National Press, Inc.

National Labor Relations Board - Board Decisions

Apr 16, 1979

241 N.L.R.B. 884 (N.L.R.B. 1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Press, Inc. and Graphic Arts International
Union, AFL-CIO, Local 86B. Case 13-UC-113
April 16, 1979
DECISION AND ORDER
BY MEMBERS JENKINS, MURPHY, AND TRUESDALE
On September 15, 1978, the Regional Director for
Region 13 issued a Decision and Order in this pro-
ceeding finding that the office department heads em-
ployed by the Employer at its Waukeegan, Illinois,
facility are supervisions within the meaning of Sec-
tion 2(11) of the National Labor Relations Act and
ordering that the petition for unit clarification be dis-
missed. Thereafter, in accord with Section 102.67 of
the National Labor Relations Board Rules and Regu-
lations, Series 8, as amended, the Petitioner filed a
timely request for review of the Regional Director's
Decision on the grounds that the Regional Director
departed from officially reported Board precedent
and made erroneous findings as to substantial factual
issues. The Employer filed a statement in support of
the Regional Director's Decision dismissing the peti-
tion.
On November 7, 1978, the request for review was
granted. Thereafter, the Employer filed a brief on re-
view.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has considered the entire record in this
case including the Petitioner's request for review and
the Employer's brief and hereby adopts the Regional
Director's Decision and Order, pertinent parts of
which are attached hereto as "Appendix A."'
when the workload is heavy in her department, she is the
individual who requests assistance from Plant Manager
Bielinski. In addition, one witness testified that before an
employee was permanently transferred into her depart-
ment, she was called into Plant Manager Bielinski's office
with the employee and the department head of the employ-
ee's department and she gave her approval of the transfer.
All three of the witnesses testified that employees go di-
rectly to Plant Manager Bielinski to request raises, leaves of
absence, and permanent transfers.
The evidence herein shows that while vacation prefer-
ences are granted according to seniority, requests for vaca-
tion times are submitted to the 13 department heads, two of
whom testified that they directly make readjustments if the
requests overlap.
**
Finally, one of the department heads testified that she
has twice recommended employees for jobs in her depart-
ment and on both occasions Plant Manager Bielinski has
told the department head to have the individuals come in
and start work. Further, this same department head testi-
fied that on two occasions she told Plant Manager Bielinski
that employees were not working out and the employees
were called in and discharged by Bielinski. In view of the
fact that the record herein does not reflect changed circum-
stances from the evidence presented in Case No. 13-RC-
14662 which alter the conclusions reached in the Decision
therein and based upon the record as a whole, I find that
the following 13 individuals in the following departments
are supervisors within the meaning of Section 2(11) of the
Act: Helen Brumm, accounts receivable; Cindy Clark,
agent file; Lorraine Thompson, billing department; Evelyn
Tuttle, bookkeeping; James Flannery, collection depart-
ment; John Frank, correspondence department; Julie Ann
Jaikaitis, dictation department; Pat Hoerner, direct mail;
Katherine Willis, filing department; Mr. Nemmers, jobbing
department; Mary Kerpan, mailing department; June
Zaker, order department; and Ann Wenzel, purchasing de-
partment. Accordingly, the instant request for clarification
is hereby denied.
APPENDIX B
It is hereby ordered that the petition filed herein
be, and it hereby is, dismissed.
I Also attached as Appendix B, are pertinent parts of the Regional Direc-
tor's Decision and Direction of Election in a related representation proceed-
ing. Case 13-RC-14662.
APPENDIX A
While the three [department heads] testified that they do
not assign work on a daily basis because the employees in
their departments know their duties, one witness testified
that when temporary transfers of employees are made out
of the witness's department, Plant Manager Bielinski typi-
cally asks the witness whether employees are free to be
transferred, and the witness informs employees of such tem-
porary transfers. Further, the same witness testified that
11. SUPERVISORY ISSUE
The Employer, contrary to the Petitioner, seeks to ex-
clude 13 employees from the unit requested on the grounds
that they are the heads of their respective departments and
supervisors within the meaning of Section 2(11) of the Act.
The Petitioner's position is that they are not supervisors
within the meaning of the Act. Furthermore, the Petitioner
contends that the 13 disputed employees do the same work
as the other employees in their respective departments and
that any supervisory duties they perform are merely rou-
tine, of a clerical nature, and do not require the exercise of
independent judgment.
The contested persons and their respective departments
are: Helen Brumm, accounts receivable; Cindy Clark,
agent file; Lorraine Thompson, billing department; Evelyn
241 NLRB No. 138
884
ORDER
NATIONAL PRESS
Tuttle. bookkeeping; James Flannery, collection depart-
ment; John Frank, correspondence department: Julie Ann
Jaikaitis, dictation department; Pat Hoerner, direct mail;
Katherine Willis, filing department: Mr. Nemmers, jobbing
department: Mary Ketpan, mailing department: June
Zaker, order department; and Ann Wenzel, purchasing de-
partment. All 13 contested department heads punch the
same timeclock, are all hourly paid, all receive the same
fringe benefits, have the same vacation policy and the same
lunch period. The time cards for all office employees indi-
cate what department that employee is in, and the cards are
grouped according to department in the time card rack.
