Glenn L. Martin Co.

National Labor Relations Board - Board Decisions

Apr 21, 1948

77 N.L.R.B. 237 (N.L.R.B. 1948)

In the Matter of GLENN L. MARTIN COMPANY, EMPLOYER and INTER-
NATIONAL ASSOCIATION OF MACHINISTS , PETITIONER
Case No. 5-R-2910
SECOND SUPPLEMENTAL DECISION
AND
SECOND DIRECTION
April '21, 1948
On August 21, 1947, pursuant to a Decision and Direction of Elec-
tion 1 issued by the Board herein, an election by secret ballot was
conducted under the direction and supervision of the Regional Di-
rector for the Fifth Region (Baltimore, Maryland). Upon the con-
clusion of the election, a Tally of Ballots was furnished the parties.
The Tally shows that there were approximately 8542 eligible voters
and that 6242 ballots were cast, of which 1916 were for the Petitioner,
2729 for International Union, United Automobile, Aircraft and Agri-
cultural Implement Workers of America, CIO, herein called the Inter-
venor, 965 for neither, 15 void, and there were 617 challenged ballots.
On August 25, 1947, the Employer filed timely objections to the
conduct of the election.
On January 30, 1948, the Regional Director issued and served upon
the parties his Report on Objections and Challenges, recommending
that the Employer's objections to the conduct of the election be over-
ruled, that the challenges to 508 ballots be overruled, that the chal-
lenges to 82 ballots be sustained, and that ruling be reserved on
challenges to 27 ballots. Thereafter, the Petitioner, the Intervenor,
and the Employer filed exceptions to the Regional Director's rec-
ommendations concerning certain challenges. On March 16, 1948, the
Board, having duly considered the Regional Director's report, the
parties' exceptions thereto, and the entire record, overruled the Em-
ployer's objections, and directed that the Regional Director open and
count the ballots cast by certain employees, and thereafter prepare
and serve upon the parties a Supplemental Tally of Ballots.
1 74 N. L. R. B. 546.
77 N. L. R. B., No. 26.
237
238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The revised Tally of Ballots, dated March 22, 1948, shows:
Void ballots 17
Votes cast for international Association of Machinists-____- 1980
Votes cast for International Union United Automobile, Aircraft
and Agricultural Implement Workers of America, CIO____ 3047
Votes cast against participating labor organizations--------_ 1033
Valid votes counted_______________________________________ 6060
Unopened challenged ballots________________________________ 88
Valid votes counted plus challenged ballots------------------ 6148
Inasmuch as it appeared that the results of the election were still
inconclusive,2 the Board, on March 29, 1948, issued a Notice to all
parties directing each party to file with the Board a statement of its
position concerning the eligibility or ineligibility of the 88 voters
upon whose challenged ballots the Board has not yet ruled.
The statements filed by the parties in response to the Notice, reveal
that all parties have withdrawn their exceptions to the Regional
Director's recommendation to open and count 45 challenged ballots of
voters whose names appear on "Appendix A," attached hereto and
made a part hereof, and to sustain 5 challenged ballots of voters
whose names appear on "Appendix B," 8 attached hereto and made a
part hereof. Since the parties are in substantial agreement with
respect to the eligibility of these 50 voters, the ballots of 45 voters
whose names appear on "Appendix A" are hereby declared valid,
and the ballots of the 5 voters whose names appear on "Appendix B"
are hereby declared invalid.
With respect to the remaining 38 challenged ballots, the Regional
Director had recommended that they be opened and tallied. In its
statement, the Employer renews its original exceptions to this recom-
mendation, contending that the 36 Project Clerks-A, whose names
appear on "Appendix C," attached hereto and made a part hereof,
are supervisory employees and therefore not properly within the unit;
that 2 additional employees who were listed as Project Clerks-A' are
actually Planners and Schedulers, an out-of-unit classification. The
Intervenor, who originally contended that Project Clerks-A were
non-supervisory employees properly within the unit and eligible to
vote, now indicates in its statement that it is in agreement with the
3 The U. A. W lacked 28 votes to secure a majority.
3 The Employer had originally excepted to the Regional Director 's recommendation to
sustain the challenges to the ballots of William Hofstetter and George Rhodes The
Regional Director had found that both men were leaders , an out -of-unit classification,
during the eligibility period , and were therefore not eligible to vote in the election The
Employer has now withdrawn its exception . The Petitioner , however, in its statement;
contends for the fist time that these employees should be eligible to vote because , although
they were leaders during the eligibility period , they were reclassified to in -unit classification
just prior to the election, and a substantial period of time has elapsed since they last
served as leaders We find no merit in this contention
4 J. H Schad and Al. J. Sanders.
GLENN L. MARTIN COMPANY 239
facts set forth by the Employer concerning the work of these em-
