Girton Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Nov 4, 1960

129 N.L.R.B. 656 (N.L.R.B. 1960)

,656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Girton Manufacturing Company , Inc.' and United Steelworkers
of America , AFL-CIO, Petitioner. Case No. 4-RC-471. No-
vember 4, 1960
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 Chester S. Mont-
gomery, hearing officer . The hearing officer's rulings made at the
hearing 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 con-
nection with this case to a three-member panel [Members Rodgers,
Jenkins, and Fanning].
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 certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Sections
9(c) (1) and 2(6) and (7) of the Act.'
4. The Employer is engaged in the manufacture of dairy equip-
ment. Its operations are housed in three buildings, located several
hundred yards from one another, at Millville, Pennsylvania. These
buildings are the main office building, the printshop, and the main
production building, also known as plant No. 2. The Petitioner seeks
essentially a production and maintenance unit, including plant cleri-
cals and truckdrivers, but excluding office clericals. The Employer
is in general agreement with the unit proposed by the Petitioner, but
would include employees in the following classifications, whom the
Petitioner would exclude :
Scheduling clerk; production control clerk; inventory control
clerks; production clerk : The Employer contends that the afore-
1 The Employer ' s name appears as amended at the hearing
2 At the outset of the hearing, the Employer introduced in evidence a chart purporting
to show the Employer's executive organization and chain of command Additional oral
testimony was elicited on this subject by both the Employer and the Pe*itioner. There-
after, Petitioner's counsel moved to strike this oral testimony, on grounds that it "im-
peached" the Employer's exhibit This motion, which was referred to the Board by the
hearing officer, is hereby denied The organizational chart prepared by the Employer was
received in evidence only to assist the Board in visualizing the Employer ' s organization,
and is accorded weight only insofar as it is supported by the direct testimony of witnesses
Cf. H C Sommer, d/b/a Comwel Company, 88 NLRB 810, footnote 3
$The Employer moved to dismiss the petition on grounds it does not allege a request
for recognition . However, the Board has held that the filing of a petition in itself con-
stitutes a sufficient demand for recognition to support a representation petition See
F. C. Russell Company , 116 NLRB 1015 , 1016; American Fruit Growers , Incorporated,
101 NLRB 740 . We deny the Employer's motion
129 NLRB No. 74.
GIRTON MANUFACTURING COMPANY, INC. 657
mentioned employees are plant clericals; the Petitioner would exclude
them as office clericals . All these employees work in plant No. 2, the
main production building, and are supervised by the production
control manager.
The scheduling clerk and production control clerk work in a semi-
enclosed area on the second floor of plant No. 2.4 The scheduling clerk
types, duplicates, distributes, and files copies of operations schedules
given him by the production control manager s The production con-
trol clerks perform the same functions as the scheduling clerk, but
with respect to workorders. Both employees are hourly paid.
There are three employees classified as inventory control clerks.
Two of the inventory control clerks have desks located on the first floor
of plant No. 2, between the shipping and stockroom areas. They are
primarily concerned with the Employer's kardex files. One spends
approximately 75 percent of his time posting incoming material onto
the filecards, by pencil, and the remainder estimating costs of materials
for orders. The second inventory control clerk cross-checks requi-
sitions against the kardex file, "allocates" materials to each requisition,
and then takes the requisition slips to the stockroom. Her work may
also take her to the pipecutting department. Both of these clerks are
paid on an hourly basis.
The third inventory control clerk (informally called an expediter),
and the production clerk, are salaried , but are required to punch a
timeclock. Both work hours slightly different from other production
and maintenance employees, and from the other clericals referred to
above. However, both have desks adjacent to the two inventory clerks
referred to above. The expediter checks the kardex files for the avail-
ability of pipe. He also performs expediting work on jobs currently
in production. Approximately 40 to 50 percent of his time is spent
on the open plant floor. Similarly, the production clerk checks the
kardex files to determine the availability of metal sheets. In this con-
nection, he is in frequent contact with the shear operator, to see
whether metal sheets are left over from other operations. The produc-
tion clerk also does some expediting work, largely as to goods already
in the stockroom. The present production clerk has a degree in in-
dustrial engineering, and has, on occasion, been called upon to make
templates and arrange exhibits of the Employer's products.
