Knickerbocker Stamping Co.

National Labor Relations Board - Board Decisions

Jun 24, 1943

50 N.L.R.B. 805 (N.L.R.B. 1943)

In the Matter Of KNICKERBOCKER STAMPING COMPANY, and, UNITED'
STEELWORKERS OF AMERICA, LOCAL No. 1642, C. I. 0.
11
Case No. R--5411,5.-Decided J'u'ne 24, 1913
Mr. Lacy I. Rice , of Martinsburg , W. Va., and `Mr. H. S. Boreman,
of Parkersburg , W. Va., for the Company.
''Messrs. Paul Rusen and R . A. Gulley ,of' Parkersburg , W. Va., for
the Union . • • . • ' I ^ ' , •
Mr. Joseph E. Gubbins , of counsel to the Board.
DECISION
AND,
DIRECTION OF ELECTION
STATEMENT OF THE,CASE_ , .
Upon petition duly filed by United Steelworkers • of America, Local
No. 1642, affiliated with the C. I. 0., herein called, the Union, alleg-
ing that a question affecting commerce had arisen concerning the
representation, of employees of Knickerbocker Stamping Company,
Paarkersburg, West Virginia, herein called the Company, the National
Labor Relations Board provided for tin .appropriate hearing upon
due notice before Louis M. Groeniger, Trial Examiner. Said hear-
ing was held at Parkersburg, West Virginia, on May 21 and 25,
1943. The Company and, the Union appeared, participated, and were
afforded full opportunity to be-heard, to exani'ine and' cross-examine
^yitnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's' rulings 'made at the hearing are free ' from prej iidicial
error and are hereby affirmed.
Upon the entire 'record in the ease, the Board' Iiiakes the follow-
Ing :
FINDINGS OF FACT
THE BUSINESS OF TIIE`COMPANY
Knickerbocker Stamping Company, a. West Virginia .,corporation,
with its general offices and plant at, Parkersburg, .West.Virginia, is
engaged in the 'manufacture and sale of refrigeration items, such
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•805
806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as ice cans , and bulkheads for ships. During the 12-month period
ending February 28, 1943, the Company purchased raw materials
amounting to approximately $250,000 in value, 90 percent of which
was shipped to the Company's plant from points outside the State of
West Virginia. During the same,period, approximately 85 percent'
of the Company's finished products was sold without the State of
West Virginia. The Company admits that it is engaged in commerce
within- the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America,, Local _No. 1642, affiliated with the
Congress of Industrial Organizations, is a labor organization admit-
ting to membership employees of the ,Company.
M. THE QUESTION CONCERNING, REPRESENTATION
In April 1943, the Company and, the Union held several conferences
with respect to bargaining negotiations, the result of which was that
the Company refused to recognize the Union as the exclusive bargain-
ing representative of the•employees unless and'until it is certified by the
Board.
A statement of a Field Examiner, introduced in 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 parties agree that all production and maintenance employees
should be included in the bargaining unit. The parties further agree,
that all foremen, assistant foremen, policemen,, guards, watchmen, and-
salaried employees who do not perform production work should be'
excluded. However, there is a dispute over five working foremen and
two inspectors; the Union would include them in the unit, whereas.the
Company would exclude them.
The record shows, and we find, that the five working foremen have
supervisory authority and for this reason they shall be excluded from
the unit.
With respect to the two, inspectors, the record reveals that they
are under the, direct supervision of the general manager of the Com-
i"The Field Examiner reported that the Union had submitted 93 authorization cards, 88
bearing apparently original signatures and 5 bearing printed signatures . , All of the cards
bear names of persons whose names appear on the Company's pay roll of April 27, 1943;
the pay roll ' contained the names of 93 employees in the appropriate unit. The cards were
dated as follows : 1 in January 1943; 49 in March 1943; and 43'in April 1943.
KNICKERBOCKER STAMPING COMPANY 807'
pany and that they are paid at a rate which is substantially higher than'
that paid to a working foreman. The duties of one of the inspectors
consist of inspecting the finished parts, comparing them with the'draw-
ings and determining their correctness as to size and quality of work-
manship; his inspection of the finished products is final. The other
inspector's duties consist of inspecting the tools used in production
and their maintenanc'e', and assisting in expediting production through-
out the plant. The two persons in' dispute are the only ones in the em-
ploy of the Company listed as inspectors. However, there 'is a group
of employees called testers whose, duty it is to inspect ice cans for im-
perfections. Since such inspection is considered a routine operation,
testers are deemed to be production employees and as such are included
in the unit. We find that the inspectors are, in this case, similar to^
technical employees, and exclude them.
We find that all production and maintenance employees of the Com-
pany, excluding all foremen, working foremen, assistant foremen, the
two inspectors, policemen, guards, watchmen, and salaried employees
who do not perform productiton work, 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 Elec-
tion 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 2, as amended, it
is hereby I
DIRECTED that, as part 'of the investigation to ascertain representa-
tives for the purposes of collective bargaining With Knickerbocker
Stamping Company, Parkersburg , West Virginia , 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 Ninth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
808 DEC'IS'IONS OF NArrIONAL LABOR RELATIONS BOARD
,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 any who have 'since quit or been discharged for
cause, to 'determine whether,or not they desire.to be represented by
United Steelworkers of America, Local No. 1642, affiliated with the
1; .0*,, for the purposes of collective bargaining.
`MR.GER'ARD'D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
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