ployees. The Intervenor takes no position on the proper classification
of J. H. Schad and M. J. Sanders as Planners and Schedulers. The
Petitioner has consistently urged the Board's adoption of the findings
and recommendation of the Regional Director that Project Clerks-A
are not supervisors, and that their ballots be opened and counted.
The undisputed facts concerning the duties and responsibilities
of Project Clerks-A reveal that these employees devote one-third of
their time to instructing, "supervising," assigning, reviewing and
checking the work of Project Clerks-B and Project Clerks-C who
are agreed to be within the unit. The balance of their time is spent
in expediting production by determining causes for delay, initiating
changes in manufacturing processes, coordinating changes in products
in collaboration with the Engineering Department, arranging for the
use of substitute materials, acting in the capacity of liaison between the
Engineering Department, the Tool Manufacturing Department and
the Manufacturing Department when production delays occur. On
occasion these clerks may deal directly with department heads.
Project Clerks-A were included in the unit found by the Board
to be appropriate in its Decision and Direction of Election dated
June 11, 1943,' and in its Decision and Direction of Election dated
July 18, 1947.6 These employees were covered by the expression
"Production and Planning Employees who work on the plant floor."
Since the Board's Decision in June 1943, these employees have been
included in the unit covered by all contracts between the Employer
and the Intervenor. In the Employer's "Job Rating Specifications"
used in evaluating an employee's duties in order properly to allocate
his classification in a labor grade, there is included a factor called
"Responsibility for work of others" and a certain number of points
are applied for such factor. The record reveals that Project
Clerks-A receive the same number of points for such factor as do
Installation Mechanics, First-Class, who have never been considered
supervisors by the Employer. It also appears that the Installation
Mechanic actually directs the work of a much larger group of men
than does the Project Clerk-A. The Employer did. not contest the
inclusion in the bargaining unit of Project Clerks-A at the hearing
in the instant case or at the hearing in 1943, and did not challenge the
ballots of such employees in the 1943 election.
On the basis of the entire record, we do not believe the Project
Clerks-A are supervisors within the meaning of the amended Act,
6 Matter of Glenn L. Martin Company, 50 N. L. R. B. 412.
6 Matter of Glenn L Martin Company, 74 N. L. R B 546.
240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and accordingly, we find that they are properly included within the
appropriate unit. Their ballots are hereby declared valid.
Inasmuch as the parties do not dispute the Employer's statement
that J. H. Schad and M. J. Sanders are Planners and Schedulers, an
out-of-unit classification, we find that they are not properly within
the unit. Their ballots are hereby declared invalid.
DIRECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) (1) of the National Labor Relations
Act, as amended, and pursuant to Section 203.61 of National Labor
Relations Board Rules and Regulations-Series 5, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Glenn L. Martin
Company, Middle River, Maryland, the Regional Director for the
Fifth Region shall, pursuant to the Rules and Regulations of the
Board set forth above, within ten (10) days from the date of this
Direction, open and count the ballots cast by the employees listed on
"Appendix A" and "Appendix C," and thereafter prepare and serve
upon the parties to this proceeding a Second Supplemental Tally of
Ballots.
CHAIRMAN HERZOG took no part in the consideration of the above
Second Supplemental Decision and Second Direction.
APPENDIX A
Arvey, R. H.
Asher, Wm. W.
Barthel, Evelyn N.
Bassin, Gladys A.
Biggs, M.
Bitzer, Mildred Rebecca
Boehlke, C.
Dillon, Ada Walker
Drumond, Gladys Frank
Gains, J. R.
Geidt, William
Graham, Samuel Allen
Hardy, Lawston
Hellams, Alice
Higgins, Roy
Jackson, Leuolia
Jones, Mary E.
Judkins, H. P.
Kane, Ella
Keene, C. L.
Knorr, P.
Lastowski, P. A.
Lawrence, G. W.
Layesman, F. S.
Lowell, P. A.
Millholland, W. E.
Mitchell, J. R.
Moore, J.
Norwood, W. F.
Peierson, M. W.
Reese, Richard M.
Reus, J. F.
GLENN L. MARTIN COMPANY
Schaeffer, H. W.
Schultz, C.
Sigwart, Bernard J.
Smith, Charles W.
Smith, Harry B.
Stran, Herbert A.
Suljak, George
Hofstetter, William
Rhodes, George
Sommer, John
Becker, Carl
Blair, E. J.
Blondell, L. P.
Butcher, L. W.
Collingsworth, R.
Davis, E. J.
Dill, E. H.
Dunnelly, L.
Erauth, M. L.
Gately, B.
Gorsuch, L. C.
H°auth, Jr., G. M.
Heinefield, W. B.
Hughes, J. W.
Hunton, W. L.
Jednoralski, J.
Johnston, Robert
Kelly, P. F.
Tyson, R. W.
Umerlick, Joseph P.
Wagner, J. L.
Ward, Bettye B.
Westgate, Joseph L.
Whitener, Margaret D.
APPENDIX B
Carper, Frances
Windsor, Culver Buchannan
APPENDIX C
Kuehn, H. B.
League, W. C.
Matczuk, J. J.
Matthaei, L.
Morawski, J.
Morris, H. M.
Porter, C.
Spangler, M. L.
Starkey, A.
Starkey, H.
Stroot, Charles
Strott, H. B.
Vitek, C. H.
Wagner, W. A.
Warfield, P.
Webb, W. D.
Weiss, R. J.
Wood, R. H.
241