Fairbanks, Morse and Co.

National Labor Relations Board - Board Decisions

Apr 11, 1942

40 N.L.R.B. 455 (N.L.R.B. 1942)

In the Matter of FAIRBANKS,-. MORSE AND Co. and LOCAL 674,
INTERNATIONAL' ASSOCIATION OF MACHINISTS, AFFILIATED WITH
- AMERICAN FEDERATION OF LABOR
• \ Case No. R-3625.-Decided April 11, 1942
Jurisdiction : pump manufacturing industry.
Investigation and Certification of Representatives : existence of question': Com-
pany questions the union 's designation by a majority of the. employees;
election necessary.
Unit Appropriate for Collective Bargaining : all production, maintenance, and
shipping-department employees , excluding supervisory, office and clerical em-
ployees, temporary common laborers , and watchmen. -
Mr. William F. Price, of Chicago, Ill., for the Company.
Mr. Sam M. Doerner, of Little Rock, Ark., for the Union.
Mr. A. Summer Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 22, 1941, Local 674, International Association of
Machinists, affiliated with American Federation of Labor, herein
called the Union, filed with the Regional Director for the Fifteenth
Region (New Orleans, Louisiana) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Fairbanks, Morse and Co.,' Stuttgart, Arkansas, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On February 24,
1942, the National Labor Relations Board,, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section 3,
of National Labor Relations Board Rules and Regulations-Series 2,
s s amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
IIncorrectly described in the petition and other formal papers as Fairbanks-Morse Com-
pany and corrected by stipulation and motion at the hearing
40 N L. R. B., No 76
455
456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On March 2, 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon "the Company and the Union.
Pursuant to notice, a hearing was held on March 12, 1942, at Stuttgart,
Arkansas, before Charles A. Kyle, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company and the Union were
represented and participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded all parties. During the hear-
ing, the Trial Examiner made rulings on motions and on objections to
the admission of evidence. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Fairbanks, More and Co. is an Illinois corporation with an office
and plant at Stuttgart , ' Arkansas . The Company is engaged at its
Stuttgart plant in the manufacture , sale, and distribution of water
pumps and accessories . During the calendar year 1941 , the Company
used at its Stuttgart plant raw materials valued at more than $300,000,
90 percent of which originated outside the State of Arkansas. During
the same period , the Company manufactured at its Stuttgart plant
finished products having a value of over $800 ,000, of which 90 percent
was shipped to points outside the State of Arkansas.
II. THE ORGANIZATION INVOLVED
Local 674, International Association of Machinists, is a labor or-
ganization affiliated with the American Federation of Labor. It ad-
mits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing it was stipulated by the parties that the Company
questions the Union's designation by a majority of the employees in
the unit alleged to be appropriate.
A report of the Regional Director, introduced in evidence, shows
that the Union represents a substantial number of employees in the
alleged appropriate unit.'
3 The Regional Director reported that the Union had presented 23 signed authorization
cards, dated between Januaiy 1 and February 2, 1942 , beaung apparently genuine signa-
tures of persons whose names are on the Company 's pay roll of January 15 , 1942. There
arP approximately 40 employees in the unit hereinafter found appropriate
FAIRBANKS, MORSE AND CO. 457
We find that a question has arisen concerning the representation of
employees of the Company.
IT. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial rela-
tion to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union claimed in its petition that the appropriate unit should
consist of all production, maintenance, and shipping-department em-
ployees, excluding supervisory, office, and clerical employees, and
watchmen.5 The Company does not dispute the appropriateness of this
unit.
The Union and the Company agreed that common laborers who
unload pipe, and whom the Union would exclude, are temporary em-
ployees. We shall exclude them. They further agreed that the em-
ployee who acts as both janitor and watchman but does no production
work should be excluded. The parties are not agreed as to the status
of Ed. Ahrens, Herman Glover, Jimmie Buckley, and J. B. Kleiner.
The Union contends that Ahrens and Glover should be excluded as
supervisory; employees, and that Buckley find Kleiner should be
excluded upon the ground that they are clerical employees.
Ahrens works in the shipping department where he is responsible
for the proper installation of a particular section of pump known as
the rotary seal. In addition to making installations, he has authority
to point out defective installations to the three men who work with
him and to instruct them to obtain replacements for defective parts.
He is not regarded by the Company as a foreman or assistant foreman,
