testified that
no such express authority had ever been given to him, and further,
that he considered that his main job was to instruct and teach men
rather than to supervise.
While the record is not free from doubt, we believe that, as the
leadmen in question devote a substantial portion of their time to
non-productive work, have 15 to 20 men working under them, and
receive a notably higher wage than the men entrusted to their charge,
they are supervisors within the meaning of the Act, as amended, and
we shall accordingly exclude them from the unit.
The Petitioner and the Intervenor also desire to represent watch-
men if they do not fall within the category of "guards" as set forth
in Section 9 (b) (3) of the Act.s The Employer does not take any
position with respect to the watchmen. Watchmen are not presently
armed, although the Employer intends in the near future to arm
them. Presently, they do not check in at various guard stations
throughout the plant, although the Employer intends shortly to re-
quire this to conform to insurance regulations. They are hired pri-
marily for the purpose of protecting plant property from employees
and other persons. The record discloses that these employees have
the authority to "enforce against employees and other persons rules
to protect the property of the Employer." In view of the foregoing,
we find that the watchmen are guards within the meaning of Section
9 (b) (3) of the Act. We shall, therefore, exclude them from the
unit 4
We find that all the production and maintenance employees at the
Employer's Lake City, Missouri, plant, excluding office and clerical
employees, leadmen, watchmen, and all supervisors within the mean-
ing of the Act, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
8 Section 9 (b) (3) of the amended Act provides that the Board shall not "decide that
any unit is appropriate . . . if it includes, together with other employees, any indi-
vidual employed as a guard to enforce against employees and other persons rules to protect
property of the employer or to protect the safety of persons on the employer's premises."
4 Matter of C. V. Hill & Company, Inc, 76 N L. R B. 158.
781902-48-vol. 76-37
564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Continental Industries, Incor-
porated, of Kansas City, Missouri, Lake City, Missouri, 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 direc-
tion and supervision of the Regional Director for the Seventeenth
Region, and subject to Sections 203.61 and 203.62, of National Labor
Relations Board Rules and Regulations-Series 5, among the employ-
ees 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, 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 excluding employees on strike who
are not entitled to reinstatement, to determine whether they desire to
be represented by International Association of Machinists, Lodge No.
314, or by International Union of United Automobile, Aircraft and
Agricultural Implement Workers of America, for the purposes of col-
lective bargaining, or by neither.