Star Watch Case Co.

National Labor Relations Board - Board Decisions

May 23, 1945

61 N.L.R.B. 1389 (N.L.R.B. 1945)

In the Matter of STAR WATCH CASE COMPANY and INTERNATIONAL
UNION OF OFFICE WORKERS, A. F. L.
Case No. 7-B-1951.-Decided May 03,1945
Mr. K. B. Matthews, of Ludington, Mich., for the Company.
Mr. J. N. Cummings and Mrs. Verna Corrigan, of Detroit, Mich., for
the Union.
Mr. Nathan Saks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Office Work-
ers, A. F. L., herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Star Watch Case Company, Ludington, Michigan, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Max Rotenberg, Trial
Examiner. Said hearing was held at Ludington, Michigan, on March
15, 16, and 17, 1945. The Company and the Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, -and to introduce evidence bear-
ing 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
Star Watch Case Company is a Michigan corporation with its prin-
cipal office and place of business in Ludington, Michigan, where it is
engaged in the manufacture of watch cases, instrument cases, instru-
ments, and precision parts. During the calendar year 1944 it- pur-
chased raw materials valued in excess of $100,000, approximately 95
61 N. L. R. B., No. 224.
639678--45-vol. 61-89 1389
1390 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
percent of which was purchased from sources outside the State of
Michigan. During the same period the Company's total sales of fin-
ished or partially finished products exceeded $1,635,000 in value, ap-
proximately 90 percent of which represented shipments to points out-
side the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Office Workers, affiliated with the American
Federation of Labor, 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 its 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
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 seeks a unit of all office and clerical employees of the
Company at its business establishment in Ludington, Michigan, ex-
eluding those covered in the current contract between the Company
and Federal Labor Union 23010, A. F. L.,2 and all supervisory em-
ployees. The Company does not dispute the appropriateness of an
office and clerical unit, but contends that the exclusions therefrom
should be much broader than those desired by the Union. The dis-
puted categories of employees are treated below.
Employees whose exclusion is requested by the Company solely by
reason of their alleged confidential relationship to management
Private Secretary (Sales Department) : Although this employee is
stationed in the Sales Department and is designated as an employee
of that department, it appears that, inter alia, she is private secretary
' The Field Examiner reported that the Union submitted 22 application-for-membership
cards , that the names of 19 persons appearing on the cards were listed on the Company's
pay roll of February 9, 1945, which contained the names of 40 employees in the alleged
appropriate unit ; and that the cards were all dated January 1945.
2 The contract between the Company and Federal Labor Union 23010 , A. F. L, covers
the production workers and the office and clerical employees in the production departments.
STAR WATCH CASE COMPANY 1391
to the president of the Company, in which capacity she takes and
transcribes dictation on all his correspondence and inter-office com-
munications. The record indicates that some of this dictation has
involved matters pertaining to labor relations, such as employee griev-
ances and a proposed contract with the union representing the Com-
pany's production employees. Since she is in a position to acquire,
in the regular course of her duties, advance knowledge of the Com-
pany's position concerning confidential matters affecting the labor
relations of the Company, we find that she has a confidential relation-
ship to management. We shall exclude her from the unit.
Bookkeepers (Accounting Department) : These two employees do
the bookkeeping of the Company under the supervision of the chief
accountant. Although one of these employees is also the file clerk
of the office, and, as such, has access to all the files, it is clear that
she does no filing in the separate files maintained by the Company for
labor relations data. Moreover, it does not appear that either of
these employees works on, or has access to, confidential matters per-
taining to labor relations in the regular course of their bookkeeping
duties. In view of these facts, we are of the opinion that neither of
these employees occupies a confidential status with management. We
shall include tliem in the unit.
Pay-roll -Clerk (Accounting Department) : This employee makes
up the pay roll of the Company and keeps the group insurance records.
She-also prepares statistical pay-roll reports for the personnel man-
ager and the president of the Company. There is nothing in the rec-
ord to indicate that any of her work involves confidential matters per-
taining to labor relations. Accordingly, we shall include her in the
unit.
Private Secretary (Personnel Department) : While this employee
does a certain amount of routine clerical work, one of her chief duties
is to take dictation from the personnel manager. This dictation in-
cludes matters pertaining to the disposition of employee grievances.
Moreover, it appears that she has occasion in the regular course of her
duties to be present at conferences of the personnel manager and other
company executives relating to employee grievances. Since the du-
ties of this employee afford her an opportunity to obtain advance
knowledge of the Company's position regarding employee grievances,
we find that she is a confidential employee. We shall exclude her from
the unit.
Private Secretary -(Engineering Department) : This employee does
general stenographic work in the engineering department, which con-
sists for the most part of taking and transcribing dictation given to
her by the department head and the other men in the department.
