LeTourneau-Westinghouse Co.

National Labor Relations Board - Board Decisions

Aug 15, 1955

113 N.L.R.B. 684 (N.L.R.B. 1955)

684 DECISIONS ' OF NATIONAL LABOR_ RELATIONS BOARD
here the substantial interchange between lithographic and letterpress
operators deemed significant in that case. Consequently, the° facts as
found, that lithographic pressmen are not segregated from other press-
men, that they share the same immediate supervision as other press-
men, that they enjoy similar working conditions and similar pay, and
that the letterpressmen have prospects of becoming lithographers
when their jobs are abolished constitute an insufficient basis for includ-
ing letterpressmen in a -lithographic production unit in the present
proceeding. Accordingly, we now find that the following lithographic
production- employees at the Employer's plant location in Midland,
Michigan, constitute a unit- appropriate for purposes of collective
bargaining within the meaning of Section 9 (b) of the Act: 5
-- All lithographic production employees, including artists, strippers-
platemakers, and cameramen, but excluding all other employees, letter-
pressmen, the proofreader, office and clerical employees, professional
employees, guards, foremen, and supervisors as defined in the Act.
[Text of Second Direction of Election omitted from publication.]
CHAIRMAN FARUER-5took-no,part in the consideration of the above-
Supplemental Decision and Second Direction of Election.
b Employee Robert Dunnebacke, classified as an offset press operator by the Employer,
operates both offset and letterpresses on the night shift. As this, employee spends a sub-
stantial portion of his time engaged in lithographic production work, we shall include
him in the unit.
LeTourneau-Westinghouse Company and International , Broth-
erhood of Boilermakers, Iron Ship Builders , Blacksmiths,
Forgers and Helpers, A.F.L., Petitioner. Case No. 10-RC-3086,
August 15,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Lebor
Relations Act, a hearing was held before Gilbert Cohen, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.I
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 em-
ployees of the Employer.
3. A question..afeoting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The parties agree generally that the production and maintenance
unit sought by the Petitioner is appropriate. However, the Employer
113 NLRB No. 72.
LETOURNEAU-WESTINGHOUSE COMPANY 685
would include, while the Petitioner would exclude, the, following
classifications :
'Chief tool grinder : The Petitioner contends that the chief tool
grinder should be excluded because he is a supervisory leadman. The
chief tool grinder works in the machine shop tool grinding room,
spending 90 percent of his time grinding tools. He spends the remain-,
ing 10 percent of his time assigning tools to other employees for grind-
ing and instructing such employees in their work. He is hourly paid,
receives the same benefits, and is subject to the same employment condi-
tions covering regular hourly paid employees. He has no authority
to hire, discharge, or discipline, or to effectively recommend such
action. He does not direct the work of other employees. His rela-
tionship to those he instructs is merely that of an experienced employee
to less experienced employees. Accordingly, we find that the chief
tool grinder is not a supervisor. We shall, therefore, include him in
the unit.'
Design draftsman : This employee designs tools and fixtures for the
toolroom department. His work requires that he have a background
in vocational: training and knowledge of engineering and mechanical
drawing. He works in the plant office and, unlike other toolroom
employees, is paid on a salary basis. We find that the design drafts-
man is a technical employee and, thus, in accordance with our estab-
lished practice, where technicals are disputed, shall exclude him from
the unit.2
Stock chaser in the fabrication small parts department: This em-
ployee's work is to obtain materials necessary for production and to
expedite their movement from one department to another. Approxi-
mately 40 percent of the time he is engaged in moving materials and
tools. He performs no paper work. The Petitioner seeks the exclu-
sion of this employee on the ground that he is not a production em-
ployee., . As this employee performs many functions generally per-
formed by plant clerical employees, and has interests related to the
production employee, we shall include him in the unit.'
Production dispatcher in Tournapull assembly: This employee is,
in fact, a stock chaser. Therefore, for the reasons set forth above, we.
shall include him in the unit.
Head parts room clerk in electrical production: 4 The head parts
man, who has no supervisory authority and is an hourly paid employee,
1 English Lumber Co., 106 NLRB 1152
2 Heinz, Manufacturing Company, . 100 NLRB 1521 , 1528-27; Gerber Plastic Co., 108
NLRB 403, 405.
8 See A. C. Smith Corporation, 102 NLRB 1116 ; Rohr Aircraft, 104 NLRB 499; Whiting,
Corporation, 107 NLRB 493.
4 The Employer states in Its brief that the Petitioner seeks the exclusion of the utility
winders and assemblers In the electrical production department . The record shows, how-
ever, that the Petitioner agrees with the Employer to include these employees . These em-
ployees are regular production employees , having no supervisory authority . We shall,
therefore , in agreement with the parties , include them In the unit.
