S. T. Johnson Co.

National Labor Relations Board - Board Decisions

May 10, 1946

67 N.L.R.B. 1330 (N.L.R.B. 1946)

In the Matter of S . T. JOHNSON COMPANY and UNITED STEELWORKERS
OF AMERICA, CIO
Ca8e No. 00-R-1608.-Decided May 10, 1946
Hardin, Rank, Meltzer and Fletcher, by Mr. J. Marcus Hardin, of
Oakland, Calif., for the Company.
Mr. Joseph Angelo, of Oakland, Calif., for the Union.
Mr. F. G. Dunn, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America, CIO,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of S. T. John-
son Company, Oakland, California, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Daniel J. Harrington, Trial Examiner. The
hearing was held at San Francisco, California, on April 9, 1946. 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 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 opportunity
to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
H INDINGS or FACT
1. THE BUSINESS OF TIIE COMPANY
The Company is a Delaware corporation having its principal office
and place of business at Oakland, California, where it is engaged in
the manufacture and sale of oil burners and the distribution of fuel
oil. During the period from March 1945 to December 1945, inclusive,
the total sales of the Company at its Oakland, California, plant
amounted to more than $632,425, of which amount approximately 72
67N L.It.B,No 177.
1330
S. T. JOHNSON COMPANY 1331
percent represented sales to customers outside the State of California
and to the United States Government.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its office and clerical employees
until the Union 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 Union represents a substantial number of em-
ployees 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 parties are in agreement that a unit composed of all office and
clerical employees , excluding the executive secretary and auditor, the
chief engineer , and the president 's son, D. E. Johnson, is appropriate.
However, they disagree as to the inclusion or exclusion of the following
individuals:
Barbara Waits is listed as bookkeeper -accounts payable. Although
she has been with the Company for 15 years and apparently carries
more responsibility than other employees in her department , she does
not have the power to effectively recommend a change in status of the
other bookkeepers . We shall include her in the unit.
Mae Taber is confidential secretary to the president of the Company.
She has been with the Company for 20 years . Inasmuch as she acts
in a confidential capacity to a person having "managerial " functions
in the field of labor relations ,' we shall exclude her from the unit.
E. E. Jensen was a former field salesman who is now acting as
assistant to the president of the Company. In this capacity, lie an-
swers correspondence and quotes prices . The Company intends to use
'The Field Examiner reported that the Union had submitted 7 membership cards,
and that there were approximately 10 employees in the appropriate unit
2 Matter of Ford Motor Company (Chicago Branch }, 66 N L R B 1317
1332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
him in the future as a field engineer and salesman. Due to the diver-
sity of duties and interests between him and the clerical employees,
we shall exclude him from the unit.
E. Reed Cook is listed as assistant purchasing agent. The record
shows that he may make minor purchases on his own initiative, but
must secure approval from the vice president and general manager for
purchases of any substantial amount. He has no supervisory author-
ity. We shall include him in the unit.
Elizabeth C. Gilliland is the secretary to the vice president and
general manager, who is in direct charge of labor relations. Inasmuch
as she is employed in a confidential capacity, we shall exclude her
from the unit.
Shirley M. Williamson is secretary to the chief engineer. She
handles all correspondence of the chief engineer and in addition
handles advertising and mimeographs price lists. Although the
Company contends that her duties are similar to the secretaries to the
president and vice president, the record shows that this employee is
not acting in a confidential capacity to a person exercising managerial
functions in the field of labor relations. We shall include her in
the unit.
Sheldon Doolittle: This employee was hired by the Company to
make time and motion studies in order to better judge the cost of
manufacturing its product. He is not in a supervisory capacity nor
(toes it appear that he sets rates or standards for wages. The ability
to make time studies requires special technical knowledge and skill
that can only be acquired through extensive training and experience.
By reason of these specialized duties, the interests of the time-study
man are diverse from those of clerical employees. We shall therefore
exclude him from the unit.
We find that all office and clerical employees,3 including the book-
keeper-accounts payable, the assistant purchasing agent, the secretary
to the chief engineer, but excluding the executive secretary and au-
ditor, the chief engineer, the secretary to the president, the secretary
to the vice president and general manager, the time and motion study
man, and all 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 REPRESENTATIVIiS
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
3 Excluding E. E Jensen and D . E. Johnson, son of the Company 's president.
S. T. JOHNSON COMPANY 1333
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.
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 represen-
tatives for the purposes of collective bargaining with S. T. Johnson
Company, Oakland, California, 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 Twentieth 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
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 tem-
porarily 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 or not they desire to be represented
by United Steelworkers of America, CIO.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.