Frick Co.

National Labor Relations Board - Board Decisions

Sep 11, 1945

63 N.L.R.B. 837 (N.L.R.B. 1945)

In the Matter of FRICK COMPANY and INTERNATIONAL UNION, UNITED
AUTOMOBILE , AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA (U. A. W.-C. I. 0.)
Case No. 6-R-1157.-Decided September 11, 1945
Mr. L. I. Rice, of Martinsburg, W. Va., and Messrs. D. L. Benedict,
S. F. Workman, and S. S. Snively, all of Waynesboro, Pa., for the
Company.
Mr. Paul Silver, of Cleveland, Ohio, and Messrs. F. L. Innis, Louis
Didisse, and Linwood L. Smith, all of Waynesboro, Pa., for the
Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF TILE CASE
Upon a first amended petition duly filed by International Union,
United Automobile, Aircraft and Agricultural Implement Workers
of America (U. A. W.-C. I. O.), herein called the Union, alleging
that a question affecting commerce had arisen concerning the represen-
tation of employees of Frick Company, Waynesboro, Pennsylvania,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before W. G. Stuart
Sherman, Trial Examiner. Said hearing was held at Waynesboro,
Pennsylvania, on June 28, 1945. The Company and the Union ap-
peared and participated. All parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE, BUSINESS OF THE COMPANY
Frick Company is a Pennsylvania corporation with its office and
principal place of business located at Waynesboro, Pennsylvania. It
63 N. L. R. B., No. 129.
837
838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is a parent company, wholly owning Knickerbocker 'Stamping Com-
pany, a West Virginia corporation, with its plant located at Parkers-
burg, West Virginia; and Mack Machine Company of Pennsylvania,
a Pennsylvania corporation with its plant and main office located at
Philadelphia, Pennsylvania. We are concerned herein with the Com-
pany's operations at Waynesboro, where it is engaged in the manu-
facture, sale, and distribution of refrigerating and air-conditioning
machinery, sawmills, grain threshers, peanut pickers, and accessories
and parts for the above-named types of machinery. During the past
year the Company made purchases of raw and other materials for
use at its Waynesboro plant values in excess of $500,000, of which
approximately 40 percent originated from sources outside the Com-
monwealth of Pennsylvania. During the same period, the total value
of sales of products manufactured at the Waynesboro plant exceeded
$500,000 in value, of which more than 50 percent was sold and shipped
to points outside the Commonwealth.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the-
exclusive bargaining representative-of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner for the Board, introduced into.
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate.'
We find that a question affecting commerce has arisen concern-
ing the representation of employees of the Company, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
The Union seeks a unit comprised of all production and main-
tenance employees of the Company, including shop clerical em-
ployees, inspectors, timekeepers, janitors, guards and watchmen, and-
I The Field Examiner reported that the Union submitted 277 application cards, and that
there were 628 employees in the unit sought.
FRICK COMPANY 839
working foremen, but excluding office clerical employees (including
employees of the planning and stock record department), technical
employees (including employees of the engineering and drafting de-
partments), messengers, temporary employees 2 and supervisory em-
ployees within the meaning of the Board's customary definition; at
the hearing, the Union took the position that, if the above unit is in-
appropriate, insofar as it encompasses timekeepers, guards, and
watchmen, it seeks, in the alternative, separate units of such em-
ployees. The Company contends that shop clericals, inspectors, time-
keepers, office janitors, guards and watchmen, and working foremen
should be excluded from the production and maintenance unit, and
apparently objects to the establishment of separate units embracing
timekeepers, and guards and watchmen.
Shop clerical employees: The Company employs several persons
in a clerical capacity in its shipping and receiving department and in
its inspection department. These employees are carried on the factory
pay roll, and receive their orders and instructions from the foreman
of the department in which they work. In addition to their clerical
duties, they effect the delivery of materials and parts to various sta-
tions in the plant in order to expedite production. We are of the
opinion and find that their duties, interests, and responsibilities war-
rant their inclusion within a unit of production and maintenance em-
ployees.
Inspectors: The Company employs several persons in its inspection
department classified as inspectors or learners. These employees
examine work for imperfections, and have authority to reject faulty
work. They are paid on an hourly basis and may be assigned any-
where in the plant. They have no disciplinary power over fellow em-
ployees, nor do they have access to confidential information affecting