686 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
works alone in the electrical production supply room, which is located
in the warehouse and thus is not stationed in the same building housing
the electrical department. He receives and distributes parts and sup-
plies and keeps records of inventory and of the dispersing of materials.
His time is spent either in the supply room, or going to and from
the electrical production department, delivering materials. He is
under the immediate supervision of the foreman of that department.
In view of the foregoing, we find that this employee's Work is closely
associated with that of employees who are, by agreement, included
in the unit, namely, the electrical production employees, and that he
has substantial interests in common with the employees therein. We
shall, therefore, include him in the unit.'
Utility leadman in plant engineering: This employee is responsible
for the operation, inspection, and maintenance of plant utilities. He
works along with other employees to whom he assigns work and gives
instructions on carrying out assignments. From 80 to 90 percent of
his time is spent in actual working, the remainder being given over to
instruction. He has no authority to hire, discharge, discipline, or
effectively to recommend such action. Furthermore, the record in-
dicates that his assignment of work to other employees is essentially
routine in nature. Accordingly, we find that the utility leadman is
not a supervisor and shall include him in the unit.
Receiving clerk, material control, parts, and equipment shipping:
This employee works primarily in the warehouse receiving room,
where he spends about 30 percent of his time doing clerical paper
work. An additional 25 percent of his time is spent delivering ma-
terials throughout the plant. We find that the receiving clerk is a
plant clerical and shall, therefore, include him in the unit.
Head shipping clerk, material control, parts, and equipment ship-
ping: This employee spends virtually all his time in the shipping de-
partment. Most of this time is spent in actually loading goods for
shipment, only 10 percent being involved with paper work. He has
no supervisory authority. Accordingly, we find that this employee
is engaged primarily in work closely allied to that of the production
employees and shall, therefore, include him in the unit.
Head tool crib attendant, material control, parts, and equipment
shipping : About 90 percent of this employee's time is spent issuing
tools to, or receiving them from, production employees. The rest of
his time is spent keeping inventory and "in-and-out" records. He di-
rects, but in a routine manner only, the work of a tool crib attendant.
Furthermore, he is hourly paid and is subject to all the benefits ac-
corded production workers. Thus, we believe that this employee has
substantial interests in common with the production and maintenance
employees and is properly a part of the unit sought.
5 0. Z. Hall Motors, Inc., 94 NLRB 1180, 1182.
LETOURNEAU-WESTINGHOUSE COMPANY 687
Truckdrivera, material control, parts, and equipment shipping:
These work primarily as over-the-road truckdrivers but spend a small
portion of their time loading and unloading trucks. They are hourly
paid and receive the same benefits as other employees. No union seeks
to represent these employees separately. We shall include them in the
unit.,
Receiving and claim cleric, material control, parts, and equipment
shipping: This employee works in the warehouse where he receives
broken parts, returned as defective. He unloads these parts from
trucks and stores them in a special location until the inspection de-
partment examines them. Less than 5 percent of his time is involved in
keeping records. The Petitioner desires this employee's exclusion be-
cause he is a "clerk." However, in view of his duties as set forth above,
we find no merit in the Petitioner's position and shall include the re-
ceiving and claim clerk in the unit.
Assistant to plant superintendent: This employee is an expediter-
and stock chaser for the plant superintendent. He works out of the
superintendent's office but his work carries him into all departments.
of the plant. We find that this employee has interests closely related.
to the production employees and shall, therefore, include him .7
Stenographer, production control: This employee works in the office
and performs clerical work exclusively. We find that she is an office
clerical employee. We shall exclude her from the unit.
Order clerk, senior clerks, and junior technicians-all in production
control: These employees spend about 90 percent of their time in the
plant gathering and furnishing information to their supervisor on
the progress of production orders and schedules. The rest of their
time is spent in the office maintaining order and scheduling records.
These employees have interests related to the production employees.
We shall include them in the unit 8 -
Steel order clerk, production control: This clerk spends his entire
time working in the steel department. He maintains records to insure
that there is on hand an adequate supply of steel to meet plant needs.
As this employee is a plant clerical, we shall include him in the unit.
Cafeteria employees: The cafeteria is in a separate building. It is
open to the public but serves primarily company employees. The crew
in the cafeteria is composed of a head cook, server, cleanup man, pie
and roll maker, and cook-each of whose duties is indicated by his job
title.' These employees are hourly paid. Inasmuch as there is no
e Thomas Electronics , 107 NLRB 614.
