Koehring Southern Co.

National Labor Relations Board - Board Decisions

May 27, 1954

108 N.L.R.B. 1131 (N.L.R.B. 1954)

KOEHRING SOUTHERN COMPANY 1131
CB case,' finding that the CIO had committed certain unfair
labor practices and ordering that it cease and desist therefrom.
On the basis of the particular facts in this case , we feel
that it will best effectuate the policies of the Act and promote
the orderly processes of collective bargaining to direct an
election . We have been advised by the General Counsel that
the new CB charges8 have been settled , and therefore it
appears that they will not be a bar to an election . In that
event, compliance with the Board's order in 13-CB-229,9
will warrant proceeding with the instant representation pe-
tition . Accordingly , we make the direction of election herein
contingent upon the CIO 's compliance with the Board ' s order
in 13-CB-229, and hereby direct the Regional Director to
conduct said election at a time when he has determined that
such compliance by the CIO has been effected and that no
intervening unfair labor practices make a free election
impossible.
[Text of Direction of Election omitted from publication.]
7 Textile Workers Union of America , CIO (Personal Products Corporation ), 108 NLRB
743.
813-CB-281.
9 Textile Workers Union of America , CIO (Personal Products Corporation ), supra.
KOEHRING SOUTHERN COMPANY and OFFICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 179, AFL, Petitioner.
Case No. 10 -RC-2667. May 27, 1954
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 David L.
Trezise , hearing 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.
2. The labor organization involved claims to represent
certain employees of the Employer.
3. A question affecting commerce exists concerning the
representation of employees of the Employer within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit:
The Petitioner seeks a unit of the Employer's "clerical
employees and employees in closely related positions, excluding
all employees covered by the current agreement between
the Employer and Local 919, United Auto Workers of America,
AFL, private secretaries, plant nurse, time study men, tool
108 NLRB No. 141.
1132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
designers , guards , and supervisors as defined in the Act."'
The Employer would include and the Petitioner would exclude
as professional or technical employees the plant nurse, time-
study engineer , tool designer , and draftsman. The Petitioner
would include and the Employer would exclude the chief
dispatcher, dispatcher, timekeepers , toolroom attendant, and
the accounting machine operator.
Plant nurse : The registered nurse , whom both parties agree
is a professional employee, is in charge of the first-aid
department and renders aid to employees who become ill or
suffer injuries . In addition to her nursing duties , she spends
a very small portion of her time performing clerical work for
the personnel department . As she performs the usual duties
associated with her profession , we find that she is a professional
employee . Accordingly , as the Petitioner does not seek to repre-
sent the nurse as a part of the clerical unit , we shall exclude
her from the unit herein found appropriate. I
Tool designer , draftsman , and time - study engineer: The
tool designer is engaged in preparing working drawings of
tools , jigs, and fixtures to be made in the shop . The draftsman
makes simple drawings for the tool designer and "cutting
diagrams " for the shop . The time-study engineer , in addition
to his time-study functions , routes jobs through the shop
and prepares schedules for jobs and machines . All of these
employees work in the same office under the same supervision.
Although no formal educational qualifications are required
for these positions , a practical technical experience is neces-
sary. Normal progression is from time - study engineer to
draftsman to tool designer , all requiring knowledge of basic
engineering . Although these employees have the same hours
of work and employee-benefits as the clerical employees, we
find them to be tachnical employees who may not, under
Board precedent , appropriately be grouped together with office
clerical employees where any party objects to such inclusion.'
Accordingly, we shall exclude the tool designer , draftsman,
and time-study engineer from the unit:
Chief dispatcher : The chief dispatcher is responsible for
routing orders through the shop and is in charge of the master
control board . As he supervises the dispatcher and the
timekeepers and has the power to make effective recommenda-
tions with respect to the hire and discharge of the latter
employees, we find, contrary to the contention of the Peti-
tioner , that he is a supervisor within the meaning of the Act,
and, accordingly , shall exclude him from the unit.'
IThe requested unit appears as amended at the hearing.
2 Florence Stove Company, 94 NLRB 1434 at 1435; The Timken Detroit Axle Company,
95 NLRB 736 at 739.
3See Brady Aviation Corporation, 104 NLRB 220.
4Republic Steel Corporation, 94 NLRB 1294 at 1298.
5Gaytime Shops, Inc., 91 NLRB 357 at 360; Michigan Bakeries , Inc., 100 NLRB 658 at
661-662.
KOEHRING SOUTHERN COMPANY 1133
Accounting machine operator: The Employer would exclude
the accounting machine operator as a confidential employee.
The record shows that, in addition to operating an accounting
