Ertel Manufacturing Corp.

National Labor Relations Board - Board Decisions

Sep 11, 1957

118 N.L.R.B. 1338 (N.L.R.B. 1957)

1338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer conducts all its sales operations in one building,
where it has separate salesrooms for Chevrolets, Pontiacs, and used
cars . Although salesmen are assigned primarily to one major division
of the Employer's operations, any salesman is permitted `to sell any
product the Employer offers.
All salesmen (other than fleet salesmen) are paid entirely on com-
mission. The same policies, the same benefits, the same method of
computing commissions, apply to all. All salesmen are expected to
sell used cars. When the Employer recently obtained its Pontiac
franchise, it staffed the Pontiac salesroom by transferring some of its
Chevrolet salesmen. In at least one instance a salesman was trans-
ferred from sale of cars to trucks. All salesmen attend the same sales
meetings and compete in the same sales contests.
In these circumstances we perceive no reason for limiting' a unit
to Chevrolet salesmen only. The above-described similarity of in-
terests far outweighs, in our opinion, any differences in the conditions
of the salesmen's employment. Accordingly, we shall dismiss Local
868's petition, and direct an election in the broader unit sought-by
West Side.5
Accordingly we find that all salesmen engaged in the sale of new
cars, used cars, trucks, and fleet sales at the Employer's New York,
New York, salesroom, excluding office clerical employees, professional
employees, guards, watchmen, and supervisors as defined in the Act,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
5. Local 868 filed charges in Case No. 2-CA-5354 alleging violation
by the Employer of Section 8 (a) (1) and (2). Those charges have
been disposed of by a settlement agreement directing the Employer
to post a 60-day notice. Posting began on July 5, 1957. Accordingly,
the Regional Director is directed not to conduct the election provided
herein until after expiration of the posting period.
[The Board dismissed the petition in Case No. 2-RC-8635.]
[Text of Direction of Election omitted from publication.]
5 As Local 868 has made an adequate showing in this larger unit we shall accord it a
place on the ballot in the election directed Therein . However , if Local 868 does not
desire to proceed to an election in this larger unit , we shall permit it to withdraw upon
notice to the Regional Director within 5 . days from issuance of this decision.
Ertel Manufacturing Corp . and Local 135, International Broth-
erhood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America, AFL-CIO. Case No. 35-RC-1437. September 11,
1957
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labors Relation Act, a hearing was held before Ralph A. Dunham
118 NLRB No. 178.
ERTEL MANUFACTURING CORP. 1339
and John H. Hendrickson, joint hearing officers. The hearing offi-
cers' 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 Bean and Jenkins].
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 organization involved claims to represent the em-
ployees of the Employer.'
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Employer is engaged in the manufacture, sale, and dis-
tribution of automotive parts with its principal office and place of
business in Indianapolis, Indiana. The parties agree that a produc-
tion and maintenance unit is appropriate, and that the production
clerk, a plant clerical, and janitors who perform only janitorial
duties are included in the unit. As to the armed watchmen who
have authority to arrest and enforce company rules, the Petitioner
would exclude them from the unit as guards and the Employer takes
no position. We find that they are guards. However, the parties
disagree as to whether the 5 leadmen or group leaders, the setup man,
and 2 individuals; 1 in the shipping department and 1 in the receiving
department, are supervisors within the meaning of the Act.
There are approximately 190 employees in the unit which the
parties agree is appropriate. The plant superintendent and general
foreman have acknowledged supervisory authority. The five lead-
men, under the general foreman, are in the iron foundry, toolroom,
aluminum foundry, packaging, and maintenance departments. All
punch a time clock and, except for the leadman in the packaging
department who is hourly paid, are paid a guaranteed salary.2 They
receive from 30 to 50 percent more than the next highest rated man
in the department. It is the leadman's responsibility to get the work
done and to see that it is properly done; and to check the piece count
which he turns in with the timecards. Although all hiring is done
by the personnel office and these leadmen have no authority to dis-
charge, they may make assignments of work within the department
and shift employees around to where they are needed. The superin-
tendent stated that they had no authority to discipline an employee,
'The Employer's contention as to adequacy of compliance with Section 9 (f) and (g),
involves administrative matters not cognizable in this proceeding. We are presently
administratively satisfied that the Petitioner is in compliance . See Desaulniers and
Company , 115 NLRB 1025 , and Standard Cigar Company, 117 NLRB 852.
They are paid for 50 hours whether worked or not: 40 hours at straight hourly rate