The 13 alleged supervisors do not have to maintain any
records or reports of the output of their respective depart-
ments: however, if the department has anything to do with
sales, they record the sale and the amount. The assignment
of work is usually done in the morning and varies from day
to day. After they check what has to be done, all 13 alleged
supervisors segregate the work and assist in working on
complicated orders. During the time that the 13 department
heads perform work similar to that performed by employ-
ees they supervise, they are not relieved from their supervi-
sory responsibilities, they are expected to handle problems
that arise in the day-to-day operations.
The Employer's Representative Bielinski testified that all
13 department heads have the authority to effectively rec-
ommend the hiring of other employees within their depart-
ments: that they have the power to effectively recommend
the discharge of employees in their departments: that they
have the authority to recommend wage increases which rec-
ommendations are usually followed: that they assign em-
ployees in their departments to do particular types of work:
that they direct the work of the employees in their depart-
ments; that they correct and criticize the work of the em-
ployees in their departments: that they instruct employees
in their departments; that they have the authority to and do
authorize employees time off from work or late arrivals:
that they enforce the Employer's rules and policies; and
finally that they deal with employee complaints at the first
level. Bielinski also testified that if one of the 13 department
heads recommends that an employee be discharged, that he
(Bielinski) engages in further investigation of the reasons
for the discharge prior to giving the department head per-
mission to terminate the employee in question.
Applicants for employment as office clerical employees
are given applications by the switchboard operator. Plant
Manager Bielinski testified that on most occasions he inter-
views prospective office clerical employees. And, he makes
the decision who to hire with the approval and agreement
of the department head from whom the prospective em-
ployee will work. When someone is being interviewed for a
job as an office clerical employee, Bielinski takes them into
the general office area and introduces them to the depart-
ment head. There is no company document which lists de-
partment heads as such; however, when employees are
hired they are told who their supervisor is. The plant man-
ager deals with department matters through the individual
department heads and does not go directly to employees.
Though there are no regular meetings of the 13 department
heads, as problems arise there are individual meetings be-
tween the department heads and the plant manager.
As a matter of policy the Employer does not engage in
employee discipline. If an employee constantly violates a
company work rule, the department head advises the em-
ployee that he will have to be replaced. Generally, under
such circumstances, the Employer allows the employee to
quit. If an employee calls in sick before 8 a.m. the message
is taken by a recording machine, but, if an employee calls in
after 9 a.m., the message is taken by the switchboard opera-
tor and is relayed to the employee's department head.
The Employer does not have an employee cafeteria, and
employees eat their lunch in their work areas.
An individual consideration of contested positions fol-
lows:
I. Accounts Receivable (Helen Brumm)
Besides Brumm there are five other employees in the ac-
counts receivable department. The department processes
approximately four to five thousand orders a week. Checks
are received which have to be recorded and cash on deliv-
ery payments have to be matched with briefs from United
Parcel and recorded.
2. Agent File (Cindy Clark)
There are three employees plus Cindy Clark working in
the agent file department. The Employer maintains a com-
puterized listing of over 120,000 sales agents, and it is this
department's job to administer to these agents. The agent
file department in coordination with the advertising depart-
ment sees to it that if agents inquire about representing the
company that they are sent a starter kit.
3. Billing Department (Lorraine Thompsonj
Six employees including Lorraine Thompson work in the
billing department. The employees in the department have
three different job classifications: billing typist, rate clerk
and order checker. The department calculates rate charges.
decides whether an order should be shipped United Parcel
or freight or parcel post, and makes out checks to pay ship-
ping costs. The record shows that the billing department
once needed a typist. Lorraine Thompson spoke to Bielinski
and recommended Lorie Lopez for the job, had her fill out
an application, and Ms. Lopez was hired.
4. Bookkeeping Department (Evelyn Tuttle)
The bookkeeping department, which includes payroll
and accounts payable, is staffed by six employees including
Evelyn Tuttle. However, the time cards for all department
employees, including payroll and accounts payable are
listed under the bookkeeping department. Shirley Rippen-
trop and Janet Quint perform the department payroll func-
tions. Evelyn Tuttle, who is known as the head bookkeeper
by the department employees, pays the bills and accounts
payable. Janet Quint, because of her 17 years of employ-
ment by the company, often assists and directs Rippentrop
in the performance of her work. None of the parties to this
matter have raised the issue of supervisory status in regard
to Ms. Rippentrop; therefore, based on the record, I find
her to have a community of interest with the other office
clerical employees and include her in the unit and eligible
to vote.
