Lodge & Shipley Machine Tool Co.

National Labor Relations Board - Board Decisions

Jul 10, 1943

51 N.L.R.B. 215 (N.L.R.B. 1943)

In the Matter of LODGE ce, SHIPLEY MACHINE TOOL COMPANY and
UNITED ELECTRICAL , RADIO AND MACHINE WORKERS OF AMERICA,
C. I. O.
Case No. R-5583.-Decided July 10, 1943
Mr. James B. O'Donnell, of Cincinnati , Ohio, for the Company.
Messrs. Waldo Stager and Ralph D . Marcus, of Cincinnati , Ohio, for
the C. 1. 0.
Mr. Philip J. Kennedy , of Cincinanti, Ohio , for the Independent.
Mrs. Augusta Spaulding , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio and Machine
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Lodge & Shipley Machine Tool Company, Cincinnati, Ohio, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Thomas E. Shroyer,
Trial Examiner. Said hearing was held at Cincinnati, Ohio, on June
23 and 24, 1943. The Company, the C. I. 0., and United Employees of
Lodge & Shipley, herein called the Independent, appeared and par-
ticipated' 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 opportunity to file briefs with the Board.
(International Association of Machinists , also served with notice , did not appear at the
hearing
51 N. L. R. B., No. 49.
215
216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Lodge & Shipley Machine Tool Company is engaged in the manu-
facture of machine tools at two plants in Cincinnati, Ohio. The Com-
pany uses raw materials, consisting principally of iron, steel, bronze,
and copper, approximately 10 percent of which come to its plants
from points outside Ohio. In 1942, the volume of the Company's
business exceeded $5,000,000. Over 90 percent of the products finished
at the Company's plants are eventually shipped outside Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio and Machine Workers of America is a
labor organization affiliated with the Congress of Industrial Organ-
izations , admitting to membership employees of the Company.
United Employees of Lodge & Shipley is an unaffiliated labor or-
ganization , admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Early in May 1943 the C. I. O. requested recognition as the
exclusive collective bargaining representative of production and
maintenance employees at the Company's Cincinnati plants. The
Company refused so to recognize the C. I. O. until it should be desig-
nated as the representative of these employees by the Board.
On Dcember 6, 1941, the Company and the Independent entered
into a bargaining contract, in which the Company recognized the
Independent as sole bargaining representative for the Company's
employees. The contract, amended on September 1, 1942, expired on
November 30, 1942. The Company did not thereafter recognize the
Independent as bargaining representative of its employees or enter
into any further contract concerning them.
A statement of a Field Examiner introduced into evidence at the
hearing and a statement of the Trial Examiner read into the record
at the hearing indicates that the C. I. O. and the Independent each
represents a substantial number of employees in the unit hereafter
found appropriate.z
2 The C. I. 0 submitted 460 authorization cards, of which 330 appear to bear genuine signa-
tures of employees of the Company on the pay roll of June 1, 1943.
At the hearing the Trial Examiner made a spot check of authorizations of the Independent
and found that, of 100 employees on a current pay roll, 44 appeared to have designated the
Independent as bargaining agent.
There are approximately 1,000 employees in the appropriate unit.
LODGE & SHIPLEY MACHINE TOOL COMPANY 217
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 Company operates two plants in Cincinnati for the manufac-
ture of machine tools. The plants, 4 miles apart, are operated as a
single administrative unit under one supervision. Employees at both
plants of the Company were covered under. the former contract be-
tween the Company and the Independent. The parties agree, and
we find, that production and maintenance employees at the Com-
pany's two plants should be included in the same bargaining unit.
The parties further agree, and we find, that supervisory employees,3
commercial office employees, time-study men, employees in the sales
and employment departments, and plant-protection employees should
be excluded from the unit. The parties disagree with respect to the
inclusion in the unit of certain classes of employees, more particu-
larly described below : 4
Works Office: The Works Office handles stock control, costs, and
pay-roll records. Most clerical employees in this office were deemed
confidential employees and were barred from coverage in the contract
between the Company and the Independent. Typists and clerks in
the Works Office who devote their time to shop-work orders and shop-
work records were covered by the contract. The Independent and the
Company would include the latter group of employees. The C. I. O.
would exclude all office clerical employees from the bargaining unit.
Since all employees in the Works Office are office clerical employees
rather than plant clerks, or production and maintenance employees
who perform clerical work incidental to their regular manual duties,
and the work interests of employees in the Works Office are similar
to those of the commercial office employees whom the parties agree
to exclude, we shall exclude these office clerical employees and all
other office clerical employees from the unit of production and main-
tenance workers.
a Although the parties did not particularly define the term "supervisory employees." we
shall deem excluded from the unit under this category supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in the statue of employees,
or effectively recommend such action.
4 The contract between the Company and the Independent included all employees at the
Company's two plants except managerial and supervisory employees, plant-protection em-
ployees, and "office or salaried" employees. The employees concerning whose inclusion in
the unit the parties herein disagree are all hourly paid employees who were covered by the
former contract between the Company and the Independent. While we necessarily accord
