Harris Seybold Potter Co.

National Labor Relations Board - Board Decisions

Oct 3, 1945

63 N.L.R.B. 1371 (N.L.R.B. 1945)

In the Matter of HARRIS SEYBOLD POTTER COMPANY and UNITED ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 8,R-1851.-Decided October 3,1945
Messrs. C. C. Sorenson, R. L. Miller, and George Houck, all of Cleve-
land, Ohio, for the Company.
Miss Marie J. Reed and Mr. John W. Kickel, both of Cleveland,
Ohio, for the Union.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
. AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Harris Seybold Potter Company, Cleveland, Ohio,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Louis S.
Belkin, Trial Examiner. Said hearing was held at Cleveland, Ohio,
on July 3, 1945. The Company and the Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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. THE BUSINESS OF THE COMPANY
Harris Seybold Potter Company, a Delaware corporation, operates
two plants, both in the State of Ohio, one located in Dayton and the
other in Cleveland. At the time of the hearing, the Company was
engaged in the manufacture of various items of military equipment for
63 N. L It. B., No. 210.
1371
1372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the armed forces. During the 1944 fiscal year the Company produced,
equipment valued in excess of $7,000,000, of which more than 50 per-
cent was shipped to points outside the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations 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 its factory time checkers 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 an election among all factory time checkers in the
Company's employ and requests that if a majority of their number
selects the Union, they be found to be part of the production and main-
tenance unit already represented by the Union. In the alternative, the
Union requests that the time checkers be found to constitute a separate
appropriate unit. The Company contends that the factory time
checkers not only should not be included in the same unit with the
production and maintenance employees, but are so closely allied with
management that they cannot constitute an appropriate unit.
The factory time checkers, of whom there are about 10, work at
various locations in the plant area. They take care of the time card
racks, taking out and putting in the time cards, receiving and record-
ing reports from employees showing completion times on jobs, and
fill out reports for the pay-roll department upon which the earnings
of the employees are computed. The employees report to the time
checkers when they begin and when they complete their job assign-
ments so that their time may be allocated to the proper jobs. These
reports are then sent to the pay-roll department for computation of
the employees' earnings and also provide the basis for determining the
The Field Examiner reported that the Union submitted 9 authorization cards, of which
7 were dated in March 1945, and 2 were undated. There are 10 employees in the appro-
priate unit.
HARRIS SEYBOLD POTTER COMPANY 1373
cost of each job. The time checkers are hourly paid, have the same
working hours and general conditions of employment as production
employees, enjoy the same vacation program as production employees,
and exercise no supervision over the production employees. Their
work is of a routine clerical nature and is not confidential with respect
to labor relations matters.
Upon the entire record we are of the opinion and find that the func-
tions and duties of factory time checkers are not such as to preclude
their inclusion in a collective bargaining unit.2 We are, however,
satisfied that their interests and duties are sufficiently different from
those of the production employees to warrant their being set apart in
a separate bargaining unit.3
Accordingly, we find that all factory time checkers in the Company's
plant at Cleveland, Ohio, but-excluding all supervisory employees
with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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 Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Harris Seybold
Potter Company, Cleveland, Ohio, 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 supervision
of the Regional Director for the Eighth 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
2 Matter of General Motors Corporation , Eastern Aircraft, Trenton Division , 51 N. L R. B.
1366
s Matter of General Motors Corporation , supra; Matter of The leil Co , 57 N. L R B.
1629.
1374 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the employees in the unit found appropriate in Section IV, above, 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 represented
by United Electrical, Radio & Machine Workers of America, affil-
iated with the Congress of Industrial Organizations, for the purposes
of collective bargaining.