John Oster Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 20, 1945

60 N.L.R.B. 805 (N.L.R.B. 1945)

In the Matter Of JOHN OSTER MANUFACTURING CO. and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, A. F. OF L.
Case No. 13-R-2725.-Decided February 20, 1945
Mr. Gilbert E. Brach, of Racine, Wis., for the Company.
Mr. M. F. Darling, of Chicago, Ill., for the IBEW.
Messrs. P. L. Siemiller and A. M. Keeney, of Chicago, Ill., for the
IAM.
Mr. Ben Meyers, of Chicago, Ill.; and Mr. Harold Thompson, of
Racine, Wis., for the UAW.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Electrical
Workers, A. F. of L., herein called the IBEW, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of John Oster Manufacturing Co., Racine, Wisconsin, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Leon A. Rosell, Trial
Examiner. Said hearing was held at Racine, Wisconsin, on January
22, 1945. The Company, the IBEW, International Association of
Machinists, Lodge No. 437, District No. 111, A. F. of L., herein called
the IAM, and United Automobile, Aircraft & Agricultural Implement
Workers of America (UAW-CIO), herein called the UAW, appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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
I. THE BUSINESS OF THE COMPANY
John Oster Manufacturing Co., a Wisconsin corporation with its
plant and office located in Racine, Wisconsin, presently manufactures
60 N. L. R B., No. 136. 805
806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fractional horsepower electric motors.' During the year 1944, the
Company purchased materials in excess of $500,000 in value, more
than half of which was transported to the Racine plant from points
outside the State of Wisconsin. ' During the same year, the Com-
pany's products amounted to in excess of $1,000,000 in value, of
which more than half was transported from the plant to points out-
side the State of Wisconsin.
The Company admits that it is engaged- in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers and International
Association of Machinists, Lodge No. 437, District 111, both affiliated
with the American Federation of Labor, are labor organizations ad-
mitting to membership employees of the Company.
United Automobile. Aircraft & Agricultural Implement Workers
of America (UAW-CIO), 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 IBEW as
exclusive bargaining representative of its employees unless the IBEW
is certified by the Board in an appropriate unit.
A statement of the Trial Examiner, made at the hearing, indicates-
that the IBEW, the IAM, and the UAW represent a substantial num-
ber of employees in the unit hereinafter found appropriate.2
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 Company's operations are carried on in three buildings in the
city of Racine, Wisconsin. All parties are in agreement that produc-
tion and maintenance employees of the Company at all of its Racine
plants, excluding office, clerical, and sales employees 3 and all super-
visory employees constitute an appropriate unit.
1 Prior to the war the Company manufactured electric and hand clippers
8 The Trial Examiner reported that the IBEW submitted 171 cards which were dated
between April and December 1944 , that the IAM and the UAW submitted 69 and 34
designation cards respectively , and that there are approximately 535 employees in the unit
herein found appropriate.
3 The parties agreed that timekeepers fall within this category , but the stock- clerk
employed in the stockroom of the main building does not.
JOHN OSTER MANUFACTURING CO. 807
The unions would include the Company's watchmen within the
appropriate unit; the Company contends that they are plant guards
and must be excluded from the unit. The watchmen are not armed,
uniformed, militarized, or deputized. They work under the super-
vision of the assistant factory manager. Their duties consist of
patrolling the plant, punching clocks, checking identification badges
of employees entering the plant., and in addition, taking care of the
heating equipment and performing occasional janitor work. Since
the employees involved perform duties of ordinary plant and gate
watchmen, involving maintenance but no monitorial duties, we shall
include them within the appropriate unit.4
The Company employs numerous employees termed supervisors or
line-supervisors, who direct, instruct, and inspect the work of groups
of employees ranging in size from 3 to 30. These employees are under
the direct supervision of foremen and, in some departments, of assist-
ant foremen. The parties are all in agreement that foremen and
assistant foremen are supervisory employees and that they should be
excluded from the unit as such. The parties are further in agreement
that Gladys Perkins and Levina Blythe, who are line supervisors in
the armature and winding department, are supervisory employees.
