F. W. Sickles Co.

National Labor Relations Board - Board Decisions

Jan 31, 1949

81 N.L.R.B. 390 (N.L.R.B. 1949)

In the Matter of F. W. SICKLES COMPANY, EMPLOYER and ENGINEER-
ING AND ARCHITECTURAL ASSOCIATION , LOCAL NO. 112 OF THE INTER-
NATIONAL FEDERATION OF TECHNICAL ENGINEERS , ARCHITECTS, AND
DRAFTSMEN 'S UNION , AFL, PETITIONER
Case No. 1-R-3749.Decided January .31 , 19.1,9
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, hearings 1 were held before a hearing
,officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearings are free from prejudicial error and are
hereby affirmed.2
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 organization named below claims to represent employ-
ees 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.
The Petitioner requests a unit of all the Employer's technical em-
ployees, including production engineer , cost estimators, experimental
instrument and model makers, mechanical engineers , detailers, tool
designers, draftsmen, layout and check men, quality control engi-
neers, laboratory technicians, senior radio engineers , junior radio
'The first hearing in this case was held on June 24, August 5, and August 6, 1947.
Pursuant to an order , dated March 24. 1948 , a reopened hearing was held on May 4, 1948.
On November 10, 1948, the parties to this proceeding entered into a stipulation
certain matters might be received in evidence
that
2 At a second hearing in this ease held at Springfield , Massachusetts, on May 4, 1948,
the Employer moved that the petition be dismissed unless the Petitioner provided new
evidence of interest because nearly a year had elapsed since the date of the original peti-
tion we find no basis in this contention to warrant depaiting from our usual policy of
holding that a petitioner' s showing of interest is an administrative matter not open to
collateral attack Matter of O D Jennings d Company , 68 N L R B 516.
* Chairman Herzog and Members Houston and Gray.
81 N. L. R. B., No. 67.
390
F. W. SICKLES COMPANY 391
engineers, radio engineering assistants , tool draftsmen, time-study
engineers , manufacturing methods engineers , supervising general
duty clerk, methods clerks , general duty clerks, specifications writers,
and blueprint operators , but excluding office and clerical employees,
supervisors , and all other employees of the Employer.
The Employer is a Massachusetts corporation engaged in the bus-
iness of manufacturing and selling radio parts and their components.
The Employer employs approximately 1,700 employees , and has a con-
tract with the International Brotherhood of Electrical Workers
(AFL ) covering all hourly paid production and maintenance em-
ployees. The employees sought by the Petitioner in the instant case
are the employees in the engineering departments who have not pre-
viously been represented in any unit.
The Employer contends generally that the unit is inappropriate be-
cause it includes employees in several independent departments, and
that each department should constitute a separate appropriate unit.
The Employer also makes various contentions with respect to the in-
clusion and exclusion of certain classifications of employees, and these
contentions will be dealt with later in this decision.
With respect to Employer 's first contention that employees of all
the engineering departments should not be included in one unit, the
record discloses the following facts. The Employer's engineering
operations are carried on in several departments . The work done
in each of these departments represents a step in the progress of a
radio part to the final point where it can be turned over to the manu-
facturing division for mass production in the factory. A part is
originally developed in the research and development department
where a model is finally made. The model of the part is turned over
to the manufacturing methods department , and this department ana-
lyzes the part to determine how it can be produced efficiently and
economically in mass production . The specifications department,
working with the results achieved by the manufacturing methods de-
partment, prepares working plans and detailed drawings of the part
for use by the manufacturing division. If, at a later time , there is a re-
quest for a change in the specifications of the part , the specifications
department consults the manufacturing methods department before
making the change. The quality control department decides whether
a particular material specified for use in the manufacture of the part
is actually suitable, but this department must consult the manufactur-
ing methods department before making any change in the type of ma-
terial specified . Because the Employer sells most of its merchandise
from samples , it maintains a model development department where
such samples are made, and , in the making of these samples , the model
392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
development department must frequently consult both the specifica-
tions department and the manufacturing methods department. At
various stages in the development of a part, it must be tested to deter-
mine whether or not it meets certain prescribed tolerances and often
special testing equipment must be made for the testing of a particular
part. This work is done by the test equipment department. The
production engineering department is made up of engineers drawn
from the other engineering departments and selected for their detailed
knowledge of the work of the departments involved in the develop-
ment of the part. The function of this department is that of "trouble
shooting" when any difficulty arises with respect to one of the Em-
ployer's products.
