Rainfair, Inc.

National Labor Relations Board - Board Decisions

Feb 28, 1946

66 N.L.R.B. 150 (N.L.R.B. 1946)

In the Matter of RA INrAIR, INC. and OFFICE EMiLol Er:s INTER-
NATIONAL UNION, A. F . of L.
Case No. 13-R-3301.-Decided February 28, 1946
Sey f arth, Shaw & Fairweather, by Mr. Lee C. Shaw, of Chicago,
Ill., and Mr. F. F. Sommers, of Racine, Wis., for the Company.
Mr. Harold E. Beck, of Milwaukee, Wis., for the Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon a- petition duly filed by Office Employees International
Union, A. F. of L., herein called the Union, alleging that a question
affecting, commerce had arisen concerning the representation of
employees of Rainfair, Inc., Racine, Wisconsin, herein called the
Company, 'the National Labor Relations Board provided for an
appropriate hearing upon due notice before Thomas E. Wilson, Trial
Examiner. The hearing was held at Racine, Wisconsin, on December
18, 1945. The Company and the Union appeared and participated.
All parties were afforded full opportunity to be heard, to examine
and ,cross-examine witnesses, and to introduce evidence bearing upon
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
I. THE BUSINESS OF THE COMPANY
Rainfair, Inc., is a Wisconsin corporation with a plant involved
in this proceeding located at Racine, Wisconsin. It is there engaged
in the manufacture of raincoats and numerous other rubber products.
During the calendar year 1944, the Company purchased raw mate-
rials valued in excess of $100,000, of which approximately 90 percent
was shipped from points outside the State of Wisconsin. During
66 N. L. R. B., No. 9.
ISO
RAINFAIR, INC. 151
the same period, the Company manufactured products valued in
excess of $100,000, of which approximately 90 percent was shipped to
points outside the State.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Office Employees International Union is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Although at the hearing it appeared that by its petition for cer-
tification the Union "intends to request" recognition as the exclusive
bargaining representative of certain of its employees, the Company
did not state at the hearing that it would accord such recognition
to the Union.'
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriates 2,
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 Union seeks a unit comprising all office clerical employees of
the Company, excluding the industrial nurse, executives, and super-
visory employees. The Company contends, contrary to the Union,
that certain secretaries, stenographers, typist clerks, and the pay-roll
(personnel) clerk also should be excluded from the appropriate unit.
Secretaries and stenographers: There are four stenographers who
are regularly employed as secretaries to the president, the purchasing
agent-office manager, the sales manager, and the secretary-treasurer.
The record shows that they take dictation and otherwise engage in
the usual duties of a secretary. All these employees take dictation
on confidential labor relations matters. We shall, therefore, exclude
them from the unit.3 The remaining stenographers, although alleg-
1 See Matter of Southern Cotton Oil Company, et al, 59 N L R B 307
The Field Examiner reported that the Union submitted 14 application for member-
ship cards dated August 1945, and that there are 17 employees in the appropriate unit
'See Matter of Electric Auto Lite Company, 57 N L R B 723; Matter of General
Cable Corporation , 55 N L R. B 1143
152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
edly being trained for secretarial positions, have not assumed such
duties or been classified as such. There is no evidence that these
employees in the regular course of their present duties have access to
confidential information concerning the Company's labor relations.
We shall include them in the unit.
Pay-roll (personnel) clerk: The personnel and employment man-
ager handles personnel and labor relations matters, including griev-
ances, in their initial stages. He has charge of the three pay-roll
clerks, one of whom works on personnel records4 which are not
accessible to employees generally and are kept in a locked file. Since
in the performance of her duties she acquires information pertaining
to confidential personnel and labor relations matters, we shall exclude
this pay-roll clerk from the unit."
Typist-clerks: There are two typist-clerks, one of whom works
on sales records. Inasmuch as the evidence does not, in our opinion,
establish that their duties concern confidential matters relating to
labor relations, we shall include the typist-clerks in the unit.
We find that all office clerical employees of the Company, including
the bookkeeper, the telephone-receptionist, the file and mail clerk,
the billing clerk, the bookkeeping machine operator, typist-clerks,
pay-roll clerks, stenographers, and production clerks, but excluding
the pay-roll (personnel) clerk, secretaries to the president, the pur-
chasing agent-office manager, the sales manager, and the secretary-
treasurer , the industrial nurse, executives, and all 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 pur-
poses 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
employees in the appropriate unit 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.
4 The record , while not clear , indicates that Angelina Adamow is the employee above
referred to.
'See Matter of Aluminum Company of America, 61 N. L. B. B. 1066; Matter of
Electric Auto Lite Company, 57 N, L. R. B. 72$.
RAINFAIR, INC.
DIRECTION OF ELECTION
153
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 Rainfair, Inc.,
Racine, Wisconsin, 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 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 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 any 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 Office Employees International Union, A. F. of L., for the pur-
poses of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.