The Company contends that all other supervisors are production em-
ployees in the nature of leadmen and set-up men, and that they should
be included within the appropriate unit. The UAW's position is simi-
lar, to that of the Company. In support of its contention, the Com-
pany adduced undenied testimony that supervisors have no authority
to hire, promote, discharge, discipline, or in any way effect changes
in the status of employees,' even by recommendations. The IBEW
contends that all supervisors who direct the work of more than 10
employees are of necessity supervisory employees within the meaning
of the Board's usual definition, and should be excluded from the unit.
The IAM would include all supervisors in the unit except those in the
assembly, field, and armature departments and in the stockroom. The
IAM bases its position upon the assumption that the supervisors in
the said departments being women, tend to assume supervisory author-
ity irrespective of their ability to effect changes in the status of em-
ployees;
In our opinion the arguments of the IBEW and of the IAM are no
proper basis for the exclusion of the employees here involved. Since
the "supervisors" as well as those working with them are closely super-
vised by employees higher in the hierarchy of the Company, there is
4 See Matter of Chicago Rawhide Manufacturing Co , 59 N. L. R B. 1234; cf. Matter
of Decatur Iron & Steel Co (Shipbuilding Division), 59 N L R B 1070.
5 Supervisors may change an employee 's position on the assembly line. Since this affects
neither the employee's rate of pay nor working conditions, we reject the IBEW's contention
that this authority is "power to effect changes in the status of employees."
808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
no ground for the assumption that one directing more than 10 persons
is per se an employee exercising supervisory authority.6
We agree with the Company that these employees are production
employees in the nature of work leaders and set-up men, and shall
include them on the unit as such.7 In accordance with the agreement
of the parties, we find that Perkins-and Blythe are supervisory em-
ployees within our usual definition and'that, as such they are excluded
from the unit hereinafter found appropriate.
We find that all production and maintenance employees of the
Company in 'its Racine, Wisconsin, plants, including watchmen, but
excluding office, clerical, and sales employees, and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate within the meaning of Sec-
tion 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!,
The Company employs approximately 60 part-time employees. Of
these, 20 are otherwise employed as Civil Service firemen of the city
of Racine and work regularly for the Company 25 hours each week.
They are under the same vacation plan and receive the same hourly
rate as other employees engaged in the same duties. They have been
with the Company for approximately a'year, and have permission to
continue their dual employment for the duration of the war. The
other part-time employees work an average of 10 to 24 hours a week.
They do not work any specific shift and are not required to work
-any particular number of hours. Turn-over among them is high.
Although.certain of these last-mentioned part-time employees have
worked regularly for the Company, there is little stability within
the group. The Company and the IBEW agreed that they be de-
clared ineligible, to participate in the election. The Company would
also exclude the firemen from participation in the election. The
Cf Matter of Stacy Brothers Gas Construction Company, 54 N. L. R. B. 657.
See Matter of Manning, Maxwell 3 Moore, 53 N. L. R B 951.
The IBEW requested that it,be designated on the ballot as "I. B. E. W., A. F. of L."
The IAM requested that it be designated as "International Association of Machinists,
Lodge No. 437, A. F. of L.", and the UAW requested that it be designated as "UAW-CIO."
The requests are hereby granted.
JOHN OSTER MANUFACTURING CO. 809
IBEW contends that the firemen should be allowed to vote.9 We are
of the opinion that the interests of the firemen are sufficiently in-
volved in this proceeding to warrant their participation in the elec-
tion and find that they are eligible to vote therein. We agree with
the parties that the other part-time employees herein discussed, do
not have sufficient interest to warrant their participation, and find
that they are ineligible to vote in the election hereinafter directed 10
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 Rela-
tions 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 John Oster Man=
ufacturing Co., Racine, Wisconsin, 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 Thirteenth 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, and
the determination made in Section V, above, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately 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 person at the polls, but excluding
those who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether they desire to be represented by I. B. E. W., A. F. of
L., by International Association of Machinists, Lodge No. 437, A. F.
of L., or by the UAW-CIO, for the purposes of collective bargaining,
or by none.
9 The IAM and the UAW took no position on the question of eligibility.
10 See Matter o f Muncie Malleable Foundry Company , 56 N. L. R. B. 473.