Standard Nut and Bolt Co.

National Labor Relations Board - Board Decisions

Feb 19, 1945

60 N.L.R.B. 771 (N.L.R.B. 1945)

In the Matter Of STANDARD NUT AND BOLT COMPANY and UNITED ELEC-
TRICAL, RADIO AND MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 1-R--216.Decided February 19, 191;5
Mr. Isadore Paisner, of Providence, R. I., for the Company.
Mr. Antonio DiPinto, of Providence, R. I., for the Union.
Miss Ruth, E. Blie field, of counsel-to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio and Machine
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of, employees of Standard Nut and Bolt Company, Valley Falls, Rhode
Island, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Robert E. Greene, Trial Examiner. Said hearing was held at Provi-
dence, Rhode Island, on January 16, 1945., 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:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Standard Nut and Bolt Company is a Rhode Island corporation, in-
corporated in 1907, and is engaged in the manufacture, sale, and dis-
tribution of nuts and bolts. The Company purchases raw materials
consisting principally of ferrous and non-ferrous metals, valued at-
more than $750,000 annually, all of which are shipped from points
60 N. L. R. B, No 132.
771
772 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
outside the State of Rhode Island. The Company's finished products
are valued in excess of $1,000,000 annually. Approximately 75 per-
cent of the finished products is shipped to points outside the State of
Rhode Island.
The Company admits that it is engaged in-'commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio and Machine Workers of America, affil-
iated with the Congress of Industrial Organizations, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 7, 1944, the Union requested recognition as the exclu-
sive bargaining representative of the Company's employees. The
Company has, however, refused to grant such recognition 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
employees 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 contends that all production and maintenance employees,
including working supervisors, utility men, leadmen, and watchmen,'-
but excluding factory clerks, timekeepers, executives, foremen, and
office employees 3 comprise an appropriate unit. The Company would,
however, exclude working supervisors, or subforemen, and one
Ferreira.
The Company contends that Ferreira is a clerical worker, and
should be excluded, while the Union desires his inclusion as a produc-
tion worker. It appears that Ferreira, during his regular working
periods, records work as it is weighed, from which records the time
and pay on the particular job are prepared. He sits at a desk near the
scales, and is not responsible to any production foreman, but reports
1 The Field Examiner reported that the Union submitted 125 membership cards ; that
there, are 181 employees in the appropriate unit ; and that 6 cards were dated November
1944 , and 119 cards were dated December 1944.
Y Utility men , leadmen, and watchmen were included in the unit by stipulation of the
parties. The watchmen employed by the Company are not uniformed , deputized, or
militarized
3 The unit as originally petitioned for included factory clerks and timekeepers, but was
amended at the hearing , without objection , to exclude these employees.
STANDARD NUT AND BOLT COMPANY 773
directly to the factory manager. It was testified that he also works
a great deal of overtime and during such overtime periods he prepares
orders, does special jobs, and works on machines. However, since he is
under office supervision and his work during his regular working
periods is clerical, it would appear that his interests are allied with
those of the clerical employees and timekeepers, whom the parties
agreed to exclude from the unit. We shall therefore exclude Ferreira
from the unit as a clerk.
The Union contends that the subforemen in the production and ship-
ping departments should be' included in the unit, while the Company
desires their exclusion as supervisory employees. It was testified that
the subforemen are responsible for the work of the employees in the
groups over which they have charge. They allocate the work to the
individuals in their groups, and check on their performance. The sub-
foremen can recommend the'discharge or discipline of the employees in
their groups, and their recommendations are given serious considera-
tion. Subforemen receive higher pay than any employee in their
groups. The number of employees in each subforeman's group varies
considerably, but this appears to be due to the fact that the Company is
engaged in a custom business which involves large numbers of orders
for "few of a kind" articles manufactured under close supervision.
The amount of time spent by each subforeman in supervisory work
differs in each case, but it appears that all the subforemen spend a
substantial portion of their working time in overseeing the work of
other employees.
There is some question as to the supervisory status of one Labounty,
who is classified as a subforeman in the shipping department. The
testimony regarding him was contradictory, but it appears that he
works on local shipping orders, and has one full-time and one part-
time employee working with him. The full-time employee testified
that he is not aware that Labounty is his supervisor, and that there
is only a 1 cent an hour differential in their wages. Labounty does
not issue orders to him, and apparently does not exercise any super-
visory powers. We find that Labounty is not a supervisory employee.
He is, therefore, included within the unit hereinafter found appro-
priate. We find that the other subforemen in the production and
shipping departments are supervisory employees within our usual
definition and we shall exclude them from the appropriate unit.
It was stipulated by the parties that M. Gavelick, who is listed on
the pay roll of the Company as a foreman, does not exercise any
supervisory powers and should therefore be included in the unit.
This employee is the only worker in the heat treating department and
does not exercise any supervision over any employees. We shall in-
clude him in the appropriate unit, in accordance with the stipulation
of the parties.
774 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees, including
utility men, leadmen, watchmen, and the heat treating department
employee, but excluding factory clerks, timekeepers, office employees,
foremen, executives, and all other supervisory employees with author-
ity to hire; promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act. -
V. THE DETERMINATION OF REPRESENTATIVES
The Company employs certain part-time production and mainte-
nance workers. They are mostly high school students who are given
regular schedules of work, and are considered regular part-time em-
ployees by the Company. They admittedly perform the same types
of duties as those performed by the prod action employees. In accord-
ance with our usual practice, we find that all part-time employees regu-
larly employed .,by the Company, are eligible to vote in - the election
directed herein.4
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, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 Standard Nut
and Bolt Company, Valley Falls, Rhode Island, 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 First 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 Regula-
tions, among the 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
+ See Matter of Wagner Folding Box Corporation, 49 N. L. R. B. 346; Matter of New Idea,
Inc, 49 N L R. B 619.
STANDARD NUT AND BOLT COMPANY 775
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 any 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
Electrical, Radio and Machine Workers of America, affiliated with
the C. I. 0., for the purposes of collective bargaining.