Motiograph

National Labor Relations Board - Board Decisions

May 10, 1945

61 N.L.R.B. 1049 (N.L.R.B. 1945)

In the Matter of F. E. MATTHEWS, H. T. MATTIIEWS, F. C. MATTHEWS,
R. F. SHERMAN, ET AL., D/B/A MOTIOORAP11 and GENERAL SERVICE
EMPLOYEES UNION, LOCAL 73, B. S. E. I. U., A. F. OF L.
Case No. 13-R-2832.-Decided May 10, 1945
Mr. H. E. Sey f arth, of Chicago, Ill., for the Company.
Mr. Daniel D. Carmell, by Messrs. Leo Segall and Werner Laue, both
of Chicago, Ill., for the AFL.
Mr. Irving Krane, of Chicago, Ill., for the CIO.
Mr. Nathan Saks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by General Service Employees Union,
Local 73, B. S. E. I. U., A. F. of L., herein called the AFL, alleging that
a question affecting commerce had arisen concerning the representation
of employees of F. E. Matthews, H. T. Matthews, F. C. Matthews, R. F.
Sherman, et al., d/b/a Motiograph, Chicago, Illinois, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Robert T. Drake, Trial Examiner.
Said hearing was held at Chicago, Illinois, on March 16, 1945. The
Company, the AFL, and United Electrical, Radio and Machine Work-
ers of America, CIO, herein called the CIO, appeared 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 Examiners' 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
I. THE BUSINESS OF THE COMPANY
F. E. Matthews, H. T. Matthews, F. C. Matthews, R. F. Sherman, and
others, doing business as Motiograph, operate two plants in Chicago,
61 N. L. R. B., No. 177. 1049
1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARTS
Illinois, within approximately 500 feet of each other. At these plants
the Company manufactures motion picture projectors, sound equip-
ment, aircraft and ordnance components, and replacement parts for
its motion picture equipment. The principal raw materials used at
the plants are various metals. Total purchases of raw materials dur-
ing the year 1944 exceeded $250,000 in value, of which approximately
20 percent was purchased outside the State of Illinois. Sales of
finished products during the year 1944 exceeded $750,000 in value, of
which approximately 12 percent was shipped to points outside the State
of Illinois. More than 50 percent of the products shipped to points
within the State during that period was shipped to a prime contractor
and used in products for the armed forces.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
General Service Employees Union, Local 73, Building Service Em-
ployees International Union, affiliated with the American Federation
of Labor, is a labor organization admitting to membership employees
of the Company.
United Electrical, Radio and 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 AFL as the
exclusive bargaining representative of certain of its employees until
the AFL has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the AFL and the CIO each 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 AFL seeks a unit of all production and maintenance employees
at the Company's two Chicago plants, including the shipping clerk
' The Field Examiner reported that the AFL submitted 64 membership cards ; that the
names of 54 persons appearing on the cards were listed on the Company's pay roll of
February 25, 1945, which contained the names of 146 employees in the alleged appropriate
unit; and that 39 of these cards were dated between November 1944 and February 1945,
and 15 were undated. The Field Examiner also reported that the CIO submitted 57 mem-
bership cards , that the names of 51 persons appearing on the cards were listed on the same
pay roll ; and that, of these, 15 cards were dated in July and August 194'4, 25 in January
and February 1945, and 11 were undated.
MOTIOGRAPH 1051
and his helpers, tool makers, tool crib attendant, porters, assemblers,
repair assemblers, stockroom helpers, group chiefs, parts inspectors,
and assembly inspectors, but excluding job foremen, experimental man,
timekeepers, cost and inventory clerk, production clerk, chief stock
clerks, office employees, general foremen, assistant general foremen,
armed guards, and chief parts inspector. The CIO and the Company
agree generally with the appropriateness of this unit, except that the
CIO would also include job foremen in the unit, and the Company
would exclude stockroom helpers, group chiefs, job foremen, parts
inspectors, and assembly inspectors. The disputed categories of em-
ployees are treated below :
Stockroom helpers: These employees, who work under the chief stock
clerks, place stock in bins, hand out stock to the production employees
on requisition, and keep records showing the amount and nature of
stock on hand; they also wrap parts to be shipped. While the main-
tenance of their inventory records does consist of clerical work, they
spend most of their time doing physical work in connection with
the stockroom. Moreover, their work of filling the requisitions of the
production employees, brings them into daily contact with such em-