and has no authority to hire or discharge. He is paid on an hourly
basis at a rate which is approximately 10 cents per hour more than
that received by the men working with him.
Glover is in charge of assembling and crating parts in the shipping
department. He is paid on an hourly basis at a rate which is 10 or 15
percent higher than that of the three men who work with him. He is
` 3 At the hearing it was agreed that the following are supervisory employees : Davis,
Woerner , Norris , and Campbell It further appears that Raymond Calliotte in the receiv-
ing department is a production worker and is to be included with the production employees
in the appropriate unit.
458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
not regarded by the Company as a foreman or supervisory official and
has no authority with regard to the hire or discharge of other melt
working in the department. In the course of his duties he selects and
lays- out the various parts to be packed by the group of employees
working with him; he also makes out the packing slips. The record
indicates that he performs the same kind' of work as, and works with,
other employees in the shipping department.
We are of the opinion that the duties and interests of Ahrens and
Glover are similar to those of other production, maintenance, and
shipping-department employees and that their -minor supervisory
duties do not warrant excluding them from the unit.4 We shall
accordingly include them in the unit.
Buckley and Kleiner spend 60 to 65 percent of their time in the
superintendent's office performing clerical work in connection with a
cardex system relating to.the inventory. They spend the balance of
their time in the plant proper or in the stockroom unloading materials.
They receive the same rate of pay as one Raymond Calliotte, who
works full time in the stockroom.
We are of the opinion that inasmuch as Buckley and Kleiner are
engaged primarily in duties of a clerical nature," they have not suffi-
cient community of interest with the other employees in the appro-
priate unit. We shall, accordingly, exclude them from the unit.
We find that all production, maintenance, and shipping-department
employees of the Company, excluding supervisory, office, and clerical
employees, temporary common laborers, and watchmen, constitute a
unit appropriate for the purposes of collective bargaining, and that
such unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining and other-
wise will effectuate the policies of the Act.
VI. THE DEITRMINATION OF REPR1,SENTAVHVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot.
The Union requests that eligibility be determined by reference
to a pay roll current at the date of the hearing. The Company re-
quests that the Board follow its usual practice in determining the
date of eligibility. We see no reason in this case to depart from
our usual practice, and we shall therefore direct that the employees
eligible to vote shall be those in the appropriate unit who were em-
See Matter of Indianapolis Paint & Color Co. and Chemical Division of Distract No. 50
United Mine Workers of America, affiliated with the C I. O , 38 N L R B , 185.
6 See Matter of Indianapolis Paint & Color Co , supra; Matter of Jerry and Edythe
Belanger, partners doing business under the fictitious name of Aluminum Alloy Casting
Company and National Association of Die Casting Workers, Local 101, C I. 0., 32 N. L.
R. B, 1276
FAIRBANKS, MORSE AND CO. 459
ployed during the pay-roll period immediately preceding the date
of our Direction of Election herein, subject to the limitations and
additions set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following : ' .
1
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Fairbanks, Morse and Co., Stuttgart, Ar-
kansas, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All production, maintenance, and shipping-department em-
ployees of the Company at its Stuttgart, Arkansas, plant, excluding
supervisory, office, and clerical employees, temporary common labor-
ers, and watchmen, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Na-
tional Labor Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Fairbanks, Morse and Co., Stuttgart, Arkansas, 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 direction
and supervision of the Regional Director for the Fifteenth Region,
acting in this matter as agent for the National Labor Relations Board
and subject to Article III, Section 9, of said Rules and Regulations,
among all production, maintenance, and shipping-department em-
ployees of the Company at its -Stuttgart, Arkansas, plant, employed,
during the pay-roll period immediately preceding the date of this
Direction, including any such employees who did not work during
such pay-roll period because they were ill or on vacation or in the
.active military service or training of the United States, or tempo-
rarily laid off, but excluding supervisory, office, and clerical " em-
ployees, temporary common laborers, and watchmen,-- and-- any
employees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by Local 674,
International Association of Machinists, affiliated with the American
Federation of Labor, for the purposes of collective bargaining.