She also takes dictation 1 day a week from the president of the Com-.
pany. However, none of this dictation involves matters pertaining
1392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to labor relations ; nor does it appear that her other duties are in any
way related to such matters. We find that she is not a confidential
employee, and we shall include her in the unit.
Private Secretaries (Purchasing Department) : These two employ-
ees do substantially the same type of work. They make up purchase
orders, follow up these orders with letters when necessary, check ma-
terials received against purchase orders, and do other similar work
connected with the purchase of materials. They also take dictation
from the purchasing agent and his assistant, but none of this dictation
relates to confidential matters pertaining to labor relations. These
employees do not occupy a confidential position with management.
We shall include them in the unit.
Pay-roll Clerks (Standards Department) : These three employees
compute the daily hours of work and the earnings of the production
employees from reports compiled by the checkers. These computa-
tions are then used to make up the amounts of the production employ-
ees' pay checks. After the checks are made out, one pay-roll clerk
compares the checks with the computations for errors. Their work
has nothing to do with confidential matters pertaining to, labor re-
lations. Accordingly, we shall include them in the unit.
Employees whose exclusion is requested by the Company by reason of
their alleged confidential relationship to management and their
alleged supervisory status
Assistant Chief (Sales Department) : This employee sorts finished
stock, allocates it to sales orders to be filled, and prepares invoices for
its shipment to customers . While to some extent he directs helpers,
he does not , in the course of his regular duties, have the authority
either to effect, or effectively recommend, changes in the status of any
employee. When the chief of the department is on vacation or ill,
this employee acts in his place with all the authority attached to that
position , apparently including the authority to effect changes in the
status of subordinate employees. However, it appears that the chief's
vacation consists of only 1 week a year, and this employee could re-
call only one -occasion when the chief was absent because of illness.
In view of the fact that he has no authority , in the course of his regu-
lar duties , to effect, or effectively recommend , changes in the status of
any employees , and since the record indicates that he does not act as
chief of the department with any regularity or frequency, we find
that this employee does not fall within our definition of a supervisory
employee3 It appears further that he does not receive or possess in-
formation relating to labor relations in the course of his regular duties,
8 See Matter of United States Smelting, Refining and Mining Company , 53 N. L. R. B. 84.
STAR WATCH CASE COMPANY 1393
and that he has had no occasion to receive or possess such information
as acting chief of the department. Accordingly, we find no merit to
the contention that he is a confidential employee. We shall include
him in the unit.
Expediter (Production Department) : This employee's chief duty
is to see that the various operations in the production departments
move from one department to another according to schedule. He con-
sults with the foremen from time to time to ascertain whether the
progress of the work is according to schedule, and when a change of
schedule is made, he informs the foremen of such change. There is no
evidence that he directs the work of any employee, or that he has the
authority either to effect, or effectively recommend, changes in the
status of any employee. While he does attend weekly meetings of
company executives and foremen, it appears that such meetings are
concerned only with production schedules and safety measures, and are
in no way related to confidential matters pertaining to labor relations.
Moreover, it does not appear that he has the authority to make com-
pany policy in respect to production schedules or safety measures.
In view of these facts, we find that this employee is neither confidential
nor supervisory within the meaning of our customary definitions.
We shall include him in the unit.4
Cost Estimator (Engineering Department) : This employee tabu-
lates estimates of manufacturing costs on new contracts. The mate-
rial costs are ascertained from the invoices; the labor costs are sup-
plied by the time-study department; and the indirect costs are taken
from prepared standards. He also prepares actual manufacturing
costs on a similar basis, and tool and die costs. His work does not in-
volve any confidential matters pertaining to labor relations. More-
over, he does not direct the work of any employee and does not have
authority to effect or effectively recommend changes in the status of
any employee. We shall include him in the unit.,'-
Time-Study Men (Standards -Department) : These two employees,
who work under the supervision of the-chief of the standards depart-
ment, time the various production operations and submit their findings
to him. The data are used as a basis for setting rates of pay for pro-
ductign workers. While most of the elements that make up their time
study are standardized, there are certain elements, such as the speed
of the operator, which lie solely within their discretion. Thus, the
independent judgment of these employees does have a direct bearing
on the rates of pay received by production employees. They also re-
time operations in cases where the' production employees involved
have filed grievances concerning their rates. Although they do not
' Cf Matter of Yale & Towne Manufacturing Company, 55 N. L. R. B. 66.
s See Matter of Radio Corporation of America, RCA Victor Division, 57 N. L R B. 1729.
1394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
actually participate in the hearing or settling of these grievances, and
although their findings on retiming of the rates involved in the griev-
ances are subject to the approval of the chief of the department, these
findings are often the-basis of the Company's disposition of the griev-
ances, and these employees are aware of their part therein. Thus,
these employees may be considered as having advance knowledge of
the Company's position on the disposition of grievances. In view of
I he independent judgment that they exercise in setting rates, and their
advance knowledge on disposition of grievances in connection with
their retiming duties, we find that these employees enjoy a confidential
status closely related to management. Accordingly, we shall exclude
them from the unit.°
Production Checkers (Standards Department) : These employees
record production figures which include the number of pieces and the
time worked by the production employees. They tabulate the data
on an "employee report sheet," recording also the appropriate rate of
pay for each operation as determined by the standards department.