All the employees described above perform clerical functions di-
rectly relating to the production of the Employer's products. All have
work stations in plant No. 2, the main production building, and have
4 Most of the production work in plant No. 2 is performed on the first floor.
5 The employee classified as scheduling clerk has, since the first date of hearing, also
assumed functions previously performed by the purchasing clerk, such as typing, filing,
and mailing purchase orders. There is no employee currently classified as purchasing
clerk.
586439-61-vol 129-43
658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
varying degrees of contact with regular production and maintenance
employees. All are supervised by the production control manager,
who reports to the works manager.6 Although some of these clericals
are salaried and some are hourly paid, the record indicates that all
enjoy the same fringe benefits as the regular production and main-
tenance employees. In these circumstances, and on the entire record,
we find that employees in the above classifications are plant clericals.
We shall therefore include them in the production and maintenance
units.'
Traffic department clerk: This employee maintains a desk in a parti-
tioned area on the first floor of plant No. 2, but spends only a small
portion of his time there, keeping an inventory of finished goods.
Most of his time is spent physically tagging and loading merchandise
on customers' or the Employer's trucks, or on common carriers. Vir-
tually all loading in the plant is done by the traffic department clerk
and the Employer's two truckdrivers. Occasionally, the traffic depart-
ment clerk is required to wrap shipments for parcel post. He is sala-
ried, and is supervised by the plant sales manager, who also super-
vises the truck drivers. As it appears that the traffic department clerk
functions essentially as a shipping clerk, and works in close contact
with the truckdrivers, whom the parties have agreed to include in the
unit, we find he is a plant clerical and shall include him."
Factory service representative: The factory service representative
spends 'slightly over half of his time on the road, servicing equipment
sold by the Employer. When in the field, he is supervised by the plant
sales manager. The remainder of the time, he works in the plant as
an assembler, under the supervision of the foreman of that depart-
ment. The factory service representative is salaried; approximately
once a year, he attends a meeting of the Employer's sales staff, al-
though he himself does no direct selling. The record indicates that
about 20 other regular production and maintenance employees in the
plant do similar fieldwork, on a rotating basis, although not to the
same extent as the factory-service representative. As it appears that
the interests of the factory-service representative are not substantially
different from those of other production and maintenance employees,
9 The plant superintendent , who oversees regular production and maintenance opera-
tions , also reports to the works manager. Most of the clerical employees in the main
office building , whom the parties have agreed to exclude, are supervised by the comp-
troller; the comptroller reports directly to the Employer 's president . Clerical employees
in the main office building who are involved in trucking operations are supervised by the
plant sales manager.
7 See Ulrich Manufacturing Co, 127 NLRB 239 (inventory control clerk ) ; Mead-
Atlanta Paper Company , 123 NLRB 306, 307, 308 ( schedulers , production control clerks,
inventory control clerks ) ; Mixermobile Manufacturers , Inc., 119 NLRB 1617, 1618
(kardex clerk).
s LeTourneau -Westinghouse Company , 113 NLRB 684 , 686; Thiokol Chemical Corpora-
tion, Redstone Division , 123 NLRB 888, 890.
GIRTON MANUFACTURING COMPANY, INC. 659
and as he would otherwise be without collective-bargaining represen-
tation, we shall include him in the unit."
Draftsmen : The Petitioner would exclude the five draftsmen 10 as
technical employees. These employees make blueprint "job drawings"
of dairy equipment to be produced by the Employer, after being given
a description of the desired product by the chief engineer or chief
draftsman. The three draftsmen who testified at the hearing indicated
that they had from 14 to 24 months each of drafting training at local
technical institutes, and that they utilized this training in the per-
formance of their jobs. One had 4 years' experience as a draftsman
prior to coming to work for the Employer, and possessed an associate
engineer's degree. The draftsmen work in an office on the second floor
of plant No. 2, and are hourly paid. They are supervised by the chief
draftsman and the chief engineer. We find on the record that the
draftsmen perform the type of work normally associated with their
classification, requiring substantial technical skill and training. We
find, therefore, that they are technical employees. As one of the
parties has objected to their inclusion in the production and mainte-
nance unit, we shall, in accordance with normal Board practice, ex-
clude them."