On the basis of the above facts and the record as a whole, it appears
that the various engineering departments are closely interrelated.
There is some interchange of employees and a great deal of inter-
dependence as to functions. We find no justification for establishing
a separate unit for each department, and accordingly, we agree with
the Petitioner that the appropriate unit consists of employees of all
the engineering departments in a single unit.
With respect to the individual classifications of employees sought
by the Petitioner, the Employer contends, contrary to the contention
of the Petitioner, that the classifications discussed below are profes-
sional employees within the meaning of Section 2 (12) (a) and (b)
of the amended Act and should, therefore, be placed in a separate
voting group to comply with Section 9 (b) (1) of the amended Act.
If it is decided that any of the disputed classifications are profes-
sional employees, the Petitioner seeks to represent them in the same
unit with the technical employees, if such professional employees
vote in favor of such inclusion.
Manufacturing methods engineers These employees work in the
manufacturing methods department and are charged with the duty
of determining how a new part developed by the research and develop-
ment department may be manufactured in mass production in the
Employer's plant. First, the job in question must be broken down
into simple operations and sequence sheets prepared showing the
appropriate sequence of manufacturing operations. If it is deter-
mined that special tooling is required for the part, the designing of
the tool is turned over to a tool designer who prepares drawings and
designs the tool. Finally, the methods engineers "methodize" the job
by going out into the particular department or departments where
the article is to be manufactured and working with the foremen who
will be in charge of the manufacture of the article. The methods
engineer should have substantial practical experience, usually as a
F. W. SICKLES COMPANY 393
foreman in the manufacturing plant, since this department is designed
to perform a service which helps the factory produce a particular
product cheaply and economically, and enables the foremen to devote
more of their time to supervisory work. Plants which do not main-
tain a methods department depend upon their foremen and superin-
tendent to carry out the work of methods engineers. The work does
not require any substantial amount-off knowledge of an advanced type
in a field of science or learning customarily acquired by prolonged
courses of specialized study in institutions of higher learning. At
the time of the hearing, two methods engineers employed by the Em-
ployer had college degrees in engineering, and six of the engineers
were only high school graduates with some additional technical
,education. All of these engineers had had considerable previous
experience either with this Employer or with employers in related
industries. The usual line of promotion to the job of methods engi-
neer is from the job of foreman in the manufacturing plant.
In view of the above facts, we find, contrary to the contention of
the Employer, that the methods engineers are at most highly skilled
technical employees and are not professional employees within the
meaning of the amended Act.
Tool designer: This employee also works in the manufacturing
methods department. He designs special tools which may be re-
quired for the manufacture of a new part. He must be able to
meet the engineering requirements for the manufacture of radio
and radar parts, consult and advise with respect to the specifications
and manufacturing processes, and work from engineer's drawings
and sketches. He must have a thorough knowledge of the plant's
manufacturing operations and keep informed concerning any changes.
He is required to have considerable technical knowledge of mechanics
and some training in higher mathematics. A tool designer requires
a long period of practical experience in order to develop the requisite
skills for his work. It does not appear that the work done by this
employee meets the requirements of Section 2 (12) (a) or (b) of
the amended Act, and we conclude that he is a highly skilled technical
-employee and not a professional employee.
The production engineers: The production engineering depart-
ment was set up just prior to the hearing in this case, and it was not
known at that time what all its functions would ultimately be. It was
thought that certain responsibilities formerly vested in other depart-
ments would be transferred to this department, and the department's
personnel, consisting of six production engineers, was recruited from
other engineering departments. The most important requirement
for employment in this department was a thorough knowledge of the
394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Employer's products. The engineers were to act as "trouble shooters,"
representing the engineering department as a whole, and eventually
having a good deal of contact with the Employer's customers. The
Employer introduced in evidence a job description for senior pro-
duction engineer which indicated that the chief function of this posi-
tion would be to act as liaison between engineering methods, and
quality control, to insure the expeditious handling of any design
and specification change recommendations which would normally arise
during a preliminary introduction of a new product into production.
