South Bend Lathe Works

National Labor Relations Board - Board Decisions

Nov 27, 1944

59 N.L.R.B. 562 (N.L.R.B. 1944)

In the Matter of SOUTH BEND LATHE WORKS and UNITED STEELWORKERS
OF AMERICA, LOCAL UNION No. 3389, C. I. O.
Case No.13-R-26/.0.Decided November 27, 1944
McDermott, Will & Emery, by Mr. Fletcher Lewis, of Chicago, Ill.,
for the Company.
Messrs. Freeman Bellar and Alfred Rebollo, of Gary, Ind., and
Mr. Harry F. Kindy, of Mishawaka, Ind., for the Union.
Mr. Julius Kirle, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
Local Union No. 3389, C. I. 0., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of South Bend Lathe Works, herein called the
Company, the National Labor Relations Board 'provided for an ap-
propriate hearing upon due notice before Gustaf B. Erickson, Trial
Examiner. Said hearing was held at South Bend; Indiana, on Octo-
ber 13,1944. 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 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
South Bend Lathe Works, an Indiana corporation having its place
of business and plant at South Bend, Indiana, is engaged in the manu-
facture and sale of engine lathes and attachments. During the fiscal
year ending November 30, 1943, the Company used raw materials con-
59 N. L. R. B., No.. 109.
562
SOUTH BEND LATHE WORKS 563
sisting principally of steel and cast iron valued in excess of $500,000,
a substantial percentage of which came from points outside the State
of Indiana. During the same period, the Company's gross sales were
in excess of $10,000,000, a substantial volume of which was sold and
transported to points outside that State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Steelworkers of America, Local Union No. 3389, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership 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 certain of the Company's em-
ployees until the Union has been certified by the Board in an appropri-
ate 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 Union seeks a unit of all salaried 2 office and clerical employees
of the Company, including employees listed in Appendix A, but ex-
cluding employees listed in Appendix B. The Company, while agree-
ing with the aforesaid inclusions and exclusions, would, in addition,
exclude a group of 30 other employees who are discussed below.
Employees whose exclusion is requested solely by reason of their alleged
supervisory status
The record shows that there are eight 3 employees who act as assist-
ants to the heads of various departments. They direct the work of
1 The Field Examiner reported that the Union submitted 70 cards, of which 38
were dated in August 1944, 9 in September 1944 , 18 were undated, and 5 were invalid ;
and that there are approximately 115 employees in the claimed appropriate unit.
' At the hearing, it was established that all salaried employees, except the Company's
executive and supervisory staff, are office and clerical employees . All other employees are
production and maintenance employees who are paid on an hourly basis. It is agreed
by the parties , and we find , that Joseph E. Shafer , a part-time employee , is not a salaried
employee.
S James Reid , George K. Blair , James L. Baker , Wilbur Yeakey, Arthur D. Hoffman, Alfred
J. Denniston , William Reel , Jr., and William Geyer.
564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
others and possess supervisory authority under the Board's customary
definition., We shall exclude them.
Employees whose exclusion is requested by reason
of their alleged confidential status
William Bushman has supervision of the factory pay roll, prepares
original personnel records and files, interviews applicants for posi-
tions and approves applications for employment. He is assisted by
Mae Hildebrand, who has a set of keys to the personnel files, and
who assists him in preparing personnel data, including the placing
in the personnel folders of rating sheets, rate changes, transfers,
releases, and discharges. We find that they are employed in a con-
fidential capacity. Nine other employees 4 also have access to the per-
sonnel records of the Company. However, in the ordinary course of
their duties, they are primarily concerned only with those records
having to do with the pay roll, wage rates, prices, cost of production,
and, various financial matters . This use of the personnel records is
confined tb the obtaining of information relating solely to pay-roll
data. We find that they are not confidential employees within the
Board's definition .5 We shall , accordingly , include these nine em-
ployees, but exclude William Bushman and Mae Hildebrand.
Irene West acts as private secretary to the head of the order,
scheduling and store departments , has access to and frequently uses
the confidential files relating to some 60 employees . She is consulted
with reference to the standards of employees , is present at the con-
ferences within her department pertaining to wage increases and
working conditions, and takes memoranda thereof. We shall exclude
her s
There are nine employees 7 who either open and distribute incoming
mail, perform stenographic work in the offices of the departmental