The "report sheet" data are for the use of both the standards depart-
ment and the pay-roll, department. We are of the opinion that their
work is of a routine clerical nature, not involving the exercise of
managerial discretion to a degree which would identify them with
management. Moreover, the record indicates that they have no au-
thority to effect or effectively recommend a change in the status of
any employees, and also that their work does not involve any confi-
dential matters pertaining to labor relations. We shall include the
checkers in the unit.'
Head Checker (Standards Department) : This employee supervises
the work of the seven production checkers discussed above. While
her work does not involve any confidential matters pertaining to labor
relations, the record does indicate that she has the authority to, and
does, effectively recommend changes in the status of her subordinates.
Because of her supervisory status, we shall exclude her from the unit.
Employee whose exclusion is requested by the Company solely on the
ground of her alleged professional status
Nurse (Personnel Department) : The Company employs one reg-
istered nurse who takes care of all first aid for the employees of the
Company, physical examinations of new employees, and health rec-
ords of employees. Her work is clearly of a professional nature.
We have had occasion to recognize that the duties and interests of
nurses are dissimilar to those of office and clerical employees, and
o See Matter of Inland Steel Container Company, 56 N L R B 138
' See Matter of Swift and Company , 56 N. L . R. B. 147.
STAR WATCH CASE COMPANY 1395
accordingly, we have excluded nurses from a unit of office and clerical
employees." We shall exclude her from the unit.
Employees whose exclusion is requested by the Company on the
ground of their alleged confidential relationship to management,
their alleged supervisory status, and their alleged professional status
Assistant Engineers (EEngineering Department) : The Company
employs three assistant engineers in the engineering department,
namely, Hallberg, Heglund, and Clausen.
Hallberg's chief duty consists of assigning specifications as to di-
mensions, tolerances, and design of watch cases. This is done by con-
sulting certain prepared standards and a "movement register." When
operational difficulties arise regarding the assigned specifications, he
effects the necessary changes in the specifications. He also prepares
"travel tickets" which accompany each job, and which specify the
parts to be allocated to a particular lot of watch cases.
Heglund's chief duty is to determine the operations that are to be
used on each item. This is done by reference to prepared standards
and by consulting with the chief engineer. When necessary he modi-
fies the order or number of the operations. He also prepares "routing
sheets," which are instructions to the foremen in the production de-
partment on the operations to be used.
Clausen's chief duty is to determine, after consultation with the
chief engineer and after referring to prepared standards, the type of
materials to be used in the manufacture of a particular item. He also
assists Heglund and the cost estimator.
While these employees are not graduates of any engineering school,
their work does require the considerable technical knowledge which
they have acquired from long periods of employment with the com-
pany. While each of them does a certain amount of necessary clerical
work, most of their time is spent on work of a clearly technical nature.
In accordance with our usual practice of excluding technical em-
ployees from a unit of office and clerical workers when a contention
for such exclusion is made,9 we shall exclude the assistant engineers
from the unit.
We find that all office and clerical employees of the Company at its
business establishment in Ludington, Michigan, including the em-
ployees enumerated in Appendix A attached hereto, but excluding
the employees covered in the current contract between the Company
and Federal Labor Union 23010, A. F. L., the employees enumerated
in Appendix B attached hereto, and all or any other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
s See Matter of Boston Edison Company , 51 N. L R. B 118.
See Matter of Spicer Manufacturing Corporation , 55 N. L. R. B. 1491.
1396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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. TH DETERMINATION OF 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,
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 Star Watch Case
Company, Ludington, Michigan, 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 Seventh Region, acting in this matter
as agent for the National Labor Relations Board, and subject to'Ar-
ticle III, Sections 10 and 11, of said Rules and Regulations,,' mong 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 or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding 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 Interna-
tional Union of Office Workers, A. F. L., for the purposes of collective
bargaining.
MR. JOHN M. HOUSTON took no, part in the consideration of the
above Decision and Direction of Election.
STAR WATCH CASE COMPANY
Accounting Department
Bookkeeper (2)
Pay-roll Clerk
Engineering Department
Private Secretary
Cost Estimator
Purchasing Department
Private Secretaries (2)
Sales Department
Private Secretary
Personnel Department
Private Secretary
Nurse
APPENDIX A
Standards Department
Pay-roll Clerks (3)
(Production Checkers
Sales Department
Assistant Chief
Production Department
Expediter
APPENDIX B
(7)
Standards Department
Time-Study Men (2)
Head Checker
Engineering Department
Assistant Engineers (3)
1397