On the occasion of customer complaints, the production engineer
would be consulted by members of the quality control department
and would initiate and direct corrective action. This employee is
expected to contact directly any individuals or groups from whom he
believes the most expeditious and complete disposition of a situation
may be obtained. He must leave a thorough knowledge of the construc-
tion, operation, and maintenance of plant equipment, and a good
background of training and practical experience in production, radio,
engineering, methods and mechanics. The job description states that
a production engineer should have a college degree plus at least 1
year of practical experience in the Employer's plant or in a similar
plant, or in the alternative, he should have some technical training
plus 3 years of experience in the Employer's plant or in a similar
organization, or any other suitable combination of formal training
and practical experience. Only one employee from this department
testified at the hearing and the record contains no testimony concern-
ing the experience or qualifications of the other five engineers in this
department. Kazimer Alnelisko testified that he had been in the
Employer's employ for 11 years, 2 years as a solderer, and 9 years in
various other departments not specified. This witness conducted his
own radio business for 3 years and was in the Army for some time.
His salary as a production engineer was $60 a week. The record does
not contain sufficient evidence to enable us to find this position to
come within the definition of a professional employee, and we shall,
therefore, not include production engineers in the separate voting
group of professional employees.
Senior radio engineers: Senior radio engineers are employed in the
research and development department, the test equipment laboratory
department, model development department, and the specifications
section.' The duties and responsibilities of the senior radio engineers
3 At the hearing, the Petitioner contended that some of the senior radio engineers were
supervisors No conclusive testimony concerning their supervisory duties was introduced,
and subsequent to the hearing, in a stipulation signed on November 9 and November 10,
1948 , the parties agreed that none of the job classification included in Petitioner's unit
request were supervisory.
F. W. SICKLES COMPANY 395
vary, depending upon the department in which they are working.
In the research and development department their work is creative
and is concerned with the design and development of new products.
This department is not concerned with mass production problems,
although care is taken to insure that the article being developed can be
manufactured on a mass production basis. The senior radio engineer
in this department is required to be familiar with scientific subjects
relating to radio, radar, and electronics. By study and research he
must keep fully informed on new theories, materials, and experimental
work in these fields. His work is predominantly intellectual and var-
ied; it involves a consistent exercise of discretion and judgment; and
the output cannot be standardized in relation to any given period of
time. The work requires knowledge of the advanced type referred
to in Section 2 (12) (a) of the amended Act. At the time of the
hearing, there were two senior radio engineers in the research and
development department. One was a high school graduate who had
taken special courses at Pratt Institute. He was hired in 1935 by
the Employer as a laboratory technician and had progressed through
the positions of technician, engineering assistant, and junior radio
engineer, to his present position of senior radio engineer. The other
senior radio engineer was hired in 1937 as a sample maker and pro-
gressed through the positions of engineering assistant, quality control
engineer, and junior radio engineer. We find that the senior radio
engineers with the research and development department are profes-
sional employees.
The test equipment department employed one senior radio engineer.
The function of the test equipment department is to design and make
testing equipment, to test the various products manufactured by the
Employer, and also to maintain and service the Employer's testing
equipment throughout the plant. Inasmuch as this department is
concerned with the creation and development of new equipment, the
senior radio engineer might have to possess the same qualifications
as the senior radio engineer in the research and development depart-
ment. However, the record contains insufficient information concern-
ing the duties and responsibilities of this employee to warrant our
finding him to be a professional employee 4 Accordingly, we shall
include him in the voting group of technical employees and allow
him to vote subject to challenge. If the tally of ballots indicates that
his vote is determinative of the result of the election, we shall make
a further investigation to determine his exact status.
4 The stipulation filed by the parties reveals that the individual occupying this position
at the time of the hearing was a high school graduate who had had additional special
courses of an unspecified nature He had owned his own radio service business, was hired
in 1934 by the Employer as a radio technician, and was later promoted to his present
position.
