Gould & Eberhardt Co.

National Labor Relations Board - Board Decisions

Mar 28, 1946

66 N.L.R.B. 1326 (N.L.R.B. 1946)

In the Matter of GOULD & EBERHARDT CO. and AMERICAN FEDERATION
OF LABOR, OFFICE EMPLOYEES INTERNATIONAL UNION
Case No. 2-R-5922.Decided March 28, 1946
Mr. Norbury C. Murray. of Newark, N. J.. for the Company.
Mr. Samuel R. Isard, of Newark, N. J.. for the union.
Mr. Charles B. Slaughter, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by American Federation of Labor, Office
Employees Ili-ternational Union, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Gould & Eberhardt Co., Irvington, New
Jersey, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Jack Davis, Trial Examiner. The hearing was held at Newark, New
Jersey, on November 8, 1945. The Company and the Union appeared
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 ire hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF' THE COMPANY
Gould & Eberhardt Co. is a New Jersey corporation engaged in
the manufacture of machine tools at its plant at Irvington, New
Jersey. During the past year the Company purchased raw materials,
principally steel, in excess of $500,000, approximately 90 percent of
which was shipped to the Company's plant at Irvington, New Jersey,
66 N. L. R. B., No. 158.
1326
GOULI) & EI3E RH.AItDT CO. 1327
from points outside the State. During the same period, the Company
manufactured finished products in excess of $500,000, more than 90
percent of which was shipped out of the State of New Jersey.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
American Federation of Labor, Office Employees International
Union, is a labor organization, admitting to membership 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 Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
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 UNIT
The Union seeks a unit of office and technical employees of the
Company, excluding confidential secretaries, executives, the book-
keeper,2 pay-roll supervisor, supervisors, and superintendents .3 The
Company raised no objection to the unit of office end technical em-
ployees. However, it disputes the propriety of including the follow-
ing employees in the unit :
Telephone operators (regular and relief). The Company employs
one regular telephone operator who is in charge of the telephone
switchboard through which pass all incoming and outgoing calls
and some inter-office conversations. The regular operator is relieved
occasionally during the day by a relief operator. The Company
1 The Field Examiner reported that the Union submitted 23 cards , bearing the names
of 19 emploTees listed on the Company's pay roll of October 7, 1045, and that the cards
are dated September 1945.
There are approximately 60 employees in the appropriate unit.
The Union took the position at the hearing that it was willing to exclude the book-
keeper, A. J. Heyeck.
$ Since 1937 the Company has had a contract with International Association of Ma-
chinists , A. F. of L., covering its production and maintenance employees
1328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
would exclude the regular and relief operators on the ground that
they are confidential employees, because they are able to listen in
on all conversations which go through the switchboard. However,
since these employees are not required to listen to confidential calls
in the regular course of their duties, we shall, according to our usual
custom, include them 4
Production clerks (or timekeepers). There are four production
clerks who are located in the plant office under direct supervision
of the chief timekeeper, who, in turn, reports directly to the plant
manager. They receive work and assign it to machine operators
in accordance with the job order accompanying the job. In the event
there is a question as to whether a particular machine is sufficiently
accurate, or an operator possesses an adequate degree of skill, these
clerks first consult with the foreman before assigning the work. They
also insure that the machine operators punch the time cards when
they receive the work, and punch out the time cards upon completion
of the job. This is necessary in computing the operators' pay for
completed work. Before taking the time cards to the pay-roll de-
partment, the time clerks have them certified by the foreman. During
approximately 10 percent of their time the production clerks act as
assistants to the foremen and occasionally substitute for foremen who
are absent from the plant. However, if any problems arise, the
production clerks turn them over to the general foreman for
disposition.
In support of its contention that production clerks are a part of
management, the Company urges the importance of the time cards,
both to the production employees and the Company, and argues that
their duties are functions of foremen in smaller shops. However, the
duties of these clerks appear to be purely routine in nature and involve
little or no discretion. We shall, therefore, include them.
Rate set time-study employees. There are three time-study men
who work under the supervisor of the planning department. These
employees study the length of time required to perform particular
operations and prepare reports which establish the bases for de-
termining the contract prices which are to be paid production
employees under the Company's incentive plan. Where operations
have been previously performed by the Company, these men make
new studies and adjust timing where necessary. The reports of the
studies are submitted to the supervisor of the planning department,
who, in turn, checks about 50 percent of the estimates. We are of
the opinion that the duties of the time-study men do not sufficiently
place them within a category identifiable with the unit sought by
the Union. We shall, therefore, exclude the time-study men.
'Matter of Continental Steel Corporation , 61 N. L. R. B. 97.
• Matter of Swift and Company, 61 N. L. R. B. 1624.
GOULD & EBEItHAI WT CO. 1329
Assistant pay roll clerk. The Company employs one assistant pay-
roll clerk, whose duty is to make up the pay roll. The Company
would exclude this employee on the ground that she holds a position
of confidence inasmuch as she knows the salaries of all its officers.
We do not agree that possession of such information is so confidential
as to constitute grounds for exclusion of this employee. Accordingly,
we shall include her.°
We find that all clerical and technical employees of the Company
including telephone operators, production clerks, and the assistant
pay-roll clerk, but excluding time-study employees, the bookkeeper,
confidential secretaries, executives, pay-roll supervisor, supervisors.
superintendents, 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,
constitute a unit appropriate for the purposes of collective bargain-
in, within the meaning of Section 9 (b) of the Act.
V. THE DETER14MIN \TION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Re( ulations-Series 3, as amended,
it is hereby
I)uRrcTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Gould & Eber-
liairdt Co., Irvington, New Jersey, 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 super-
vision of the Regional Director for the Second 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 employees in the unit found appropriate in Section IV. above.
"See Matter of American Central Manufacturing Corporation , 65 N L. R. B 342.
Neither the Company nor the Union discussed in its brief the issue of the assistant
pay-roll clerk.
686572-46-85
1330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 those employees 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 repre-
sented by American Federation of Labor, Office Employees Inter-
national Union, for the purposes of collective bargaining.
MR. GERnxn D. REILLY took no part in the consideration of the
above Decision and Direction of Election.