1 General Electric Co., 106 NLRB 364, 369.
8 D. M. Steward Mfg , 102 NLRB 461.
9 The head cook has no authority to hire, discharge, or discipline employees , or effec-
tively to recommend such action He prepares the menu, cooks meats, and directs the
work of four employees in the cafeteria . There is, however , no evidence in the record
that such direction is other than routine in nature. Accordingly, we find that he is not
a supervisor.
,688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
showing that the working conditions and interests of the cafeteria
,employees differ substantially from those of other employees included
in the unit, and no other labor organization is seeking their separate
representation, we shall include them.lb
The Petitioner further seeks, over the Employer's objections, to have
• excluded from the unit as office clericals, employees in the purchasing
department, engineering department, traffic department, and account-
ing department. With the exception of those employees specifically
considered below, the record shows that the employees in these depart-
ments spend from 90 to 100 percent of their time working in the main
.office performing various clerical jobs. They are supervised by their
department head or other office supervisor. Accordingly, we find that
these employees are office or office clerical employees, having little or
no interests in common with the plant production and maintenance
employees. We shall therefore exclude them from the unit.ll
Chief engineer records clerk, engineering department : This em-
ployee works about 50 percent of his time in the office, the rest in the
plant. He photographs machinery, collects information for hand-
'books, and maintains records of all drawings and of serial numbers of
equipment sent out. His immediate supervisor is the engineering divi-
sion manager. In view-of the foregoing, we find that.the,chieLengi-
•neer records clerk has interests closely related to the office clerical em-
ployees and shall therefore exclude him from the unit.
'Design draftsman, draftsman, and engineering draftsman-all
lengineering department: The record indicates that the design and
,engineering draftsmen are technical employees. The status of the
draftsman is less clear. However, all 3 draftsmen work in the plant
:office over 90 percent of their time and are under the supervision of the
engineering department and not that of any production or mainte-
nance division. As the draftsmen appear to be technical employees
.we shall exclude them from the unit.
Cost analyst and normal cost analyst, accounting department:
These employees perform accounting work exclusively. - However,
their job requires that they spend about half their time in the plant,
,the other half in the office. Insofar as the record shows, they are at all
times under the supervision of the accounting department. - We find,
therefore, that these employees are office clerical employees and shall
=exclude them from the unit.
Accordingly we find that the following employees of the Employer
'constitute a unit appropriate for purposes of collective bargaining
within the meaning of Section 9 (b) of the Act:
10 Wm. P. McDonald Corporation, 83 NLRB 427, 432; Nebel Knitting Co ., 106 NLRB
114.
11 Heinz-Manufacturing Co, supra, at p. 1522. Among the, employees so excluded are
the blueprint machine operator and secretary-both in the engineering department.
SIGMAN FOOD STORES NO. 27 689
All production and maintenance employees at the Employer's Tour-
.'lnapull, Georgia, plant including the chief tool grinder, stock chaser
(fabrication, small parts department), production dispatcher (Tour-
napull assembly), head parts room clerk and utility winders and as-
semblers (all in electrical production department), utility leadman
(plant engineering department), and receiving clerk, head shipping
clerk, head tool crib attendant, truckdrivers, receiving and claim clerk
(all in material control, parts, and equipment shipping department),
the assistant to the plant superintendent, and the order clerk, senior
clerks, junior technicians, steel, order. clerk (all in production control
department), and the cafeteria employees; and excluding all em-
ployees in industrial engineering department (including time-study
employees), industrial relations department, executive department,
housing department, purchasing department, engineering department
(including the chief engineer records clerk, design draftsman, drafts-
man, and engineering draftsman), traffic department and the account-
ing department (including the cost analyst and normal cost analyst),
and the stenographer in the production control department, and all
,other office clericals, professionals, guards and watchmen, the indus-
trial-chemist (heat treat, press and forge,,labor-atory department), and
all supervisors as defined in the Act.12
[Text of Direction of Election omitted from publication.]
CHAIRMAN FARMER took no part in the consideration of the above
Decision and Direction of Election.
v The parties stipulated to the exclusion of the employees in the following depart-
ments: Industrial engineering , industrial relations, executive , and housing . The Peti-
tioner also sought in its petition to exclude sales employees , certain students and instruc-
tors; messengers , and busdrivers The Employer has, however , no such employees . Neither
does it possess a "standards department," the employees of which the Petitioner also sought
to exclude.
Sigman'Food Stores #27, Petitioner and , ,. Retail Clerks , Union,
Local No. 631, and Retail Clerks International Association,
AFL and The Hotel, Restaurant Employees and Bartenders
International , AFL, and Culinary Workers, Local No. 298.
Case No. 19-RM-161. August 15, 1955
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 John H. Immel, Jr.,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
113 NLRB No. 70.