396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The model development department employs one senior radio en-
gineer. This department manufactures samples to be used by the
Employer in the sale of his merchandise. Samples are also made to
meet a customer's specifications on a special order. Many of the em-
ployees in this department were originally employed in the factory
proper and were promoted to this department because of their high
skill and long experience as production workers. This department is
actually a production unit on a very small scale, and is considered
by the Employer as a sort of training ground for the rest of the en-
gineering organization. The one senior radio engineer in this depart-
ment had been an electrician, a refrigerator tester, a sample maker,
and a production engineer. He was hired by the Employer in 1936.
It does not appear that the work of the senior radio engineer in the
model development department meets any of the requirements of the
definition of a professional employee contained in the amended Act,
and we shall not include this classification in the voting group of pro-
fessional employees.
The specifications section employs five senior radio engineers. The
function of this department is to prepare working plans and detailed
drawings of intricate parts and assemblies from sketches, notes, or
models, and to assist in putting the article into manufacture on a mass
production basis. Blueprints must be made of the article and instruc-
tions prepared as to the materials to be used. The engineers must be
able to interpret the drawings, sketches, and specifications of the re-
search department or of the Employer's customers. They must have
a sound knowledge of higher mathematics and electrical and mechani-
cal engineering. The senior radio engineers in this department are
expected to guide the activities of the other employees in the section.
such as blueprint operators, specification writers, detailers, and drafts-
men, but do not act as supervisors within the meaning of the amended
Act. Four of the five senior radio engineers in this department are
graduates of institutions of higher learning and have specialized in
engineering subjects.' It would appear, and we find, that the work
of the senior radio engineers in this department meets the requirements
of the definition of a professional employee in Section 2 (12) (a) of
the amended Act, and we shall accordingly include these engineers
in a separate voting group of professional employees.
Junior radio engineers: Junior radio engineers are employed in the
research and development department, the test equipment department,
the model development department, the specifications department, and
6 One of the senior radio engineers in this department was a graduate of Yale University
in electrical engineering with additional work at M I. T : two others were graduates of
Renssalaer Polytechnic Institute in electrical engineering and another graduated from
Williams College with additional courses in radio.
F. W. SICKLES COMPANY 397
the short order department, which is a subdivision of the specifications
department. In general, the junior radio engineers are expected to
possess the same basic qualifications as the senior radio engineers and
their work corresponds to the work of the senior radio engineers in
the department in which they work. The normal line of progression
for junior radio engineers is to the position of senior radio engineer.
Accordingly, we find that those junior radio engineers who are em-
ployed in departments where we have found senior radio engineers
to be professional employees are likewise professional employees, i. e.,
junior radio engineers in the research and development department,
and the specifications departments We shall include these junior
radio engineers in the professional voting group. We shall include
the junior radio engineers in the model development department, the
short order department, and the test equipment department, in the
voting group of technical employees.
Experimental instrument and model maker: The Employer employs
two experimental instrument and model makers, one in the re-
search and development department and one in the test equipment
laboratory section. This employee does experimental work in design-
ing, redesigning, developing and testing various kinds of fixtures, jigs,
tools, instruments, machines, and models as the need arises in any de-
partment of the plant. He works under the supervision of the chief
mechanical engineer and may assign jobs to the toolroom laboratory or
other workers who furnish him with routine assistance. This em-
ployee must know the mechanics of tool making, be familiar with tools,
machines, gauges, and the instruments necessary for his work. He
must know shop mathematics and be able to figure angles and distances
exactly. He must have a thorough practical knowledge of the nature
of metals, and be able to harden, temper, grind, and lap them. He must
also know how to work with plastics. His work may range in com-
plexity from the designing of a simple wooden jig handle to an intricate
precision tool, radio chassis, or complicated machine to be used in any
one of the many operations of the plant or in a new and untried manu-
facturing process. He must have a wide knowledge of manufacturing
procedures and standard materials. His work is both manual and
mental. To a large degree his work is creative and requires some scien-
tific and technical knowledge. He should have several years of prac-
tical experience as a skilled tool and die maker. Neither of the ex-
perimental instrument and model makers in this plant had completed
high school. One had been a tool maker and machinist, and the other
6 Inasmuch as we are placing the senior radio engineer in the test equipment depart-
ment in the voting group of technical employees and are allowing him to vote subject
to challenge , we shall accord the same treatment to the junior radio engineers in the test
equipment department.