heads, or act as file clerks, or switchboard operators. These nine
employees do not appear to have access to information of a sufficiently
confidential character relating to the labor relations of the Company
to warrant their exclusion." We shall include them."
4 Pauline Toman, Eulalic Dixon , Betty Wellman , Virginia Swanson, Betty Wukowits,
Jane Zilky, Mary Weinland, Lorraine Hepler, and Elizabeth Gerard.
See Matter of American Steel and Wire Company, 58 N L R B 253.
° See Matter of General Cable Corporation, 55 N. L . R. B. 1143 , and cases cited therein.
Matter of Chrysler Corporation , 36 N. L. R. B 157; Matter of St. Johns River Shipbuilding
Company, 52 N. L R B 12.
7 Betty Hatfield , Eunice Stein , Louise Van DeWalle , Martha J. Campbell , Mary Alice
Powers, Jeannette Richardson, Dolores Konkol, Virginia Thennis, and Gertrude Gaedtke.
$ Dolores Konkol, Virginia Thennis, and Louise Van Dewalle perform stenographic duties
for the departmental heads of a sporadic nature and not in the usual course of their
duties. Gertrude Gaedtke, although devoting 75 percent of her time to typing is not
given the same kind of work as is given to the confidential secretary to the departmental
head.
9 See Matter of U S. Automatic Corporation , 58 N L . R B. 662.
SOUTH BEND LATHE WORKS 565
Joseph Magiera is engaged in the drafting of drawings and charts,
and performs other - technical work. He also acts as a liaison between
the factory and the sales department, and makes investigations which
involve the engineering department. Since it appears that his duties
are of a technical nature, we shall exclude him and all other technical
employees from the unit.10
We find that all salaried office and clerical employees of the Com-
pany,11 including employees listed in Appendix A, but excluding em-
ployees listed in Appendix B, confidential employees,12 technical
•emplgyees,l2 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,14 constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION O'_'' REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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 Relations
Act, 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 South Bend Lathe
Works, South Bend, Indiana, 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 of Election, under the direction and super-
vision of the Regional Director for the Thirteenth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
10 See Matter of Universal Atlas Cement Company , 54 N. L . R.B. 1555.
11 Including Pauline Toman , Eulalie Dixon , Betty Wellman, Virginia Swanson, Betty
Wukowits , Jane Zilky , Mary Weinland , Lorraine Hepler, Elizabeth Gerard, Betty Hatfield,
Eunice Stein , Louise Van DeWalle , Martha J. Campbell , Mary Alice Powers,' Jeannette
Richardson , Dolores Konkol , Virginia Thennis, and Gertrude Gaedtke.
12 William Bushman , Mae Hildebrand , and Irene West.
is Including Joseph Magiera.
14 As hereinabove found , James Reid , George K. Blair , James Baker, Wilbur Yeakey,
Arthur D. Hoffman , Alfred J . Denniston , William Reel, Jr., and William Geyer, are excluded
as falling within the above supervisory definition.
566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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, Local Union No. 3389, C. I. 0., for
the purposes of collective bargaining.
Cleo Arndt
Jeannette Beghtel
Helen Bjorkman
Freda Blumberg
Betty Jo Boone
Evelyn Bryant
Beverly Burns
Mary Capatina
Vida Mae Castle
Rosemary Chapman
Martha Cleghorn
Geneta Craft
Anna Dattilo
Barbara Davis
Dorothy Detroy
Hazel Eckman
Ruth Fetters
Betty Fisher
Bessie Flick
Mary Fragomeni
Rita Gembarzewski
Dorothy Gewetzki
Frieda Gielow
Joan Ginther
Alice Gondeck
Bertha Goodenough
Gertrude Grey
Marilyn Hayes
Mary Anne Hauck
Margaret Henry
Carol Heward
Dorothy Hill
Appendix A
Janice Holm
Viola Hostetler
Hazel Hupp
June Johnston
Diane Jones
Jean Jones
Pearl Kasznia
Dorothy King
Helen Klaybor
Betty McCrea
Phyllis Manges
Ila D. Marriott
Suzanne Martell
Lorraine Melton
Miriam Metzger
Betty Moore
Dorothy Moore
Geraldine Mow
Marian Nagy
Ethel Omundson
Elizabeth Orey
Hazel Peterson
Maryjane Peterson
Elfrieda Petzke
Eleanor Polman
Evelyn Pyclik
Lila Redman
Georgene Rhoades
Irene Savage
Irene Schultz
Donna Shindollar
Marjorie Smith
SOUTH
Norma Stanton
Bette Steffey
Arlene Strickland
Dorothy Swartz
Alda Tippy
Mary Jane Tollens
Helen Toth
Marie Tridle
Mardell Vance
Ann Vargo
Margaret Vermilyer
Michael Berta
Pearl Boggs
Otto Costello
John O. Dominick
Thomas H. Edmunds
John S. Elias
James C. Everett
Joshua Fields
George Garbin
Mary Gillis
Nancy Hamilton
John Hartman
Carl Resler
Clifford Hubbard
N. D. Jackman
L. E. Jacomet
Charles B. Jankowski
Paul M. Kenady
Raymond Krillenberger
R. T. Kroll
Henry Lakey
BEND LATHE WORKS
Jane Waggoner
Mary Walsh
Mary Wegh
Jean Wendt
Esther Wharton
Winifred Wilcox
Lillian Winslow
Alice Wittner
Ruth Zeiger
Cecilia Zonenberg
Appendix B
Helen Lane
Ray J. Lattimer
C. A. Lott
Otis H. Loy
Harold Martin
Jane McNeil
William Minges
John Oberle
Fred O'Blenis
Duncan O'Conor
Bert E. Olmstead
William N. Otolski
Lloyd Pieratt
P. M. Rudduck
Lloyd Shroff
Rozela Southworth
Stanley Thomas
Clarence Trowbridge
James Vance
C. W. Vogel
R. S. Young
567