ployees. We are, therefore, of the opinion that the duties and inter-
ests of the stockroom helpers are more closely identified with those of
the production and maintenance employees than with those of the cleri-
cal employees. We shall include them in the unit.
Group chiefs: In Plant 1 there are 4 group chiefs who supervise the
work of about 37 employees. The group chief in charge of the drill
presses supervises 10 drill press operators; the one in charge of milling
operations supervises 4 milling machine operators; another supervises
4 engine lathe operators and 8 turret lathe operators; and the bench
lathe group chief supervises 11 bench lathe operators. They do all
the set-up work for the less skilled operators and more difficult set-up
work for the skilled operators. Their supervision consists mainly of
instruction on new jobs, instruction of new men, and checking the
quality of the work done. While it appears that group chiefs will do
an absent production employee's work and regularly do certain very
delicate jobs, they normally spend 20 percent or less of their time in
production work. Moreover, they receive from 20 to 25 percent more
pay than the men who work under them, and frequently, because of
long overtime hours, receive as much pay as assistant general foremen.
Although they do not have the authority to hire'or discharge, the rec-
ord shows that they make recommendations concerning the status of
employees which are followed, and that they occasionally attend man-
agement conferences. In view of all these facts, we find the group
chiefs to be supervisory employees within our customary definition,
and shall exclude,them from the unit.
1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Job foremen: In Plant 2 there are a general foreman and 4 job fore-
men in charge of about 48 employees. Each job foreman supervises
between 6 and 12 employees. They select the type of work to be done
by the employees under them, instruct them, reprimand them when
necessary, and advise the general foreman on their skill and qualifi-
cations. They do production work during a portion of their working
hours. Although they participate in a group incentive plan with the
employees under them, the record indicates that they enjoy a higher
wage rate than such employees. While they do not have the authority
to hire and discharge, it appears that they can effectively recommend
discharges and transfers. In view of the foregoing, we find that the job
foremen are supervisory employees within the meaning of our cus-
tomary definition. We shall, therefore, exclude them from the unit.
Parts inspectors and assembly inspectors: The parts inspectors check
parts on the way through machine operations with the aid of testing
instruments, rejecting those parts which do not meet specifications.
The assembly inspectors do similar work on the finished product after
it has been assembled. The Company contends that because the in-
spectors know whose work they are testing, they should not be included
in a bargaining unit with them. We have considered this contention
in other cases involving similar employees and, as in those cases, find
it to be without merit.2 Accordingly, we shall include the parts in-
spectors and assembly inspectors in the unit.
We find, in accordance with the agreement of the parties and our
foregoing determinations, that all production and maintenance em-
ployees at the Company's two Chicago plants, including the shipping
clerk and his helpers, tool makers, tool crib attendant, porters, assem-
blers, repair assemblers, stockroom helpers, parts inspectors, and
assembly inspectors, but excluding group chiefs, job foremen, experi-
mental man, timekeepers, cost and inventory clerk, production clerk,
chief stock clerks, office employees, general foremen, assistant general
foremen, armed guards, chief parts inspector, and all or any other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, 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-
2 See Matter of Gardner-Denve? Company, 52 N L R B. 1277, and cases therein cited.
MOTIOGRAPH 1053
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with F. E. Matthews,
H. T. Matthews, F. C. Matthews, R. F. Sherman, et al,. d/b/a Motio-
graph, Chicago, Illinois,, 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 Thirteenth 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 employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing the date of this Direction, including employees who did not work
during the 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 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 they desire to be represented by Gen-
eral Service Employees Union, Local 73, B. S. E. I. U., A. F. of L. or
by United Electrical, Radio and Machine Workers of America, C. I.
0., for the purposes of collective bargaining, or by neither.
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