398 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
had been a sheet metal worker. It appears that this position requires
a very highly skilled craftsman, but we do not find that the work is of a
professional nature within the meaning of the amended Act.
Layout and cheekinan: The Employer employs one layout and check-
man in the research and development section. This employee checks
the work of detailers and tracers to locate errors and help them solve
any difficult problems. Ile assists the chief electrical or mechanical
engineer to develop designs to mcet the customers' requirements, and
advises on specifications and manufacturing processes. He must be
able to lay out a design front engineers' suggestions, notes, or sketches.
He should have considerable technical knowledge of radio, some me-
chanical engineering background, some training in higher mathema-
tics, and a thorough knowledge of manufacturing operations in this
industry. The particular individual employed in this position was a
high school graduate with 3 years of special engineering studies in ad-
dition. He had had previous experience as a tool designer, machine
designer. and tool and gauge designer. It would appear that this posi-
tion calls for a highly skilled technician, but that the work is not pro-
fessional within the meaning of the amended Act.
Experimental tool maker: The Employer employs one experi-
mental tool maker in the research and development department. The
record contains no testimony with respect to the duties and qualifica-
tions of the experimental tool maker. The parties stipulated that the
individual employed in this position had had 1 year of high school, had
been hired in 193), without previous experience, and had progressed
through the positions of draftsman and tool maker. There appears to
be no justification in the record for the Employer's contention that this
employee is a professional employee within the meaning of the
amended Act.
Quality control engineer: The Employer employs two quality con-
trol engineers in its quality control department. The job description
produced in evidence by the Employer indicates that this employee
should have a college degree and at least 1 year of practical experience
in a plant similar to the Employer's, or in the alternative, some
technical training plus 3 years of experience in a plant similar to the
Employer's. The quality control engineer is responsible for observ-
ing and reporting upon product quality in the various production
departments of the Employer's manufacturing division. His work
may be initiated by a customer's complaint or by requests for analysis
from other departments of the Employer. He is required to have a
knowledge of the construction, operation, and performance of plant
equipment, and to have a good background of practical engineering
experience in radio manufacture. He must understand the techniques
F. W. SICKLES COMPANY 399
of statistical analysis and be able to install and operate a quality con-
trol system with the necessary control charts. One of the individuals
holding this position with the Employer was a high school graduate
with 2 years at Boston University in the accounting field. He later
attended a Springfield Trade School and training schools conducted
by Philco and R. C. A. The other quality control engineer was a
graduate of Massachusetts State College, with a major in mathematics
and physics. He later completed 1 year of electrical engineering at
Pennsylvania State College. It does not appear that the work of the
quality control engineer meets the requirements of the definition of a
professional employee in the amended Act.
Mechanical engineer: The Employer employs two mechanical engi-
neers in the research and development department. This engineer
designs and develops special equipment and machines for the manu-
facture of company products. He also designs new radio products.
He is required to know higher mathematics and the principles of
radio, radar, and electricity. He must work independently and his
work is of a creative nature. One of the two employees in this classifi-
cation was a high school graduate with 2 years at Northeastern Uni-
versity, specializing in mathematics, mechanics, machine design, and
meteorology. He was hired by the Employer in 1932 and held posi-
tions of tester, foreman, methods engineer, and finally mechanical
engineer. The other mechanical engineer had received 2 years of high
school work and was hired by the Employer in 1930. He has worked
as a laboratory technician, draftsman, designer, and finally mechanical
engineer. It appears that this classification meets the requirements
of the definition of professional employees in the amended Act, and
we shall include mechanical engineers in the voting group of pro-
fessional employees.