machine, this employee acts as secretary to the secretary-
treasurer and office manager of the Company. In this respect,
she handles confidential matters including the preparation of
the executive salary payroll, board of directors' statements,
and matters pertaining to labor relations and contract negotia-
tions. Under these circumstances, we find that the accounting
machine operator spend., part of her time serving in a confiden-
tial capacity to a management official charged with handling
the Employer's labor relations. Accordingly, we shall exclude
her from the unit.'
Dispatcher, timekeepers, and toolroom attendant: The duties
of the dispatcher involve the handling of shop orders, loading
or racks checking shortages of materials, and, to some extent,
timekeeping. The timekeepers, in keeping the time of the
production employees on particular jobs, take orders from the
load rack and assign them to the men, write tickets for
particular jobs, and handle the timecards. The toolroom at-
tendant works in the tool crib and is engaged in disbursing and
receiving tools required by the shop employees. The record
shows that the work of these employees is closely related to
the production employees; that, for the most part, these
employees work in the production area, that their hours
are the same as the production employees, including over-
time; and that they are not interchanged with office clerical
employees. We agree with the Employer that the dispatcher,
timekeepers, and toolroom attendant are plant clericals
whose interests are closely allied with those of the production
employees.' Although the Petitioner seeks to include these
plant clerical employees with the office clerical employees
in a single clerical unit, the Board has declined to establish
single units combining office and plant clerical employees
where the issue is raised by the parties.,,, However, as they
are not presently represented by any labor organization,'
and would otherwise be unrepresented, we shall, under the
circumstances, establish a separate unit for the plant clerical
employees." We shall direct separate elections in the residual
plant clerical unit and in the office clerical unit to determine
in each case whether the employees therein wish to be
represented by the Petitioner."
6 Willard Storage Battery Company, 94 NLRB 1423 at 1424. See also, Pittsburgh Metal-
lurgical Company, Inc., 100 NLRB 1450 at 1451.
7Donovan Construction Company, 105 NLRB 704.
'Minneapolis-Moline Company, 85 NLRB 597 at 598; Donovan Construction Company, supra,;
Minnesota and Ontario Paper Co., 92 NLRB 711 at 715.
9None of these classifications are included in the agreement covering the production and
maintenance unit.
loM;nneapolls-Moline Company, supra at 598; Minnesota and Ontario Paper Co., supra,
at 715, cf. Titeflex, Inc., 103 NLRB 223; B. F. Goodrich Company, 92 NLRB 575 at 579.
"Refer to cases cited in footnote 8, above.
1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that the following groups of employees employed
by the Employer at its Chattanooga , Tennessee , plant, con-
stitute separate units appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.'
(a) All office clerical - employees including dictaphone op-
erator , junior clerk -- service , order clerk --production , junior
clerk- -production , accountant , senior clerk --payroll , typist,
junior clerk - - accounting , switchboard operator , senior clerk--
purchasing , and blueprint operator ," but excluding all em-
ployees covered by the current agreement between the Em-
ployer and Local 919 , United Auto Workers of America, AFL,
private secretaries , the plant nurse , time-study engineers,
tool designers , draftsmen , the chief dispatcher , the accounting
machine operator , guards , and supervisors as defined in the
Act.
(b) All plant clerical timekeepers , dispatchers , and the tool-
room attendant , excluding supervisors as defined in the Act.
[Text of Direction of Elections omitted from publication.]
Member Rodgers took no part in the consideration of the
above Decision and Direction of Elections.
it The Petitioner made an adequate showing of interest for its proposed unit. However, the
Board is not directing an election in this unit , but in two smaller units . The Petitioner's
proof of interest does not reveal whether in each of these units it has the 30 percent showing
which is administratively required as a precondition to holding an election . The Regional
Director is therefore instructed to recheck the Petitioner ' s proof of interest to ascertain
whether at the time of the hearing it had a 30 percent showing in each of the units. If the
Petitioner is unable to furnish such proof as to any unit , the Regional Director is directed
not to conduct an election in such unit , but to dismiss the petition 'as to such employees.
13 The parties were in agreement as to the inclusion of the above- named classifications.
THE ZIA COMPANY and INTERNATIONAL BROTHERHOOD
OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND
HELPERS , LOCAL UNION NO. 492, AFL, Petitioner. Case
No. 33-RC-464 . May 27, 1954
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed-under Section 9 ( c) of the National
Labor Relations Act, a hearing was held before Harold L.
Hudson , hearing 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.
2. The labor organizations involved claim to represent
certain employees of the Employer.
108 NLRB No. 140.