and 10 hours at time and a half rate.
1340 DECISIONS OF NATIONAL LABOR RELATIO NS BOARD
but that they would, report such matters to him and he would make
the final decision which would be reached either by investigation or
by accepting the leadman's recommendation. Raises for the most
part are automatic , but when reviewed, a leadman's opinion is sought.
Leadmen are not present during the greater part of the night shifts,
but remain subject to call at any time. In view of the above, and on
the record as a whole, we find that the leadmen responsibly direct the
work of the employees in the departments and are supervisors within
the meaning of the Act.
The Employer operates two packaging and shipping departments :
Ertel Products and Ertel Manufacturing. Anderson, whom we have
excluded, is leadman in one department, and Albert Stiles, Sr., is
leadman in the other. Stiles is hourly rated and receives approxi-
mately 40 percent more per hour than the 6 other employees in
the department, and approximately 20 percent less than Anderson.
Stiles' job is similar to that of Anderson except for the number of
employees. We find that Stiles is a supervisor within the meaning
of the Act.
There are 18 setup men, of whom 14 work in the machine shop.
There are about 110 employees in the machine shop which is under
the supervision of the general foreman who is present throughout the
first shift and at the beginning of the second shift. The setup men
set up the machines for the machine operators who are not sufficiently
skilled for that operation. Occasionally, when work is slack or there
is a small or a rush job, a setup man may operate a machine; he may
also relieve a man in order to keep production moving. Setup men
are responsible for seeing that quality is maintained by machine
adjustment. A discharged employee testified that a setup man on
the second shift authorized him to take time off, and that he had
seen other setup men on that shift authorize timecard corrections
when an employee was late or had forgotten to punch in, and twice
pull the timecard of employees. It further appears that setup men on
the second shift are authorized to use the telephone to call the gen-
eral foreman if something unusual occurs. The plant superintendent
stated that the setup men are hourly rated, and have no authority to
hire, discharge, or change the status of any employee. As we deem
the evidence relating to the duties and responsibilities of the setup
.men on the second shift of the machine shop insufficient upon which
to base a finding as to their status, we shall permit them to vote under
challenge. As to the other setup men , we find that they are not
supervisors.
Robert Graham is 1 of 2 employees in the receiving department.
He does the clerical work and assists the other employee in dividing
and sorting the materials that come into the receiving room from
the foundry. Graham has no authority to hire, fire, or change the
NORRIS-THERMADOR CORPORATION 1341
status of employees, and any direction that he would give would be
routine. We find that Graham is not a supervisor and include him
in the unit.
We find the following unit to be appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act:
All production and maintenance employees at the Employer's In-
dianapolis, Indiana, plant including the production clerk, the janitor,
the clerical employee in the receiving department, and the setup men,'
but excluding the leadmen, office clerical employees, time-study em-
ployees, production control employees, tool designer, professional
employees, guards, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
'In accordance with our decision above, we direct that the setup men on the night
shift be permitted to vote subject to challenge in the election directed herein.
Norris-Thermador Corporation and International Union , United
Automobile , Aircraft and Agricultural Implement Workers of
America (UAW-AFL-CIO), Petitioner. Case No. 21-RC-4497.
September 11, 1957
SUPPLEMENTAL DECISION AND DIRECTION
Pursuant to a. Decision, Order, and Direction of Second Election'
issued by the. Board on April 24, 1957, an election by secret ballot
was conducted on May 9, 1957, under the direction and supervision
of the Regional Director for the Twenty-first Region, among em-
ployees in the unit heretofore found appropriate by the Board. Upon
the conclusion of the balloting, the parties were furnished a tally of
ballots which shows that there were approximately 859 eligible voters,
that 418 ballots were cast for Petitioner, that 415 ballots were cast
against Petitioner, that 4 ballots were challenged, and that 3 void
ballots were cast.
Thereafter the Employer filed timely objections to the election.
As the challenged ballots were sufficient in number to affect the re-
sults of the election, the Regional Director caused an investigation
of both the objections and the challenges to be conducted and on
July 5, 1957, issued a report on challenged ballots and objections
in which he found that the objections are without merit and recom-
mended that they be overruled. The Regional Director also found
that all of the challenges are without merit and recommended that
they also be overruled and the ballots be opened and counted. There-
after, the Petitioner filed exceptions to the regional Director's find-
1117 NLRB 1340.
118 NLRB No. 177.