The parties were originally in dispute with respect to the inclusion
or exclusion of certain clerks in the engineering department. It was
finally stipulated that the general duty clerks were clerical employees
and not technical and should, therefore, be excluded from the unit
found appropriate. The parties also agreed that methods clerks
were technical employees. The remaining disagreement relates to
blueprint machine operators which the Employer contends are clerical
employees and should be excluded from the unit. The Petitioner
contends that these employees are technical employees and should be
included in the unit.
The blueprint machine operator performs a series of manual or
machine operations, exposing, developing, washing, and drying blue-
prints. While not a highly skilled technician, his work and interests
bear sufficient relation to those of the other technical employees in
the engineering department to warrant his inclusion in the same unit.
400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The parties are in dispute with respect to the inclusion or exclusion
of time-study engineers. The Employer contends that these engineers
are confidential and managerial employees and should not, be included
in any unit. The Petitioner contends that four time-study engineers
should be included in the unit of technical employees. These time-
study engineers make studies on the production floor to determine
the base rate for an operation, which rate, modified by certain allow-
ances and checked by research in the Employer's files, determines the
base pay of the production piece rates operator. The time-study en-
gineer is empowered to refuse to time a job which he believes is not
being performed in the prescribed sequence or where he decides that
the operator is not giving a satisfactory demonstration. The depart-
ment foreman need not be present during the time study and the
foreman's approval of the rates set is not necessary under the collec-
tive bargaining agreement between the IBEW and the Employer.
Written time studies may be spot checked by the head of a depart-
ment, but frequently prices are placed on a job before the study has
been so reviewed. When grievances arise concerning the base rate of
an operation, a time-study man may be called as a witness during the
discussion of the grievance for the purpose of developing the facts
involved in setting the piece rate. As a result of their studies, the
time-study engineers may recommend changes in a particular opera-
tion for the benefit of the Employer. Under the collective bargaining
agreement between the IBEW and the Employer, the Employer re-
serves the right to adjust piece-work rates and no provision is made
for approval by the union except that, in the event the union protests
the rate, the Employer, after 45 days in which he may establish the
fairness of the rate, agrees to submit the new rate to arbitration if
no agreement is reached.
Upon the basis of the entire record, we find that these time-study
engineers are professional employees within the meaning of the
amended Act and not managerial employees as contended by the
Employer. There is nothing in the record to indicate that these en-
gineers act in a managerial capacity. We shall accordingly include
the time-study engineers in the separate voting group of professional
employees hereinafter established.7
' Matter of Detroit Harvester Company, 79 N L R B 1316. In that case we also held
that there was nothing in the amended Act to prevent the time-study employees from being
represented by the same labor organization currently representing production employees.
In the instant case , the labor organization seeking to represent the time-study engineers
is affiliated with the labor organization representing the production employees.
While Board Member Gray would not place time -study engineers in any voting group
for the reasons set forth in the dissenting opinion in the Detroit Harvester case, he deems
himself bound by the majority opinion in that case.
F. W. SICKLES COMPANY 401
The parties are in agreement that the remaining classifications in
the Petitioner's unit request, and not discussed in detail herein, are
technical employees and may be included in the unit to be found ap-
propriate.
We shall direct that separate elections be held in the following
groups and shall defer our determination as to the scope of the unit
until the results of these elections have been ascertained.
1. All manufacturing methods engineers, methods clerks, tool
draftsmen, draftsmen, tool designers, production engineers, blueprint
machine operators, detailers, specifications writers, junior and senior
draftsmen, laboratory technicians, experimental instrument and model
makers, radio engineering assistant, layout and check man, experi-
mental tool maker, quality control engineer, senior radio engineers in
the model development department and the test equipment depart-
ment, and junior radio engineers in the model development depart-
ment, the short order department, and the test equipment department,
but excluding general duty clerks, cost estimators, the supervising gen-
eral duty clerk, supervisors, and all other employees.
2. All senior and junior radio engineers in the research and de-
velopment department and the specifications department, time-study
engineers and mechanical engineers, excluding all supervisors.
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, as amended, among the em-
ployees in the voting groups set forth in paragraph numbered 4, 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 rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by Engineering and Architectural Association, Local No. 112 of
the International Federation of Technical Engineers, Architects, and
Draftsmen's Union, AFL.