Harvill Corp.

National Labor Relations Board - Board Decisions

Nov 7, 1956

116 N.L.R.B. 1549 (N.L.R.B. 1956)

HARVILL CORPORATION 1549
lowing employees will constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of
the Act :
All office, clerical, and technical employees including assistant buy-
ers, methods engineers and junior engineers of the Employer's Jersey
City works, 150 Pacific Avenue, Jersey City, New Jersey, but ex-
cluding all staff assistants to department managers or the general
manager, buyers, confidential salary payroll clerks, paymasters, in-
dustrial relations employees; secretaries to company officers, managers
and assistant managers, purchasing agents, superintendents, and fac-
tory accountants; the internal auditor, budget accountants, the in-
ternal auditor, budget accountants, the audit clerk, guards, and super-
visors as defined in the Act.
(2) If a majority of the professional employees do not vote for in-
clusion in the unit with the nonprofessional employees, we find that
the following two groups of employees will constitute separate units
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act :
(a) All office, clerical, and technical employees including assistant
buyers of the Employer's Jersey City works, 150 Pacific Avenue,
Jersey City, New Jersey, but excluding methods engineers, junior
engineers and other professional employees, all staff assistants to de-
partment managers or the general manager, buyers, confidential salary
payroll clerks, paymasters, industrial relations employees; secretaries
to company officers, managers and assistant managers, purchasing
agents, superintendents, and factory accountants; the internal auditor,
budget accountants, the audit clerk, guards, and supervisors as defined
in the Act.
(b) All methods engineers and junior engineers of the Employer's
Jersey City works, 150 Pacific Avenue, Jersey City, New Jersey,
excluding all other employees, guards, and supervisors as defined in
the Act.
[Text of Direction of Elections omitted from publication.]
Harvill Corporation and International Union , United Automobile,
Aircraft and Agricultural Implement Workers of America
(UAW-AFL-CIO), Petitioner . Case No. 21-RC-4390. Novem-
ber 7, 1956
DECISION AND CERTIFICATION OF REPRESENTATIVES
Pursuant to a stipulation for certification upon consent election, an
election was conducted on May 8, 1956, under the direction and super-
vision of the Regional Director for the Twenty-first Region among
116 NLRB No. 217.
1550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
certain employees of the Employer. Upon the conclusion of the elec-
tion, a tally of ballots was furnished the parties. The tally shows that
of approximately 176 eligible voters, 161 cast ballots, of which 78 were
for and 72 were against the Petitioner, 10 were challenged, and 1 was
void. No objections to conduct affecting the results of the election
were filed by either party.
The challenges were sufficient in number to affect the results of the,
election. On August 15, 1956, the Regional Director, after investiga-
tion, issued his report on challenged ballots , recommending that the,
challenges to six ballots be sustained. On August 21, 1956, the Em-.
ployer filed exceptions to the Regional Director's recommendation.
The Board has considered the challenges, the Regional Director's
report, the exceptions, and the entire record in the case, and hereby
makes the following findings :
1. The Employer is engaged in commerce within the meaning of.
the Act.
2. The labor organization involved claims to represent certain em-,
ployees of the Employer.
3. A question affecting commerce - exists concerning the representa-
tion of certain employees of the Employer within the meaning of Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer, as stipulated by the
parties, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act: All pro-
duction, maintenance, and shipping and receiving employees of the
Employer at its die, castings and valves operators manufacturing plant
at Los Angeles, California, including truckdrivers, but excluding office
and plant clerical employees, engineering employees, technical em-
ployees , research employees, draftsmen , laboratory employees , sales-
men, production control employees, guards, and supervisors as defined
in the Act.
The Challenged Ballots
The Employer excepts to the Regional Director's findings that
Miller Achenbach , Jones , Cervine, Bock , and Lagna are supervisors
and to his recommendations sustaining the challenges to their ballots.
The Regional Director's report shows :
Irwin Miller, a first shift leadman in the diecasting department,
regularly assigns 10 to 13 employees to the operation of the diecasting
machines. He informs the men of proper procedures when they have
difficulty in doing the work, and he regularly checks the quality of
the castings being produced. In order to maintain quality and quantity
standards in his department, he must use his judgment in the selection
of men for work assignments.
William Achenbach , also a first shift leadman in the diecasting de-
partment, regularly assigns work to two setup men , directing them to,
HARVILL CORPORATION 1551
