63 N.L.R.B. 1330 (N.L.R.B. 1945)

Noblitt-Sparks Industries, Inc.

National Labor Relations Board - Board DecisionsOct 2, 1945

63 N.L.R.B. 1330 (N.L.R.B. 1945)

In the Matter of NOBLITT-SPARKS INDUSTRIES, INC. and INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 90, A. F. of L. Case No. 11-R-79/.-Decided October 0, 1945 DECISION AND DIRECTION STATEMENT OT THE CASE On March 21, 1945, International Association of Machinists, Dis- trict No.. 901 A. F. of L., herein called the AFL, filed a petition with the Regional Director for the Eleventh Region, alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Noblitt-Sparks Industries, Inc., Greenwood, Indiana, herein called the Company, and requesting an investigation and cer- tification of representatives, pursuant to Section 9 (c) of the Na- tional Labor Relations Act. On April 25, 1945, the Company, the AFL, International Union, United Automobile, Aircraft and Agri- cultural Implement Workers of America (UAW-CIO), herein called tie CIO, and Greenwood Industrial Workers Union, herein called the Independent, and a representative of the Board entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." Pursuant to the stipulation, an election by secret ballot was con- ducted on May 8, 1945, under the direction and supervision of the Regional. Director, among all the employees in the stipulated unit, to determine whether the said employees desired to be represented by the AFL, the CIO,, the Independent, or by none of these organi- zations. The results of the election were indecisive. Thereafter, upon timely request, a run-off election was conducted on May 29, 1945, among the employees in the stipulated unit to determine whether they desired to be represented by the AFL, the CIO, or by neither of these organizations. Upon the completion of the run-off elec- tion, the Regional Director duly issued and served upon the parties a Tally of Ballots. The Tally shows that there were approximately 191 eligible voters, that, of these, 160 cast valid ballots, of which 75 were for the AFL, 63 N. L R. B., No. 205 1330 NOBLITT-SPARKS INDUSTRIES, INC. 1331 and 85 were for the CIO, and that there were 14 challenged ballots, a number sufficient to affect the results of the election. On July 5, 1945, the Regional Director issued and duly served upon the parties a Report on Challenged Ballots recommending, that the challenges to the ballots of Henry R. Bell, Elvin Cook, Henry Ever- ett Robinette, Raymond Schrougham, Harley McIntire, Cecil Stout, Carl Dowden, Donald Garris, Ira Paul Flake, Justus Wright, Teley Bibe, Wilfred Skeel, and Roland Stanton be sustained and the chal- lenge to the ballot of Robert Dollens be overruled. In due course the AFL filed objections to the Regional Director's report. Thereafter on July 27, 1945, the Board ordered that a hearing be held on the AFL's objections with respect to all rulings in the Regional Director's report to which the AFL took exception. Pursuant to such order, the Board provided for an appropriate hearing upon due notice before Horace A. Ruckel, Trial Examiner. The hearing was held at Greenwood, Indiana, on August 21, 1945. The Company, the AFL, and 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 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 Eligibility of Henry R. Bell, Elvin Cook, Henry Everett Robinette, Raymond Schrougham, Harley McIntire, Cecil Stout, Carl Dowden, Donald Garris, Ira Paul Flake, Justus Wright, and Teley Bibe All these employees are classified as group leaders or set-up men but have substantially similar powers and duties. The CIO contends that they have supervisory authority and hence that the challenges to their ballots should be sustained; the Company and the AFL deny that these employees are supervisors and urge.that their ballots be opened and counted. Each of these group leaders and set-up men is charged, under the supervision of a foreman, with keeping a production line which may comprise eight or nine employees operating in satisfactory fashion. Virtually all their time is spent in doing set-up work, in bringing materials to the production line, in filling in for production workers who may leave the line temporarily, in repairing defective work, and in instructing new employees. They have limited authority to transfer employees working in their group from one place to another in their own production line but not to or from other produc- tion lines. The Company does not consider them to be supervisory 662514-46-voL 63-85 1332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees and they do not attend the regular weekly foremen's meet- ings. It seems clear that none of these employees has the power to, change or effectively to recommend a change in the status of any of their subordinates. We find, contrary to the recommendation of the Regional Director, that these employees- are not supervisors within the Board's customary definition of that term; 1 we shall direct that their ballots be opened and counted. Eligibility of Wilfred Skeel The CIO contends that this employee who is classified as a journey- man tool maker is a supervisor; the Company and the AFL dispute this contention. Skeel performs the regular duties of a journeyman tool maker. In addition, he hands out prints or instructions to other tool makers when requested to do so by either the superintendent or foreman of his department. He does not direct the activities of other employees. He neither substitutes for the foreman nor does he attend the weekly foremen's meetings. His hourly rate of pay is exceeded by that of at least one other journeyman tool maker who admittedly is, not a supervisory employee. We find, contrary to the Regional Di- rector's recommendation, that Skeel is not a supervisor as that term is defined by the Board and we shall, therefore, direct that his ballot be opened and counted. Eligibility of Roland Stanton The CIO contends that Stanton who is classified as a tool designer or junior draftsman is primarily a clerical employee and, as such, is expressly excluded from the stipulated unit; the Company and the AFL assert that he is properly part of the stipulated unit and his ballot should therefore be counted. Stanton performs numerous jobs in the tool room office and the tool shop itself. He keeps records of the time worked on various jobs, acts as a tool crib attendant in charge of various small tools, does some tracing work, and works in the shop making wood models and doing small lathe work. About 70 percent of his working time is spent in manual labor and the balance in performing various clerical duties. We find, contrary to the recom- mendation of the Regional Director, that Stanton is not primarily an office and clerical employee and that he properly belongs in the stip- ulated production and maintenance unit.2 Accordingly, we hereby overrule the challenge to his ballot and we shall direct that his ballot be opened and counted. I See Matter of Savage Arms Corporation, 62 N L. R. B. 1156; Matter of Chicago Rawhide Manufacturing Company, 59 N L R B. 1234 2 See Matter of Ideal Roller & Manufacturing Company, Inc., 60 N. L. It. B. 1105. NOBLITT-SPARKS INDUSTRIES , INC. 1333 Eligibility of Robert Dollens The CIO challenged the ballot of Dollens who is classified as a tool designer or senior draftsman ; the Company and the AFL maintain that he is within the coverage of the stipulated unit. Dollens spends all his time either at a drafting board designing tools or in the tool shop doing experimental works The stipulated unit specifically in- cludes experimental employees . We find, in accord with the recom- mendation of the Regional Director , that Dollens is an experimental employee and is included in the stipulated unit; we shall overrule the challenge to his ballot. DIRECTION 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, Sections 9 and 10, 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 Noblitt-Sparks Industries, Inc., Greenwood, Indiana, the Regional Director for the Eleventh Region, shall , pursuant to said Rules and Regulations , within ten (10) days from the date of this Direction, open and count the challenged ballots of Henry R. Bell, Elvin Cook, Henry Everett Robinette, Raymond Schrougham, Harley McIntire, Cecil Stout, Carl Dowden, Donald Garris , Ira Paul Flake , Justus Wright, Teley Bibe, Wilfred Skeel , Roland Stanton , and Hobert Dollens, and shall there- after prepare and cause to be served upon the parties a Supplemental Tally of Ballots including therein the count of said challenged ballots.