Sherman Weir, Inc.Download PDFNational Labor Relations Board - Board DecisionsJul 30, 194878 N.L.R.B. 823 (N.L.R.B. 1948) Copy Citation In the Matter of SHERMAN WEIR, INC., EMPLOYER and DISPLAY FIXTURE WORKERS UNION5 LOCAL 21625, AFL, PETITIONER Case No. 2-RC-237.-Decided July 30,1948 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a * hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization named below claims to represent em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks a unit composed of all the production and maintenance employees of the Employer, including decorators and artists. The Employer opposes the establishment of a single unit for the production and maintenance employees on the ground that they have a history of bargaining on a two-unit basis. The Employer is engaged in the manufacture of window displays in New York City. Its operations are carried on in several depart- ments, all of which except one are located on one floor in a building at 222 E. 92nd Street. The other department, which is a production de- partment, is located at 209 E. 26th Street. The Employer employs an average of 45 employees, all of whom work under the supervision of .Chairman Herzog and Members Reynolds and Murdock. 78 N. L. R. B., No. 103. 823 824 DECISIONS OF NATIONAL LABOR RELATIONS BOARD a general plant supervisor . All the employees are carried on a single pay roll. The Petitioner would include all the production and main- tenance employees at the two addresses of the Employer. In April 1947, the Petitioner and Display Union Local 144, CIO, herein called the CIO,' entered into separate "members-only" agree- ments with the Employer, each of which contracts covered both pro- duction and maintenance employees and cut across department lines. These two contracts-expired in April 1948. Under such circumstances, we find no conclusive history of collective bargaining to support the Employer's contention as to the appropriateness of two separate units for its employees 2 We find, rather, that a single unit is appropriate. As the result of evidence elicited by the hearing officer, a question arises as to whether certain employees, variously referred to in the record as keymen and assistant supervisors, are supervisors within the meaning of the Act as amended. These employees, in addition to per- forming routine production tasks in the various production depart- ments of the plant, relay the orders of the plant supervisor with respect to work assignments to the employees in their respective departments. They do not have the power to hire or discharge employees or effectively to recommend such action. Occasionally they may be requested to report to the plant supervisor concerning the efficiency of the employees in their respective departments; however, it does not appear that they are authorized effectively to recommend any disciplinary or other action in connection with these reports. In these circumstances and in the absence of any specific issue raised by the parties at the hearing with respect to these employees, we find that the keymen or assistant super- visors are not supervisors within the meaning of the Act as amended and we shall include them in the appropriate unit .s We find that all the production and maintenance employees of the Employer at 222 E. 92nd Street and 209 E. 26th Street, New York City, including decorators, artists, and assistant supervisors (keymen), but excluding all supervisors, constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act. 1 Although a notice of hearing was sent to the CIO , it neither appeared nor participated in this proceeding. s Matter of Liggett Drug Company, Inc. 73 N. L. R. B . 312; Matter of Kansas Power h Light Company, 64 N. L. R. B. 915. Matter of Fred H. Cole d /b/a Cole Instrument Company, 75 N. L . R. B. 348 . Matter of General Motors Corporation, Buick Motor Division, 78 N. L . R. B. 72. SHERMAN WEIR, INC. DIRECTION OF ELECTION 825 As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or tem- porarily laid off, 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, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargaining, by Display Fixture Workers Union, Local 21625, AFL. 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