Guiberson Corp.

National Labor Relations Board - Board Decisions

Dec 16, 1944

59 N.L.R.B. 1091 (N.L.R.B. 1944)

In. the Matter of GUIBERSON CORPORATION and UNITED STEELWORKERS
OF AMERICA , C. I. O.
Case No. 16-R-1092.-Decided December 16, 1944
Hamilton, Turner d Hutchinson by Mr. Raymond W. Weber and
Mr. J. Glenn Turner, of Dallas, Tex., for the Company.
Messrs. Lawrence Bench, Irwin Keasler, Thomas Peasner, Jimmie
L. Webb and Joe L. Kalick, of Dallas, Tex., for the C. 1. 0.
Messrs. W. J. Cox and F. C. Ford, of Dallas, Tex., for the A. F. L.
MM. Harry Nathanson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
the Guiberson Corporation, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing.upon due
notice before Earl Saunders; Trial Examiner. Said hearing was held
at Dallas, Texas, on November 8, 1944. The Company, the C. I. O.
and the International Brotherhood of Electrical Workers, Local 1272,
A. F. L., herein called the A. F. L., 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 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
1. TIM BUSINESS OF THE COMPANY
The Guiberson Corporation, a Delaware corporation with its prin-
cipal office at 1000 Forest Avenue, Dallas, Texas, is presently engaged
3 The International Association of Machinists was duly served with Notice of Hearing,
but failed to appear.
59 N. L . R. B., No . 94 1091
1092 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the manufacture of mortar shells and oil well supplies. During the
past 6 months, the Company used at its Forest Avenue plant raw
materials valued at approximately $1,500,000, over 90 percent of which
was received from points located outside the State of Texas.. During
the same period the Company manufactured finished products at its
Forest Avenue plant valued 'in excess of $3,000,000, of which the
greater part was shipped to poThts outside the State of Texas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor. Relations Act.,
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company. -
International Brotherhood- of Electrical Workers, Local 1272, affili-
ated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to bargain with any labor organization until
it is certified by the Board as the exclusive bargaining representative
of the Company's employees in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. O. and the A. F. L., respectively,
each represents a substantial number of employees in the unit it
alleges to be appropriate.2
We find that a question affecting commerce has arisen concerning
the representation' of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 '(6) and (7) of the Act. . .
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The C. I. O. seeks a unit of all regularly employed production and
maintenance employees at the Company's Forest Avenue plant, in-
cluding electrical' maintenance employees and cafeteria employees,
but excluding inspectors, set-up men, clerical, technical, plant-protec-
tion, and supervisory employees. However, the A. F. L. asserts that
the electrical maintenance employees comprise a separate appropriate
2 The Field Examiner reported that the C. I. O. submitted 488 authorization cards
bearing apparently genuine signatures , 324 of which bore names of employees appearing
on the Company ' s pay roll of October 25, 1944 , which contained the names of approximately
1,067 employees in the unit alleged by the C. I. O. to be appropriate . He further reported
that the A. F. L. submitted 8 authorization cards bearing apparently genuine-signatures,
all of which bore names -of employees appearing on the same pay roll, 'which contained
the names of 10 employees in the unit which it alleges to be appropriate.
GUIBERSON CORPORATION .1093
unit. The Company- takes no affirmative position with respect to.the
-appropriate unit, except 'to contend that there' should be 'a single unit
including- electrical maintenance employees, inspectors,' arid ' set-up'
'men.
In addition to discussing the categories of employees in dispute,
'we shall also 'consider timekeepers and .factory clerks, classificatibns
concerning whom' the C. I. 0. did not clearly state its position.
Inspectors: These employees examine materials coming) into, the
plant. They also examine parts during and after fabrication to de-
termine whether or not specifications are being met: They exercise no
supervisory functions and are responsible to the inspector foreman
who in turn is responsible to the chief inspector. We shall include
these employees 3'
Set-tap men: These employees tool and 'set up machines for opera-
tion in accordance with blueprint specifications. They keep them in
proper working order and instruct and assist operators. They do not
operate the machines, but observe the quantity and quality of the work.
Although they may shut down it machine if work is below standard,
they have no power to' hire, demote, or discharge employees or to
)recommend such action. Their "authority in this regard is limited
to reporting to their foremen the inefficiency of employees within
their respective groups.4 The number of machines assigned to them
varies between two and seven, the average being four. :They, are
paid on an hourly basis and. receive a slightly higher 'wage 'than
machine operators. The Company formerly classified certain- of its
employees as leadmen . However, these men have been reclassified
as set-up men, assistant foremen, and foremen, it being the intention
of the Company to separate the supervisory from the non-supervisory
leadmen by designating the latter as set-up men. In view of all the