labor relations. We shall include these employees within the produc-
tion and maintenance unit.3
Timekeepers: The Company employs approximately 10 timekeepers
who are paid on an hourly basis and are carried on the factory pay
roll. In addition to their timekeeping duties which entail the keeping
of daily records of the hours of employees, and job and overtime rec-
ords, they write up requests for materials for department foremen
and are responsible for the delivery of these materials to the depart-
ments. Thus, they, are responsible to the personnel manager insofar
as their calculations and reports affect the earnings of employees, and
2 The Company and the Union agree that the term "temporary employees" refers to per-
sons hired by the Company for the summer season who work under work permits obtained
from school or local civic authorities.
See Matter of Sangamo Electric Company, 59 N. L. R. B. 364.
In view of our finding with respect to shop clerical employees , we need not discuss the
other categories of employees in the inspection department . All, with the exception of the
,chief inspector , are included within the production and maintenance unit.
840 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to the foreman of the department, with respect to those matters affect-
ing it. In view of their dual responsibilities we are of the opinion
and find that timekeepers are properly part of the production and
maintenance unit.'
Janitors: The Company's objection to the inclusion of office janitors
within the production and maintenance unit sought by the Union is
predicated upon the fact that in the performance of their janitorial
duties they have access to the main offices wherein confidential files
are kept; this objection does not apply to factory janitors. The record
indicates that office janitors are hourly paid employees on the factory
pay roll who perform the duties usual to this classification, and that
the proper performance of their duties does not authorize them to
"go through" the Company's confidential files. We shall include all
janitors in the production and maintenance unit.5
Working foremen: As previously noted, the Union seeks the inclu-
sion of working foremen in the production and maintenance unit. The
record indicates that all persons classified by the Company as fore-
men, whether or not they perform manual work, have authority to
make recommendations affecting the status of subordinates, and that
the Company attaches weight to these recommendations. Under these
circumstances we find that all foremen are supervisory employees,
and shall exclude them.
Watchmen and guards: The record indicates that the Company em-
ploys seven uniformed and armed guards, and three watchmen. All
have recently been demilitarized, but all are presently deputized.
They exercise monitorial functions with respect to other employees.
In conformance with our customary policy,6 we shall establish a sepa-
rate unit for these employees.
We find that the following groups of employees of the Company
constitute units appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act:
1. All production and maintenance employees, including shop
clerical employees, inspectors, timekeepers, and all janitors, but ex-
cluding office clerical employees (including employees of the Planning
and Stockroom Department), technical employees (including em-
ployees of the Engineering and Drafting Dep'artment), messengers,
watchmen and guards, temporary employees, all foremen, and all other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action.
2. All deputized guards and watchmen, excluding all supervisory
employees with authority to hire; promote, discharge, discipline, or
See Matter of Dahlstrom Metallic Door Company, 61 N. L. R. B. 1160.
° See Matter of Joseph Bancroft & Sons, 60 N L . R. B. 1053.
° See Matter of Standard Steel Spring Company, 62 N. L. R B 660.
FRICK COMPANY 841
otherwise effect changes in the status of employees, or effectively recom-
mend such action.
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by separate elections by secret ballot among the
employees in the appropriate units who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tions herein, and subject to the limitations and additions set forth in
the Direction.'
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Frick Company,
Waynesboro, Pennsylvania, separate elections 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 Sixth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the
employees in the units 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, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding any
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by International Union,
United Automobile, Aircraft and Agricultural Implement Workers of
America (U. A. W.-C. I. 0.), for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Elections.
7 The request of the Union that it be designated on the ballot otherwise than as herein set
forth, is hereby referred to the Regional Director , to whom the Board has delegated discre-
tionary authority in matters relating to the conduct of the election.