Minneapolis-Honeywell Regulator Co.

National Labor Relations Board - Board Decisions

Jun 29, 1944

56 N.L.R.B. 1790 (N.L.R.B. 1944)

In the Matter of BROWN INSTRUMENT COMPANY, A DIvISION OF
MINNEAPOLIS-HONEYWELL REGULATOR COMPANY and LOCAL 116,
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. 0.'
Case No. 4-R-13 Decided June 29, J944
A
Mr. Johan Morgan Davis,_of Philadelphia, Pa., for the Company.
Mr. Saul,C. Waldbaum, of Philadelphia, Pa., for the Union.
Mr. Max M.'Goldman, of counsel to the Board'.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 116, United Electrical,'Radio &
Machine Workers of America, C. I. O., herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the repre-
sentation of employees of Brown Instrument Company, a Division of
Minneapolis-Honeywell Regulator, Company, Philadelphia; Pennsyl-
vania, herein called the Company, the National Labor Relations Board,,
provided for an appropriate, hearing upon due notice before Eugene
M. Purver, Trial Examiner. Said hearing was held at Philadelphia,
'Pennsylvania, on May 10, 1944. The Company and the Union ap-
peared and participated. 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 an opportunity 'to file briefs with the Board.
Upon the entire record in the case, the, Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Brown Instrument Company, a Division of Minneapolis-Honeywell
Regulator Company, is_ a Pennsylvania corporation engaged in the
production of meters, pressure gauges, and other instruments and con-
trols for ,industrial purposes. In 1943 the Company; consumed -•i^aw
56 N. L.R'B,No.319
1790 '
BROWN INSTRUMENT COMPANY11 1791
materials consisting of non-ferrous metals, steel, packings, and oils
-valued in excess of $500,000, of which more than 40 percent was shipped
to it from points outside the Commonwealth of Pennsylvania. Dur-
ing the same period, the Company produced and sold finished products
valued in excess of $500,000, of which more than 85 percent was shipped
by it to points outside the Commonwealth of Pennsylvania. •
The Company admits that it is engaged in commerce within 'the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 116, United Rlectri^al;:Radio';& Machine Workers, of America,
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 Union as the
exclusive bargaining representative of certain of its factory clerks
until the Union has been certified by the Board in an appropriate unit.
A statement') of a Board-agent, introduced pinto) evidences at, the,
hearing, indicates that the Union represents a substantial number
of employees among those whom it seeks to represent.'
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 DETERMINATION OF REPRESENTATIVES
At present, the Union, by virtue of •a collective bargaining con-
tract with the Company, represents production and, maintenance
workers in the Company's employ, including certain clericals in the
Company's factory, but excluding all office employees. It now seeks
to merge with the employees embraced by its contract all remaining
clericals in the Company's factory. As an alternative -position, the
Union urges the establishment of a separate.unit comprising all cler-
icals engaged in the Company's factory other than those whom it
currently represents. However, the Company opposes both conten-
tions made by the Union, asserting that the clericals whom the Union
now seeks to represent constitute but a small segment of all the cler-
icals in its employ, including junior clerks and other office help who-are
not located in the factory and who are not covered by the-existing
bargaining agreement.
The I ,eld B.xannnet i epotted that the Union submitted I3 membership cards ; that the
names of 11 persons appeasing on the cards were listed on the Company 's pay roll, and
I hat there are tI enrilm ees whom the Union seeks to represent . At the hearing the parties
agreed that the cards \c ere dated in 1943 and in 1944.
1792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The employees' here sought, by the Union act as clerical aids. to; the
foremen in charge of the various departments in_ the Company's fac-
tory.2 Each foreman has the right to hire and discharge the clerks
under his supervision. In addition to performing routine' offce& func-
tions, the factory clerks in question, within their respective depart-
ments, trace orders by communicating with other departments and'
the office for the purpose of ascertaining whether orders, are being
properly filled, keep records of production, and aid production, work-
ers by locating orders and specifications. Although a considerable
part of their time is spent at their assigi ed1 places, in the factory where
they are separated from the other factory workers by a railing or
wire fence, they move freely throughout the plant. Moreover, their
duties, which are related to the Company's production processes,
place them in constant contact with other factory employees. Cler-
ical workers employed in the Company's office,are listed on the office
pay roll. The employees sought by the Union, however, are listed on
the factory pay roll.
In, view of the foregoing, we, are- oft the opinion that the, employees
petitioned for have interests which more closely identify, them
with the production and, maintenance -employees, and factory clerks,
now represented by the Union than with the Company's office clericals,,
employees whom we ordinarily exclude fromi units of production' and
maintenance workers. We shall, therefore,' permit them,, to form part
of the bargaining unit covered by the existing contract between the
Company and the Union if that is,their desire 3' Inasmuch as,there is
no question concerning. representation among the employees in-'the
present contract unit, we, shall direct that. an election be hel'd' solely
among the employees directly involved herein. If a majority of them,
select the Union as their bargaining representative, they, will thereby
have indicated` a desire to and will be' included in the more compre-
hensive' unit of employees currently represented by the` Union'.
We shall, accordingly, direct that the question concerning repre-
sentation' which has arisen be resolved by an election by secret ballot
among the clerical employees in the Company's factory not covered' by
the Union's existing contract, excluding all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise' effect
changes in the status of. employees, or effectively recommend' such
action, 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.'
2 It is clear from the record that In the course of their duties ' these 'employees do not
acquire knowledge of matters pertaining to labor relations.
3 See Matter of the Emerson Electric Manufacturing Company, 55 N. L . R. B. 110.
While the Union requests otherwise, there Is no persuasive reason to depart from our
customary practice , followed above, of determining eligibility to vote.
BROWN INSTRUMENT COMPANY 1793
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Brown Instrument
Company, a Division of Minneapolis-Honeywell Regulator Company,'
Philadelphia, Pennsylvania, an election by secret ballot shall be con-
ducted 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 Fourth 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, among the
clerical employees in the Company's factory not covered by the Union's
existing contract, excluding all supervisory employees with authority
to hire, promote, discharge, discipline,. or otherwise effect changes, in
the status of employees, or effectively recommend such action, 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 faces of the United
States who present themselves in person at the polls, but excluding
those employees who have,since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election, to
determine whether or not they desire to be represented by Local 116,,
United Electrical, Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.