Ideal Roller & Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Mar 7, 1945

60 N.L.R.B. 1105 (N.L.R.B. 1945)

In the Matter Of IDEAL ROLLER & MANUFACTURING COMPANY , INC. and
INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT #15, LODGE
295, A. F. L.
Case No. OR--5R641.-Decided Marc) 7,1945
Walton, Banister & Stitt, by Messrs. Edward W. Stitt, Jr., and
Charles F. Krause, Jr., of New York City, for the Company.
Messrs. Jerome Y. Sturm, Stephen M. Estey, and Harold J. Mat-
thews, of New York City, for the Union.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND ' '
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machin-
ists, District #15, Lodge 295, A. F. L., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Ideal Roller & Manufacturing'Com-
pany, Inc., Long Island City, New York, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Robert A. Levett, Trial Exa-miner.
Said hearing was held at New York City, on January 29, 30, and 31,
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 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
Ideal Roller & Manufacturing Company, Inc., an Illinois corpora-
tion having its principal office and place of business in Chicago, Illinois,
60 N'. L . R. B, No. 183.
1105
628563-45-vol. 60-71
1106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is engaged in the manufacture of printing and industrial rollers.
This proceeding is concerned entirely with a plant which the Company
operates at Long Island City, New York. During the past year this
Long Island City plant purchased raw materials, consisting chiefly
of synthetic, rubber, glue, vegetable oils, and glycerine, valued in
excess of $100,000, of which more than 75 percent was shipped to the
plant from points outside the State of New York. During the same
period the Company produced finished products valued at more than
$500,000, of which approximately 35 percelit was shipped to points
outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Association of Machinists, District #15, Lodge 295,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the bargaining
representative 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 hear-
,ing, indicates that the Union represents a substantial number of em-
ployees 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-mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union has petitioned for a unit to consist of all production and
maintenance employees, including tool crib attendant, inspectors, ship-
ping clerk, shipping clerk's helpers, receiving and stock roller room
clerk, receiving clerk's helpers, truck drivers, `stationary engineers,
watchmen, janitress , oil mixer, and foremen, but excluding factory
office clerk, office clerical employees, and all supervisory personnel.
The Company agrees generally with the appropriateness of the-afore-
said unit except that it would exclude tool crib attendant, inspectors,
truck drivers, stationary engineers, watchmen, janitress , and fore-
men. These disputed categories of employees whom the Union would
'The Field Examiner reported that the Union submitted 59 membership application
cards , all of which were dated in December 1944, and that there were approximately 60
employees in the unit petitioned for.
IDEAL ROLLER & MANUFACTURING COMPANY, INC. 1107
include and the Company exclude are treated hereinafter seriatim.
Tool crib attendant: This employee is in charge of the toolroom,
issuing tools and other materials to production workers and keeping
records of wastage, inventory, etc., pertaining to the toolroom. In
accordance with our practice, we shall include him in the unit.2
Inspectors: By visual, examination and the aid of measuring de-
vices, these employees inspect the finished product of the plant to
detect imperfections and non-compliance with specifications. They
exercise no direct supervision over any other employees. The mere
fact that the inspectors submit reports to the management on the
defects which they discover does not, as the Company contends, make
them supervisory employees. We shall include the inspectors in the
unit.3
Truck drivers: The Company employs two truck drivers who are
engaged in making outside deliveries. The truck drivers have many
interests in common with production and maintenance employees, and
since no other union is attempting to organize such employees on a
craft basis, we shall include them in the unit.
Stationary engineers: There are two licensed stationary engineers
who care for the boiler and air conditioning equipment in the plant
buildings. Stationary engineers are clearly part of the maintenance
force; we shall include them in the unit:4
Watchmen: The Company employs two non-uniformed watchmen
who guard the premises at night, and in addition clean the rest rooms
and sweep the plant floors. They are neither militarized nor depu-
tized. We shall, in accordance with our usual practice, include such
watchmen in the unit.5
Janitress: This employee cleans the general office daily after work-
ing hours. Since her duties are obviously those of a maintenance
employee, we shall include her in the unit.
Foremen: The Long Island City plant of the Company is small,
employing about 60 persons in the appropriate unit. In overall charge
is a general manager and beneath him in the supervisory hierarchy are
a plant manager and 2 assistant plant managers, who spend most of
their time supervising the factory operations. All 4 of these employ-
ees are salaried and concededly are supervisors within the Board's
definition. The factory operations are broken down into 10 depart-
ments, 5 of which are supervised directly by the assistant plant man-
agers and the remaining 5 viz, rubber department, 0. X. department,
machine production department, grinding department, and inspection
department, consisting of from 1 to 6 employees, are in the immediate
2 Matter of Robins Dry Dock t Repair Company, 33 N. L . R. B 15.
9 Matter of The Dayton Rubber Manufacturing Company, 57 N L R B. 388
"Matter of Pacific Mills, 60 N. L. R B. 467.
5 Matter of Pacific Mills, supra. ,
1108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
charge of foremen. These foremen, who generally are the oldest and
most experienced employees in the department, are hourly paid like
production workers but at'higher rates and devote almost all of their
time in working at production tasks along with the members of their
departments. The evidence reveals a sharp cleavage between the
Company's claims and the foremen's understanding of their authority.
Several of the foremen testified that the title of "foreman" had been
given them without change in duties in connection with an application
to the War Labor Board for a wage increase; one foreman stated that
this title was a joke to him and the members of his department. While
another foreman testified that a number of transfers had been made
on his recommendation, we are nevertheless of the opinion that these
foremen do not possess supervisory authority within the Board's cus-
tomary definition thereof. We shall include the foremen in the unit.
We find that all production and maintenance employees at the Com-
pany's Long Island City plant,6 including tool crib attendant, inspec-
tors, shipping clerk, shipping clerk's helpers, receiving and stock
roller room clerk, receiving clerk's helpers, truck drivers, stationary
engineers, watchmen, janitress, and oil mixer, but excluding factory
,office clerk, office clerical employees, general manager, plant manager,-
assistant plant managers, 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
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Company uses the job title "learner" to refer to new, inex-
perienced workers during the first 120 days of their employment.
These' "learners" or probationary employees work in the production
department along with production men and are normally expected to
become regular employees. Since they have the same interest in the
terms and conditions of employment as regular employees, we shall
permit them to vote in the election.?
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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction e
6 This includes the foremen. -
T Matter of The Westein Union Telegraph Company, 38 N. L. R. B. 492; Matter of Nine-
teen Hundred Corporation, 32 N. L. R. B. 327.
e The Union's request that its name appear on the ballot as "International Association of
Machinists, A. F. L." is hereby granted.
IDEWROLLER & MANUFACTURING COMPANY, INC. 1109
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 Relations 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 Ideal Roller &
Manufacturing Company, Inc., Long Island City, New York, an elec-
tion by secret ballot shall be conducted as early as possible , but not later
than sixty (60) days from the date of this Direction, under the direc-
tion and supervision 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 Regu-
lations, among the employees in the unit found appropriate in Sec-
t ion IV, above, who were employed during the pay-roll period im-
mediately preceding the date of this Direction , including employees
who did not work during the 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 per-
son at the polls, but excluding any who have since quit or been dis-
charged 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 International Association of Machinists , District #15,
Lodge 295 , A. F. L., for the purposes of collective bargaining.