Raytee Co.

National Labor Relations Board - Board Decisions

Mar 14, 1977

228 N.L.R.B. 646 (N.L.R.B. 1977)

646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Raytee Company and International Association of
Machinists and Aerospace Workers, AFL-CIO,
Petitioner. Case 21-RC-14354
March 14, 1977
SUPPLEMENTAL DECISION AND
DIRECTION TO OPEN AND COUNT
CHALLENGED BALLOTS
BY CHAIRMAN MURPHY AND MEMBERS
FANNING AND PENELLo
Pursuant to authority granted it by the National
Labor Relations Board under Section 3 (b) of the
National Labor Relations Act, as amended, a three-
member panel has considered determinative chal-
lenges in an election held on December 19, 1975,1
and the Hearing Officer's report recommending
disposition of same. The Board has reviewed the
record in light of the exceptions and brief2 and
hereby adopts the Hearing Officer's findings only to
the extent they are consistent with our decision
herein.
The Hearing Officer found that Robert Statham
and Richard Dona are managerial employees and
that Cohrt is an office clerical employee. He
therefore recommended that the challenges to their
ballots be sustained . The Employer contends that all
three employees are plant clericals and are therefore
eligible to vote in the election .3 We fmd merit to this
contention.
Robert Statham
Robert Statham holds the title of production
control clerk and is responsible for scheduling jobs
through the various production stages of the Employ-
er's operation . His duties include writing purchase
orders and preparing production control cards for
some jobs . Once the planning department assigns a
i The election was conducted pursuant to a Stipulation for Certification
Upon Consent Election The tally was 43 for, and 39 against, the Petitioner;
there were I void and 4 challenged ballots. Thereafter, on December 29,
1975, the Employer filed timely objections to conduct affecting the results of
the election . The Regional Director conducted an investigation of the
objections and on February 9, 1976, issued his Report on Challenged Ballots
and Objections. In his report , the Regional Director recommended to the
Board that the objections and the challenge to the ballot cast by Claudio
Funez be overruled, that the challenges to the ballots cast by Clara Cohrt,
Robert Statham , and Richard Dona be sustained , and that a Certification of
Representative issue.
Thereafter, on March 1 , 1976, the Employer filed timely exceptions to the
Regional Director's Report on Challenged Ballots and Objections with a
supporting brief In a Decision and Direction dated May 25, 1976 (not
reported in punted volumes of NLRB decisions), the Board overruled the
Employer's objections and the challenge to the ballot cast by Funez, but
ordered that a hearing be held for the purpose of receiving evidence to
determine the eligibility of Cohrt, Statham , and Dona if, after opening and
counting Funez ' ballot, their challenged ballots would affect the results of
the election . Funez' ballot, when counted , did not determine the outcome of
the election
Pursuant to a notice of hearing on challenged ballots issued on June 16,
228 NLRB No. 77
job to a particular department, Statham schedules it
based on customer demand and his understanding of
the time it will take to complete production. Statham
has authority to rearrange work in the shop to meet
delivery requirements of customers. However, he
does not have the authority to schedule overtime for
production employees if a job is delayed, nor does he
have authority to guarantee a completion date to a
customer. Statham receives the same fringe benefits
as production and maintenance employees, is hourly
paid, and punches a timeclock. His rate of pay is
within the range of other production employees
included in the unit.
Statham shares a small office located off the
production floor with employees Dona and Cohrt.
However, nearly 50 percent of his time is spent on
the production floor, keeping track of the progress of
various jobs. Like Dona and Cohrt, Statham is
supervised by the materials manager, who also
supervises shipping employees, the dockmen, and the
tool crib attendant. Like Statham, Dona and Cohrt
fill in for the shipping clerk when the latter is absent
or away from his station. Similarly, Statham, Dona,
and Cohrt substitute for each other. Although on
occasion management officials will ask Statham
rather than his supervisor about production-related
matters, the record establishes that information is
sought from Statham because of his special skills and
experience and not because he is responsible for
exercising any independent authority on the Employ-
er's behalf.
Although the Hearing Officer found it unnecessary
to reach the issue of Statham's supervisory status, the
evidence establishes that Statham is not a supervisor
within the meaning of Section 2(11) of the Act.
Statham has no authority to hire, fire, discipline, or
evaluate other employees, nor does he have any
authority to recommend such actions. Although he
may have made occasional reports of employee
1976, by the Regional Director and an order rescheduling hearing issued on
June 18, 1976, by the Acting Regional Director, a hearing was held on July
14, 15, and 19, 1976, before Hearing Officer Joseph M. Connors. On
November 10, 1976, the Hearing Officer issued and duly served on the
parties his Report and Recommendations on the challenges in which he
recommended the challenges to the ballots of Robert Statham, Richard