Printshop employees : The Employer would include the three non-
supervisory employees working in the printshop, i.e., the varitype
operator, printing press operator, and pressman-cameraman. These
employees print advertising material for use in connection with the
Employer's products, as well as forms used by all the Employer's
departments.12 The printshop is located in a separate building, one-
half block from the Employer's main office building.
The varitype operator types layouts, as given her by the printshop
foreman. She also performs miscellaneous jobs in connection with
the printing operation, such as filing and binding. The printing press
operator operates an offset press 75 percent of the time, and a folding
machine the remainder of the time. The pressman-cameraman op-
erates an offset press also, as well as an offset camera, which is used in
making plates for the press. From time to time, he takes pictures of
new equipment in plant No. 2, with a regular press camera. The vari-
type operator and printing press operator are hourly paid; the press-
man-cameraman is salaried. All are supervised by the printshop
foreman, who reports to the plant superintendent.
Although the work of the printshop employees differs from that
performed by other production and maintenance employees, it ap-
s See J. I. Case Company, Bettendorf Works, 105 NLRB 638, 640; Miller Hydro Co.,
Case Na 10-RC-4168 (October 1958, not published in NLRB volumes).
10 One draftsman is classified as "repair parts draftsman." He makes blueprint draw-
ings for repair parts.
11 J. P. Stevens & Company, Inc., 123 NLRB 758.
1' A very small percentage of the material printed in the printshop is sold to Girton
Sales Company, a separate corporation.
660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pears that otherwise there is no substantial difference in their interests.
Both groups of employees enjoy the same general working conditions
and fringe benefits; both are under the overall supervision of the
plant superintendent. No union seeks to represent the printshop
employees separately. As the printshop employees are engaged di-
rectly in the production of printed material, we find they are produc-
tion employees. As we also find that they have sufficient interests in
common with other employees in the unit, we shall include them.l3
We find that the following employees of the Employer constitute
a unit appropriate for purposes of collective bargaining within the
meaning of Section 9 (b) of the Act :
All production and maintenance employees at the Employer's Mill-
ville, Pennsylvania, operations, including the scheduling clerk, pro-
duction control clerk, inventory control clerks, production clerk,
traffic department clerk, and other plant clericals; the factory serv-
ice representative; printshop employees; truckdrivers; janitors; and
working group leaders; 14 but excluding all other employees; drafts-
men; the receptionist-switchboard operator, accountant-factory pay-
roll clerk, and other office clerical employees; professional employees;
guards, and all supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
13 Kentucky Rural Electric Cooperative Corp., 127 NLRB 887 (print shop ) ; Litton
Industries of Maryland, Inc, 125 NLRB 722 (publications section)
14 The Employer would include certain working group leaders . At the hearing, the
Petitioner did not clearly indicate its position with respect to these employees , they are
not specifically contested in the Petitioner 's brief In any event , the record indicates that
the working group leaders are merely more experienced employees performing regular pro-
duction and maintenance work ; they possess none of the statutory indicia of supervisory
authority . We include them in the unit.
Fetzer Television , Inc. and National Association of Broadcast
Employees and Technicians (AFL-CIO)
Fetzer Television , Inc. and National Association of Broadcast
Employees and Technicians (AFL-CIO). Cases Nos. 7-CA-
2567 and 7-CA-2567 (1). November 16, 1960
DECISION AND ORDER
On June 21, 1960, Trial Examiner Sydney S. Asher, Jr., issued his
Intermediate Report in the above-entitled consolidated proceeding,
finding that the Respondent had engaged in certain unfair labor prac-
tices. The Trial Examiner also found that the Respondent had not
engaged in certain other unfair labor practices and recommended that
the complaint be dismissed with respect to such allegations. These
findings, conclusions, and recommendations are more fully set forth
129 NLRB No. 76.