Solar Electric Corp.

National Labor Relations Board - Board Decisions

Jul 12, 1960

128 N.L.R.B. 35 (N.L.R.B. 1960)

SOLAR ELECTRIC CORPORATION 35
A. All plant and maintenance employees, excluding all truck-
drivers, office employees, salesmen, guards, and all supervisors as
defined in the Act.
B. All truckdrivers, excluding all other employees, salesmen,
guards, and all supervisors as defined in the Act.
[Text of Direction of Elections omitted from publication.]
Solar Electric Corporation 1 and International Brotherhood of
Electrical Workers, AFL-CIO, Petitioner. Case No. 6-RO-
2538. July 12, 1960
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before William S. Jacobs, hearing
officer. 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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Rodgers, Bean, and Fanning].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain 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 production and maintenance unit at the
Employer's Warren, Pennsylvania, plant where it manufactures in-
candescent lamps. The parties are substantially in agreement as to
the appropriateness of such unit except that the Petitioner and the
Intervenor, Employees Association, would include and the Employer
would exclude the following job classifications: 2
The cafeteria employees prepare and serve food to the other em-
ployees and anyone else who visits the plant. They work every work-
1 The name of the Employer appears as corrected at the hearing . The hearing officer
properly granted Petitioner's request to amend the name of the Employer at the com-
mencement of the hearing . As the Employer was not prejudiced by being referred to in
the petition as the Solar Electric Company rather than Solar Electric Corporation, the
motion of the employer to dismiss the petition because of the misnomer is denied.
2 The record indicates that the Employees Association for several years has represented
all the disputed employee classifications except the mail clerk under an informal verbal
agreement with the Employer.
128 NLRB No. 4.
36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
day but fewer hours than the other employees. In accordance with
Board policy we shall include the cafeteria employees in the unit.'
The quality control employees perform tests with meters and
gauges on certain lamps they select from the production assembly.
They submit a report of their findings to the engineering department.
Their work is of a routine nature, and no special technical skill or
educational background is required. It is sufficient that they be good
at figures and have good eyes and good common sense. They are
hourly paid at a rate somewhat higher than that of the production
employees. Their training period is only slightly longer than that of
the latter. The quality control employees work in close contact with
the production and maintenance employees. We find that they share
a community of interest with these employees and shall include them
in the unit.4
The mail clerk is under the supervision of the office manager. His
main function is to carry mail. The remainder of his time is spent
in the office mailing department, stuffing envelopes and handling out-
going mail to customers. We find him to be an office clerical employee
and shall exclude him from the unit.5
The outside truckdrivers haul raw materials into the plant and the
finished product out. They load and unload their trucks at the plant.
As their interests and conditions of employment are similar to those
of the production workers, and because no other labor organization
seeks to represent them separately, we include them in the unit.6
The unit foremen or crew leaders direct the work of four or five
girls who operate different machines in the production process. They
commence work earlier than the production workers in order to set
the machines up for operation and supply the necessary materials.
They also work later and shut down the machines and clean up. After
the machines start operating, the unit foremen's main function is to
watch the machines and their operators to see that the production
process continues uninterrupted. They supply the necessary materials
for the machines throughout the day and direct the operators in the
event of any changes in production. These directions are of a routine
nature. They are hourly paid at a rate of 30 cents to 60 cents per
hour more than the production workers, and receive the same fringe
benefits as the production workers, with the exception of a different
manner of computing their incentive pay. They do not have the
authority to hire, discharge, lay off, promote, reward, recall, adjust
grievances, or grant overtime or time off. On rare occasions they have
transferred employees to other machines subject to the superintend-
ent's final approval. They sometimes make recommendations as to
3Murray Ohio Manufacturinq Co, Lawrenceburg, Tennessee, Division, 118 NLRB 1027.
4 The Woodman Company, Inc , 119 NLRB 1784, 1789.
c M xermobile Manufacturers , Inc, 119 NLRB 1617.
Foremost Dairies, Inc, 118 NLRB 1424, 1426.
AURORA GASOLINE COMPANY 37
discipline and transfer, following which the superintendent conducts
a separate investigation. On these facts and the record as a whole
we find that the unit foremen do not possess supervisory authority
within the meaning of the Act, and therefore include them in the
unit.'
The payroll clerk, Arlene Morris, takes care of the production pay-
roll only. Her work area is on the production floor, whereas the
payroll clerk for the salaried payroll works in the general office. We
find that she is a plant clerical employee and include her in the unit.
Charles Still works in the plant where he gathers up the shrinkage
and seconds. He reports information pertaining thereto to the plant
payroll clerk. We include him in the unit.
We find that the following employees constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act :
All production and maintenance employees at the Employer's War-
ren, Pennsylvania, plant, including cafeteria employees, quality con-
trol employees, outside truckdrivers, unit foremen or crew leaders,
and the shrinkage and seconds man, but excluding office clerical em-
ployees, the mail clerk, professional employees, guards, and supervi-
sors as defined in the Act.
[Text of Direction of Election omitted from publication.]
7 Lampcraft Industries, Inc, et al, 127 NLRB 92. The parties stipulated at the
hearing that unit foreman Frank Arnold is a supervisor as he substitutes for the plant
superintendent when the latter is absent from the plant . We exclude him.
Aurora Gasoline Company and Cylinder, Gas, Chemical, Petro-
leum and Accessory Drivers, Helpers and Inside Employees,
Local Union No. 283, of the International Brotherhood of
Teamsters , Ind., Petitioner . Case No. 7-RC-4354. July 12,
1960
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Alfred J. Morad, hearing
officer. 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 Act the Board has
delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Rodgers and Jenkins].
i The hearing officer's ruling , rejecting as evidence past contracts between the Employer
and the Intervenor , is affirmed for the reasons stated in paragraph numbered 3, infra.
128 NLRB No. 3.
577684-61-vol. 128-4