5. Collection Department (James Flannery)
The three employees in the collection department control
all open accounts, approve credit, and send followup letters
to unpaid accounts. Credit approval is granted according to
company standards and policies. Bielinski testified that
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DIC:( ISIONS 01 NATIONAl. LABOR RELATIONS BOARD
Flannery approves credit without prior consultation unless
he goes beyond the limits of company standards and poli-
cies. The work of' the two employees in the department.
besides Flannery. involves typing, filing, and mailing letters.
6. (Correspondence Departnment (John Frank)
The three employees in the correspondence department
are responsible for returning all orders and dealing with
customer complaints. Basically. the job of the correspon-
dence department is to dictate letters. In addition to the
normal dictation of letters which all employees in the de-
partment do, John Frank is responsible for handling cus-
tomer complaints.
7. Dictatlion Department (Julie Ann Jaikailis)
The primary duty of' the dictation department is to tran-
scribe all dictation from the correspondence department.
Essentially the employees in that department do typing,
with Jaikaitis herself doing some of the typing. There are
four employees including Jaikaitis in the department. First
thing in the morning Jaikaitis checks the work for the day.
separates the work and designates and assigns certain types
and amounts of work to the employees in the department.
The dictations are done on recording belts, and Jaikaitis
distributes these to the employees. Only Jaikaitis takes
questions pertaining to dictation to the correspondence de-
partment. Jaikaitis once discharged a former employee,
Shirley Dery, fr absenteeism. Prior to discharging Dery,
Jaikaitis consulted with Bielinski, who, after checking the
payroll records, gave Jaikaitis permission to terminate
Dery.
8. Direct Mail Department (Palo erner)
Pat Hoerner and the other three employees in the direct
mail department mail catalogs to consumers, process orders
whether they are catalog or specialty printing and ship di-
rectly to the customer.
9. Filing Department (Katherine Willis)
The three employees in the filing department are respon-
sible for filing all orders over $50, filing all open account
orders, and preparing order blanks to correct customer
complaints which are then forwarded to the correspondence
department for adjustment. In addition to doing the normal
filing which the other employees do, Willis does the more
complicated filing and resolves problems.
10. Jobbing Departmenl (Mr. Nemlmers)
The seven employees in the jobbing department receive
orders which they edit and place with other companies for
production. The department is responsible for seeing that
the order is correct and that it is shipped. Furthermore, the
department checks the billing and controls the shipping
dates on orders.
II11. Mailing Department (Mary Kerpan)
Mary Kerpan and the other two employees in the depart-
ment are responsible for opening all mail, detaching any
keypunch cards that are used on the computer and distrib-
uting the mail to the proper department in the office.
12. Order Department (June Zakcr)
June Zaker and the five other employees in the order
department edit all printing orders before they are pro-
cessed, make sure that the orders are properly routed
through the office, make sure that cuts for orders are prop-
erly matched, and confirm copy for orders. If' there are any
difficulties or differences in regard to an order it is returned
to the correspondence department. An employee who
works on register forms is listed in the order department
and her timecard is grouped in the timecard rack with the
other department. I find this employee to have a commu-
nity of interest with the other office clerical employees and
include her in the unit found herein.
13. Purchasing Department (,4nn UeLncel)
Ann Wenzel and the two employees who work in the
purchasing department are repsonsible for obtaining all
materials necessary for production. The decisions as to
what to buy, how much to buy, and at what price are made
by the purchasing department. Ann Wenzel makes the deci-
sions. As part of her job Wenzel shops for the lowest price
on a given product. Wenzel has the authority to pledge the
company's credit, though all bills are paid on a cash basis.
Currently there is only one employee, besides Wenzel.
working in the department whose duty it is to process and
proof invoices. 'The other employee who worked in the de-
partment quit, and plans have been made to hire a replace-
ment in the fall.
Based on the entire record herein, I conclude that 13
department heads are supervisors within the meaning of
Section 2(11) of the Act, and I therefore exclude them from
the unit found appropriate in Case No. 13 RC 14662.
In reaching this conclusion I rely on the following facts.
Although Mr. Bielinski did not testify to any specific inci-
dents where the department heads made the final decisions
on the hiring and firing of employees. he did testify to spe-
cific incidents where they had effectively recommended the
hiring and firing of employees. When employees have been
discharged the plant manager has made an independent
investigation, but the department head had initially recom-
mended discharge and notified the employee that he was
being discharged. The department heads assign work, and
the plant manager consults with the department head in
matters relating to the department rather than going di-
rectly to an employee in the department.
Finally, I note that if these 13 department heads are not
found to be supervisors then the only supervisor for the
office employees would be the plant manager in a unit of
approximately 75 employees. Such a low supervisor to em-
ployee ratio is indicative of the supervisory status of the 13
department heads.
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