foregoing facts, we are of the opinion that set-up men are not super-
visory employees within the meaning of our usual definition, and we
shall include them.5
Timekeepers: Their duties are to record the time spent by em-
on the various jobs designated by work order or job number.ployees
They also examine time cards used by the employees to record their
entrance into and exit from the plant. These employees form part
of the accounting department. We shall exclude them.
Factory clerks: The clerical force' is composed, of office clerks and
factory clerks. The latter are primarily under the same supervision
as are the production and maintenance employees. Among the varied
8 Matter of American Can Company, 55 N. L. R., B. 530.
* While there is testimony that serious consideration is given to , the recommendations
of set -up men that employees be transferred from operating particular machines , it appears
that a "thorough trial" is first afforded employees before any action is taken.
5 Matter of Banco, Inc ., 57 N. L. R. B. 282.
1094 - DECISIONS OF NATIONAL " LABOR RELATIONS BOARD
duties of factory clericals are the keeping of material and production
records, stenographic work, and the performance of electrical work
in the planning department., Since their interests are similar to
those of production and maintenance employees; 'we'sliall 'include
them e
Electrical maintenance employees: As noted above, contrary to the
wishes of the C. I. O. and the Company, the A. F. L. seeks a separate
unit of electrical maintenance employees. The Company's plant is
divided into two divisions, shell and oil tool. The maintenance de-
partment services both divisions which are under the supervision of a
plant manager. In order to keep a constant flow of production and
flexibility of operation, there is some interchange of employees be-
tween divisions. Maintenance electricians constitute - part of the
maintenance department, whose headquarters are within the main
building of the plant. They are under the supervision of their own
foreman. Their duties are primarily to repair and maintain elec-
trical equipment throughout the plant and to perform any collateral
work.. They are the only employees who perform this type of work.
The Company points to the fact that the work of these employees
is integrated with the operations of the entire plant. On the other
hand, it is clear that they comprise a distinct and identifiable group
having special skills. Under these circumstances, we are of the
opinion that the maintenance electricians may either function as a
separate unit, as requested by the A. F. L., or as part of a larger unit,
as urged by the C. I. O. and the Company.' Accordingly, we shall
make no final determination of the appropriate unit or units at this
time, but shall permit such determination to depend, in part, upon
the results of the elections hereinafter directed.
We shall direct that separate elections by secret ballot be held among
the employees in each of the voting groups set forth below who were
employed during the pay-roll period immediately preceding the date
of the Direction of Elections herein, subject to the limitations and
additions set forth in the Direction. The respective voting groups
shall be as follows :
(1) All electrical maintenance employees at the Company's Forest
Avenue plant, excluding all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, and all
other employees of the Company, to determine whether they desire to
' Apparently the C I. O. would exclude office clericals. In accordance with our custom-
ary practice we shall exclude them.
4 Although the A. F. L. asks that gang foremen be included with the electrical main-
tenance workers, the record does not reveal whether they are supervisory employees. If
they fall within the meaning of our customary definition, they shall be excluded from
the electrical maintenance employees' voting group hereinafter established, otherwise they
shall be included therein.
4
GUIBERSON CORPORATION 1095
be represented by ,the A. F. L. or by the C. I. 0., for the purposes of
collective bargaining, or by neither; and
(2) All remaining production and maintenance employees at the
Company's Forest Avenue plant, including cafeteria employees, in-
spectors, set-up men and factory- clerks, but excluding timekeepers,
office clerical employees, technical employees, plant-protection em-
ployees, and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, to determine whether or
not they desire to be represented by the C. I. O. for the purposes of
collective bargaining.
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
DIREOTEU that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with the Guiberson
Corporation, Dallas, Texas, 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 Sixteenth 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
groups of employees of the Company, set forth below, who were em-
ployed 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 elections,
to determine :
(1) With respect to the employees described in voting group (1) of
Section IV, above, whether they desire to be represented by the Inter-
national Brotherhood of Electrical Workers, Local Union 1272,
A. F. L., or by the United Steelworkers of America, C. I. 0., for the
purposes of collective bargaining, or by neither of said organizations;
and
(2) With respect to the-employees- described in voting group (2)
of Section IV, above, whether or not they desire to be represented
by United Steelworkers of America, C. I. 0., for the purposes of col-
lective bargaining. "