Superior Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 25, 1946

69 N.L.R.B. 915 (N.L.R.B. 1946)

In the Matter of SUPERIOR MANUFACTURING Co. and INTERNATIONAL
BROTHERHOOD OF BOILER MAKERS, IRON SHIP BUILDERS & HELPERS
OF AMERICA, LOCAL 531, AFL
Case No. 16-R-1700.-Decided July 25, 1946
Mr. Robert E. Clements, of Amarillo, Tex., for the Company.,
Mr. Clarence C. Real, of Houston, Tex., for the Union.
Mr. Seymour M. Alpert, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TILE CASE
Upon an amended petition duly filed by International Brother-
hood of Boiler Makers, Iron Ship Builders & Helpers of America,
Local 531, AFL, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Superior Manufacturing Co., Amarillo, Texas, herein
called the Company,' the National Labor Relations Board provided
for an appropriate hearing upon due notice before Glenn L. Moller,
Trial Examiner. The hearing was held at Amarillo, Texas, on May
21, 1946. 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
Superior Manufacturing Co., a Texas corporation, with its plant
and offices located at Amarillo, Texas, is engaged in the fabrication
1 The names of the Company and the Union appear as amended at the hearing.
69 N. L . R. B., No. 109.
915
916 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of various steel products. The Company annually purchases raw
materials valued in excess of $100,000, all of which come from sources
outside the State of Texas. It ships approximately 50 percent of
its furnished products, valued in excess of $100,000 annually, to points
outside the State.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. TIIE ORGANIZATION INVOLVED
International Brotherhood of Boiler Makers, Iron Ship Builders
Helpers of America, Local 531, is a labor organization affiliated
with the American Federation of Labor, 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 any of its employees until the
Union has been certified by the Board in an appropriate unit.
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 parties agree that the appropriate unit should consist of all
production and maintenance employees of the Company, including
truck drivers and the janitor, but excluding the purchasing agent,
salesman, draftsmen, and all supervisory employees.2 There is, how-
ever, some question as to the inclusion in or exclusion from the unit
of employees Claude Jay, W. W. Wood, W. I. Wood, Orr, and Pickett.
The Company desires a Board determination as to the supervisory
status of the first four individuals and takes no position with respect
to Pickett. The Union requests the inclusion of all except Orr and
Pickett, whom it would exclude on the ground that they are not em-
ployees of the Company.
Claude Jay, W. W. Wood, and W. I. Wood: Jay, who is classified
as a machinist, spends nearly all his time in actual maintenance work.
He is assisted by three helpers for whose work he is responsible. He
is paid on an hourly basis at a rate which is no higher than that of other
employees included in the unit. Although the president-manager
testified that he would give considerable weight to recommendations
2 Excluded in this category are the plant superintendent, shop foreman , and night
foreman.
SUPERIOR MANUFACTURING CO. 917
made by Jay concerning his helpers, no such recommendations have
ever been submitted.
W. W. Wood is classified as a burner and, like Jay, his hourly pay
rate is no greater than that of other employees in the unit. During the
course of his work, which consists of cutting, burning, and rolling
materials, Wood is assisted by three helpers. On one occasion, he
recommended a pay raise for his helpers, and this recommendation
was followed. However, it appears that W. W. Wood does not make
a practice of making such recommendations, and generally does not
have the power to do so.
W. I. Wood., who is classified as a welder, handles various phases of
heat exchanger work. Most of the time he is assisted by three or four
helpers for whose work he is responsible. Although he has on one
occasion effectively recommended the transfer of one of his helpers,
it does not appear that he generally has the authority to make effective
recommendations affecting their status. W. I. Wood's rate of pay is
generally similar to that of Jay and W. W. Wood, and of many other
welders who are included in the unit. On occasion, he goes into the
field to work on equipment and receives an additional 25 cents per hour.
On these field trips he takes three or four helpers along with him and
is classified as a foreman. However, it appears that he has had no such
assignments within the past 6 months, and the Company is unable to
estimate the extent of such field work in the future. Moreover, despite
the interim change in classification on such trips, he nevertheless con-
tinues to work along with his helpers with no appreciable increase
in authority over them.
It is apparent from the foregoing that in relation to their subor-
dinates these three employees occupy roles comparable to that of
skilled mechanics in relation to their helpers, and that they do not
possess sufficient indicia of authority to be deemed supervisory em-
ployees within the Board's customary definition of that term.3 We
shall, therefore, include them in the unit as production and main-
tenance employees.
Pickett and Orr: As noted previously, the Company takes no posi-
tion as to the inclusion or exclusion of Pickett, and desires a Board
determination as to Orr's supervisory status; the Union would ex-
clude both of them on the ground.that they are not employees of the
Company.
The Company has an arrangement with the Lawrence Warehouse
Company for the use of storage space at the latter's warehouse. This
arrangement requires, in part, that the Company provide a warehouse
3 Matter of Endicott -Johnson Corporation , 67 N. L. R. B. 1342; Matter of Proctor &
Gamble Manufacturing Company, 62 N. L. R. B. 1262.
918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manager and an assistant warehouse manager to handle its business
at the warehouse. Pickett and Orr have been designated by the Com-
pany as warehouse manager and assistant warehouse manager, respec-
tively. Although Pickett and Orr are not carried on the Company's
pay roll, but are paid by the Lawrence Warehouse Company, it is
evident that this is purely a bookkeeping arrangement. The Company
hires them, completely controls their wages, hours, and other condi-
tions of employment and, in effect, pays their wages by reimbursing
the warehousing company. It is thus apparent that they are employees
of the Company.
It is likewise evident that despite their titles, neither Pickett nor
Orr has supervisory status within the Board's definition of that term.
Pickett has no authority over Orr who works at the warehouse only
when Pickett is absent; nor does Pickett have any subordinates. Al-
though Pickett is not stationed at the plant proper, he has frequent
contact with other employees of the Company when they come to the
warehouse to pick up and deliver steel products . As stated above,
Orr works at the warehouse only when Pickett is unavailable. He
works unassisted on those occasions . His regular work is that of truck
driver. In addition , when he is not functioning as a truck driver,
he acts as dispatcher for the Company's other two truck drivers. In
such instances, his authority is limited to "laying out" the trips of
the other`"truck drivers, and he does not possess the power to effect
a change in their status or effectively recommend such action.
Accordingly , inasmuch as neither Pickett nor Orr possesses super-
visory authority , and inasmuch as the interests of both these company
employees are closely allied with other employees in the unit, we
shall include them in the unit as a warehouseman and truck driver,
respectively.
We find that all production and maintenance employees of the Com-
pany, including the janitor, warehouseman, and truck drivers, but
excluding the purchasing agent, salesman , draftsmen , clerical em-
ployees, and all supervisory employees with authority to hire, promote,
discharge , discipline , or otherwise effect changes in the status of em-
ployees, or effectively recommend such action , constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
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.
SUPERIOR MANUFACTURING CO.
DIRECTION OF ELECTION
919
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 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 Superior Manu-
facturing Co., Amarillo, Texas , 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 Sixteenth 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 Regulations , among em-
ployees 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 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 Inter-
national Brotherhood of Boiler Makers, Iron Ship Builders & Helpers
,of America , Local 531, AFL, for the purposes of collective bargaining.
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