set up specific machines for specific jobs. At times, when there is no
setup work to be done, he assigns them to other work or places them at
Leadman Miller's disposal for assignment to operate the diecasting ma-
chines. In the absence of Miller, he assigns the latter's employees
to the diecasting machines.
Shelley Jones, second shift leadman in the diecasting department,
like Miller, assigns 9 to 14 employees to operate machines and he
checks the quality of castings produced. Further, he is the only
person on duty on his shift who is responsible for the operation of his
department.
Lloyd Cervine, first shift leadman in the machine department, as-
signs work to 12 to 23 employees. He rotates jobs in order to give
employees experience at the many machines in the department. Ex-
cept in the case of high priority or unusual jobs, he determines the order
of jobs, planning in advance the work to be done by each employee.
Cervine examines the work of his employees and where necessary
instructs and assists them in the proper performance of their work.
He also decides which employees can best be transferred between
sections 'in the department.
Roderic Bock, second shift leadman and setup man in the machine
department, like Cervine, assigns work to approximately 12 employ-
ees, inspects their work, instructs them, and rotates them. He ap-
proves and signs passes for employees who wish to leave early because
of illness or other personal reasons . Except for 2 hours of each day
while the department foreman is present, Bock is the only person in
the plant on the second shift who is responsible for the operation of
the machine department.
Fano Lagna, toolroom leadman under the immediate supervision of
the production superintendent, assigns to three toolroom employees,
new tooling and repair of tooling such as machine shop tools, jigs,
fixtures , and instruments . When new tooling is required, he dis-
cusses it with the employees and then either specifically assigns it or
approves assignments of work as the employees may have suggested.,
With repairs, Lagna may assign the repair job to an employee or such
jobs may be taken directly to an employee. When work accumulates
it is his responsibility to discuss with the superintendent the advis-
ability of overtime.
In view of the foregoing and particularly as the leadmen described'
above assign work to the employees, direct them in work perform-
ance, and have the responsibility for the efficiency of their operations,
we find that they responsibly direct employees and that they are,
therefore supervisors within the meaning of the Act.' Accordingly,
we adopt the Regional Director's recommendation and sustain the
' Engine Rebuilding Corporation and Engine Parts Corporation , 115 NLRB 1776; Price
Pfister Brass Mfg. Co , 115 NLRB 918.
1552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
challenges to the ballots of Miller, Achenbach, Jones, Cervine, Bock,
and Lagna.2
The challenged ballots of the remaining four individuals, Joseph
Rossetti, Lawrence Dresang, Ralph Stillwell, and William Weiler,
whom the Regional Director found not to be supervisors, are insuffi-
cient to affect the results of the election. Accordingly, we find it un-
necessary to rule on them.'
As the tally of ballots shows that the Petitioner received a majority
of the valid ballots cast, and the number of unresolved challenges is
insufficient to affect the results of the election, we shall certify the
Petitioner as the collective-bargaining representative of the employees
in the appropriate unit.
[The Board certified International Union, United Automobile, Air-
craft and Agricultural Implement Workers of America (UAW-AFL-
CIO), as the designated collective-bargaining representative of all
production, maintenance, and shipping and receiving employees of
the Employer at its dies, castings and valves operators manufacturing
plant at Los Angeles, California, including truckdrivers, but exclud-
ing office and plant clerical employees, engineering employees; techni-
cal employees, draftsmen, laboratory employees, salesmen, production
control employees, professional employees, guards, and supervisors as
defined in the Act.]
2 Member Bean dissents from the finding that Achenbach and Lagna are supervisors as
defined in the Act He does not deem the facts set out above as to them sufficient evidence
that they " responsibly" direct other employees . These 2 ballots , plus the 4 other chal-
lenged ballots which are not finally disposed of in the diaft , are sufficient to affect the
results of the election . No exceptions having been filed to the Regional Director 's recom-
mendation to open this last group of ballots, Member Bean would proceed to do so. Ac-
cordingly, as the results of the election are now inconclusive , he would not issue a certi-
fication of representatives to the Petitioner.
3 The Coolidge Corporation, 108 NLRB 3, 6.
White Provision Company and National Brotherhood of Packing-
house Workers , Petitioner . Case No. 10-RC-3553. November 8,
1956
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Hugh Frank Malone, hear-
ing officer . The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in this case , the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
116 NLRB No. 218.