Dona, and Clara Cohrt be sustained . Thereafter, the Employer filed
exceptions to the Hearing Officer 's report and a supporting brief. In
addition to exceptions to the Hearing Officer's recommendations, the
Employer excepts to the refusal to find merit to its objections to the election.
The objections have previously been dismissed and the Employer has not
alleged any special circumstances which would require the Board to
reexamine its prior decision.
2 The Employer's request for oral argument is hereby denied inasmuch
as the record, exceptions , and briefs adequately present the issues and
positions of the parties.
3 The stipulated unit consists of "all production and maintenance
employees , including all shipping and receiving employees , warehousemen,
stock clerks and truckdnvers ; excluding all officer clerical employees,
guards, watchmen , professional employees , all supervisors as defined in the
Act, as amended."
RAYTEE CO. 647
misconduct, such reports have been independently
investigated by recognized supervisors. Similarly,
although Statham is responsible for scheduling work
throughout the plant, he does so within a prescribed
formula in which priorities are dictated by custom-
ers' needs and not by any independent determination
on his part. Furthermore, to the extent that Statham
directs other employees, such directions are routine
in nature.
On the basis of the foregoing, we find that Statham
is neither a managerial employee nor a supervisor
but is a plant clerical employee who has common
interests with the production and maintenance
employees. Container Research Corporation, 188
NLRB 586 (1971). We therefore overrule the chal-
lenge to his ballot.
Richard Dona
Richard Dona's job title is "expediter." He is
responsible for coordinating work being performed
for the Employer by outside manufacturers. Dona
has no authority to decide which jobs will be sent out
or which company will utilized. He prepares the
expediting orders which are signed by his supervisor.
On occasion, Dona' physically transports materials
from the production floor to the shipping and
receiving department and his working hours are
arranged so that he can transport to shipping all
materials completed by production employees but
left on the floor at the end of their regular work shift.
Dona has frequent contact with production em-
ployees because of his responsibility in coordinating
the work performed by outside companies with the
jobs completed at the Employer's facility. Dona is
also assigned the task of keeping a running inventory
on parts for spindle assembly, one of the production
departments. In the event additional purchases for
the department are necessary, Dona must receive
authority from his supervisor before placing an
order.
Dona punches a timeclock, is hourly paid, and has
similar benefits to production and maintenance
employees. Like Statham, his hourly rate is well
within the range of other production and mainte-
nance employees.
It is clear that Dona's responsibilities are directly
concerned with unit work, and all authority he
exercises on behalf of the Employer is a result of
prior approval from his own supervisor or conforms
to the Employer's existing policies. We therefore
conclude that Dona is not a managerial employee
but a plant clerical employee,4 and hereby overrule
the challenge to his ballot. Container Research
Corporation, supra.
Clara Cohrt
Clara Cohrt, whose title is buyer, handles all
requisitions for the purchases of tools and supplies
needed by the Employer. Cohrt receives requisitions
from employees and, after locating a vendor, types a
purchase order and has it signed by her supervisor
before it is mailed. Cohrt also prepares the docu-
ments relating to all export and import items, and
participates in the monthly inventory of parts in the
shop.
Although Cohrt types an occasional letter for her
supervisor, her major responsibilities are concerned
with preparing forms for purchasing. As noted
above, she shares an office with Statham and Dona
which is located next to the production area and
across the street from the building in which the office
clerical employees work. Cohrt has little contact with
employees who do not work in the production area.
She is hourly paid and her work hours are identical
to those of the production and maintenance employ-
ees and different from those of office clerical
employees.
Cohrt enjoys the same benefits as production and
maintenance employees as well as a salary within the
range of production and maintenance employees.
On the basis of the above and the entire record as a
whole, we find that Cohrt is a plant clerical employee
whose duties are directly related to unit work and we
therefore overrule the challenge to her ballot. Risdon
Manufacturing Company, Inc., 195 NLRB 579, 581
(1972).
DIRECTION
It is hereby directed that the Regional Director for
Region 21 shall, pursuant to the Board's Rules and
Regulations, Series 8, as amended, within 10 days
from the date of this Supplemental Decision and
Direction To Open and Count Challenged Ballots,
open and count the ballots of Robert Statham,
Richard Dona, and Clara Cohrt, and thereafter
prepare and cause to be served on the parties a
revised tally of ballots and take such further action as
is appropriate.
4 Although at the hearing Petitioner contended that Dona was a
supervisor if not a managerial employee, there is no evidence to support that
contention