considerable weight to this fact, we do not deem it conclusive in determining the issues
raised in the instant proceeding respecting the appropriate unit. Cf. Matter of Unton Switch
& Signal Company, 30 N. L. R. B. 922; Matter of Philadelphia Dairy Products Co , 36
N. L. R. B. 737.
218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Engineering Department: The Company has an engineering de-
partment, housed in a separate room, which includes designers, drafts-
men, tracers, and some clerical employees. The C. I. 0. and the In-
dependent would exclude all employees in this department from the
bargaining unit. The Company would exclude the designers only.
Since all employees in the engineering department have little contact
with ordinary production and maintenance workers and are pri-
marily technical or office clerical employees, we shall exclude them
from the bargaining unit.
"Shop Employees": Four employees, designated on the pay roll as
"shop employees," are more experienced and skilled than the ordinary
employees who work in the several production departments. They
work directly under the Works Manager or Superintendent, and not
under departmental plant foremen like other production and main-
tenance employees. Two of the so-called shop employees are me-
chanics, designated as "trouble shooters"; another inspects and tests
lathe beds for hardness, preliminary to production work; and the
fourth employee is in charge of expensive tools with discretion as to
their use. The Company and the Independent would include the
"shop employees" in the bargaining unit; the C. I. 0. would exclude
them. Since these employees have no supervisory authority and their
general working conditions are those of other production and main-
tenance employees with whom they work, we see no reason to exclude
them from the bargaining unit. We shall therefore include them in
the unit.
Shop timekeepers: The Company employs 15 shop timekeepers who
work at designated stations in the shop and an additional employee,
also designated as a shop timekeeper, who works in an, office and
checks the shop time records for errors and discrepancies. The
C. I. 0. would,,-exclude all shop timekeepers from the unit. The
Company and Independent would include them. Timekeepers are a
fringe group. Since the labor organizations disagree with respect
to the inclusion of these employees, we shall exclude them from the
production and maintenance unit.
University Co-ops: For short work periods, and as part of their
college educational training, the Company employs a number of boys
who are studying engineering at the University of Cincinnati.
These students are paid for their services, but not according to the
plant scale for regular employees. The Company would exclude
these employees. The position of the C. I. 0. and the Independent
as to their exclusion is not entirely clear. Since these students con-
stitute a separate group of employees whose work interests at the
plant are clearly special in character, we shall exclude them from
the bargaining unit. ,
LODGE & SHIPLEY MACHINE TOOL COMPANY 219
Matron: The Company employs a matron who delivers mail in
the plant and generally looks after the welfare of the girls with
particular reference to their complaints. She is a confidential em-
ployee. The C. I. 0. and the Independent would exclude her from
the bargaining unit. The Company would include her. Since her
work interests are clearly distinguishable from those of the produc-
tion and maintenance employees and she is not concerned directly
with the production process, we shall exclude the matron from the
bargaining unit.
Credit Association Employee: The Company employs a Credit
Association employee who collects money for the employees' Credit
Association and sells War Bonds and War Stamps. The Company
contributes his services to the war effort and would include him in
the bargaining unit. The C. I. 0. and the Independent would ex-
clude him. Since the Credit Association employee is not concerned
with the manufacture of the product or the maintenance of the
plant, but devotes his time exclusively to this "extra-curricular"
work, we shall not include him in the unit with the production and
maintenance employees.
We find that all production and maintenance employees at the
Company's two Cincinnati plants, including "shop employees," but
excluding time-study men, employees in the sales, employment, and
engineering departments, plant-protection employees, shop time-
keepers, university co-ops, the matron, the Credit Association em-
ployee, all office clerical employees, and all supervisory employees,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen may best be resolved by an election by secret -ballot.
The Company request that all employees on military leave be
given an opportunity to vote in the election. For reasons which we
have stated in other decisions, we find it inexpedient to permit em-
ployees on military leave who do not present themselves in person
at the polls to vote in an election .5 For this reason we shall permit
employees of the Company in the armed forces of the United States
to vote, provided they present themselves in person at the polls.
Those eligible to vote in the election shall be all employees of the
Company in the unit found appropriate in Section IV, above, 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.
° See Matter of Wilson & Co , 37 N. L R B. 944.
220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relation 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 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Lodge & Shipley
Machine Tool Company, Cincinnati, Ohio, 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 super-
vision 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 all
employees of the Company in the unit found appropriate in Section
IV, 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 employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by United
Electrical, Radio and Machine Workers of America, C. I. 0., or by
United Employees of Lodge & Shipley, for the purposes of collective
bargaining, or by neither.