Geneva Forge, Inc.

National Labor Relations Board - Board Decisions

Dec 6, 1955

114 N.L.R.B. 1295 (N.L.R.B. 1955)

GENEVA FORGE, INC. 1295
service employees , including porters, parts department, stockroom,
and shipping and receiving employees, shop clerical employees, and
drivers, but excluding all office employees , salesmen , watchmen,
guards, professional employees, and supervisors as defined in the Act.
[Text of Direction of Election 4 omitted from publication.]
4 The record does not indicate to what extent the Respondent 's operations were shut
down as a result of a strike of all the employees in the unit herein which commenced on
August 10, 1955, and was still in progress as of the date of the hearing. If the Employer's
operations continued during the strike or were resumed by the date of this Decision, the
usual eligibility date shall be used. If operations were closed down at the time of the
strike and have not resumed , the payroll period immediately, preceding August 10, 1955,
the stipulated date, shall be used . See Tanners Association of Fulton County, Leo.,
87 NLRB 211, 214; Chase-Shaaamutt Company, 71 NLRB 610, 612.
Geneva Forge , Inc. and International Association of Machinists,
AFL, Petitioner. Case No. 3--RC-1594. December 6,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Hymen Dishner, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.'
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 Petitioner, the International Association of Machinists,
AFL, is a labor organization claiming to represent certain employees
of the Employer. However, the Employer contends that the Inter-
national Association of Machinists, Organizing Committee-Geneva
Forge Workers, herein called the Committee, is also a labor organiza-
tion within the meaning of the Act and must comply with Section 9
(f), (g), and (h) of the Act before the Board may process the instant
petition. In this connection, the Employer made an offer of proof
which was rejected by the hearing officer and it subsequently filed a
motion either to remand for further hearing or, in the alternative, to
dismiss the petition.
The record shows that the Committee is a group of employees who
voluntarily solicited cards for the Petitioner and also appeared as
signatory on a letter addressed to Geneva Forge workers. The letter
stated that a majority of the employees had signed the Petitioner's
authorization cards, and that an election had been requested of the
Board. It also solicited further authorization cards. The Committee
1 The Employer challenges the showing of interest with respect to currency, sufficiency,
and authenticity. Showing of interest, however, is an administrative matter not litigable
by the parties. We, therefore, reject the Employer's contention.
114 NLRB No. 198.
1296 DECISIONS OF NATIONAL" LABOR RELATIONS BOARD
appears to have neither finances nor organization. There is no evi-
dence that it engages in bargaining, collects dues, or has any other
attributes of a labor organization. In these circumstances, we find
that the Committee is not a labor organization within the meaning of
Section 2 (5) of the Act and need not comply with Section 9 (f), (g),
and (h) of the Act.' While the hearing officer may have erroneously
restricted the Employer's attempts to litigate the status of the Com-
mittee and rejected its offer of proof, we find no prejudicial error,
because the record, including the offer of proof, affords a sufficient
basis for our determination that the Committee is not a labor organiza-
tion and need not comply.' Accordingly, we deny the Employer's
motion to dismiss or remand.
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 Petitioner seeks to represent a unit of production and main-
tenance employees excluding cafeteria employees, time-study em-
ployees, and subforemen. The Employer generally agrees with the
Petitioner as to the unit but would include cafeteria employees and
would have the Board rule specifically as to the placement of time-
study employees and subforemen.
The cafeteria employees prepare and serve food to the plant work-
ers. There have been permanent transfers between the cafeteria and
the plant, and a plant employee regularly works part time in the cafe-
teria. Although separately supervised, cafeteria employees are hourly
paid and receive the same benefits as plant employees. In these cir-
cumstances, we find that the cafeteria employees have sufficient inter-
ests in common with plant employees to warrant their inclusion in the
unit and we include them.4
Time-study employees make time studies and set piece rates. They
were specially trained for the job by the Employer. On these facts,
we agree with the parties that time-study employees do not have
sufficient interests in common with plant employees to be included
in a unit with them and we exclude them.'
There are 19 subforemen who direct from 3 to 39 employees each.
Fourteen are under 4 departmental foremen who are admitted super-
visors, while 5 are in departments which have no departmental fore-
men. The subforemen give out and assign work to the employees
under them and have the responsibility to see that the work gets out.
They recommend discipline and pay increases and attend depart-
mental foremen's meetings. Although the Employer specifically con-
siders that 14 of the subforemen are supervisors, the record shows that
! General Shoe Corporation , 113 NLRB 905.
8 Royal Jet , Incorporated, 113 NLRB 1064 , footnote 1.
' Sunnyland Packing Company, 113 NLRB 162.
5The Firestone Tire and Rubber Company-Firestone Textiles Division, 112 NLRB 571..
VERSON MANUFACTURING CO. 1297
all have the same responsibility toward the employees under their di-
rection. In these circumstances, we find that the subforemen are
supervisors and exclude them from the unit.
We therefore find that all production and maintenance employees
of the Employer at its Geneva, New York, cutlery manufacturing
plant, including cafeteria employees and probationary employees, but
excluding office clerical employees, time-study employees, first aid
employees, the registered nurse, professional employees, guards, spe-
cial assistant to the plant manager, departmental foremen, subforemen,
and all other supervisors as defined in the Act, constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.6
5. The Employer contends that the petition was prematurely filed
because of the contemplated expansion of 200 employees at the plant
herein involved. In this connection, the Employer also filed a motion
for reopening the record and oral discussion, indicating an anticipated
"production increase" within 18 months. The record indicates that
the Employer currently employs approximately 400 employees in
many different categories and there is no showing that any new cate-
gories of employees will be added to the existing classifications. Fur-
ther, the record shows that the contemplated expansion is to take place
"sometime in the near future." In these circumstances, we find that
the date of the expansion is indefinite and speculative, even if it should
occur within 18 months, and that the Employer's present employee
complement is substantial and representative of those to be employed
in the near future. Accordingly, we find that the petition was not
prematurely filed and we deny the Employer's ]notion.'
[Text of Direction of Election omitted from publication.]
MEMBERS MURDOCK and BEAN took no part in the consideration of
the above Decision and Direction of Election.
6 The record is inadequate to determine whether the cafeteria cashier is a supervisor
and the three watchmen - firemen are guards. Accordingly , we will not determine at this
time their unit placement but will permit them to vote subject to challenge Management
Servtices, Inc., 108 NLRB 951, 953.
'American Brake Shoe Company, 109 NLRB 1282, 1283
Verson Manufacturing Co. and District 126, International As-
sociation of Machinists , AFL, Petitioner . Case No. 16-RC-1736.
December 6, 1955
DECISION AND CERTIFICATION OF RESULTS
OF ELECTION
Pursuant to a stipulation for certification upon consent election,
approved on August 24, 1955, an election by secret ballot was con-
114 NLRB No. 196.