Syracuse Chilled Plow Co., Inc.

National Labor Relations Board - Board Decisions

Apr 25, 1945

61 N.L.R.B. 717 (N.L.R.B. 1945)

in the Matter Of SYRACUSE CHILLED PLOW CO., INC., and UNITED FARM
EQUIPMENT & METAL WORKERS OF AMERICA, CIO
Case No. 3-R 935.Decided April 25, 1945
Mr. Eugene von Wellslzeim, for the Board.
Fraser Bros., by Mr. Henry S. Fraser, of Syracuse, N. Y., for the
Company.
Mr. Sidney H. Greenberg, of Syracuse, N. Y., and Mr. Peter Aversa,
of Auburn, N. Y., for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Farm Equipment &
Metal Workers of America, CIO, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentatiton of employees of Syracuse Chilled Plow Co., Inc., Syracuse,
New York, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Francis X. Helgesen, Trial Examiner. Said hearing was held on
March 5, 1945, at Syracuse, New York. The Company and the Union
appeared and participated. All parties were afforded full opportu-
nity to be heard, to examine and cross-examine witnesses and to intro-
duce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. The Company's niotion to dismiss is denied for reasons
hereinafter stated. 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
I. THE BUSINESS OF THE COMPANY
Syracuse Chilled Plow Co., Inc., a New York corporation, has its
principal office and place of business at Syracuse, New York, where it
is engaged in the manufacture of various types of farm implements.
61 N. L. R. B., No. 115.
639678-45-vol 61-47 717
718 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the calendar year 1944, the Company used at its Syracuse, New
York, plant, raw materials valued in excess of $400,000, of which more
than 50 percent represented shipments made to the Company's plant
from points outside the State of New York. During the same period,
the Company manufactured at its said plant, finished products valued
in excess of $600,000, of which more than 60 percent was shipped to
points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Farm Equipment & Metal Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated January 20, 1945, the Union notified the Company
that it represented a majority of its employees and requested a con-
ference for the purpose of negotiating an agreement. The Company
declined to bargain with the Union unless and until certified by the
Board.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found ap-
propriate."
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. TIIE APPROPRIATE UNIT
The parties are in substantial agreement that the appropriate unit
should consist of all production and maintenance employees, includ-
' The Trial Examiner reported that the Union had submitted 99 authorization cards,
of which 40 were dated January 1945, and 59 undated, from a total of approximately 200
employees within the claimed appropriate unit.
Upon the grounds that the report of the Trial Examiner was hearsay and that no
opportunity had been afforded it to cross -examine the Field Examiner with respect to the
authorization cards aforesaid , the Company objected to the admission into evidence of the
Field Examiner ' s report and subsequently moved to dismiss - the Union's petition In sup
port of its objection and motion to dismiss , the Company contends that the admission into
evidence of the Field Examiner ' s report on authorizations without affording the Company
an opportunity to inspect the authorization cards or cross-examine the Field Examiner
with respect thereto, is a denial of due process of law as guaranteed by the Fifth Amend-
ment to the Constitution . We find no merit in this contention "As we have frequently
stated, the report of a Board agent with respect to a claim of authorization for the purposes
of representation is taken , not as proof of the precise number of employees who desire to
be represented by a labor organization, but rather to protect the Company and the Board
from unfounded claims by such organizations and to give reasonable assurance that a
substantial number of employees desire to be represented " Matter of Amos-Thompson
Corporation, 48 N. L R B 423-425 (footnote ). See also Matter of Seneca Falls Machine
Company, 58 N. L. R B. 1413 ; Matter of United Aircraft Corporation , Pratt t Whitney
Aircraft Division ( East Hartford and Packard Plants ), 60 N. L . R. B. 190.
SYRACUSE CHILLED PLOW CO.,, INC. 719
ing factory clerical employees in the forge, foundry, and shipping
departments, but excluding office clerical employees, militarized
guards, part-time employees, power engineers, superintendents, fore-
men, assistant foremen, and all other supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action. The parties disagree as to the following specific categories :
Temporary employees: The Company employed as of the date of
the hearing four men classified as temporary employees. These men
are local farmers hired by the Company since the conclusion of the
last growing season and who, pursuant to an agreement by the Com-
pany with the United States Employment Service and the Local
Selective Service Board, are required to leave the Company's employ
and return to their regular farm work not later than April 1, 1945.
The evidence indicates that at the time they leave they will be given
permanent releases from the Company without expectation of future
reemployment. The Union contends that such employees should be
included within the unit while the Company urges that they be ex-
cluded therefrom. Since it appears that these employees have little
prospect of continued employment by the Company, we find that their
interest is insufficient to warrant including them within the unit for
the purposes of collective bargaining.2 Accordingly, we shall exclude
them from the appropriate unit.
Jamaicans and Barbadians : The employees thus referred to ap-
parently occupy the same or similar status from the point of view of
their employment by the Company. The Company presently con-
tends that they should be excluded from the unit. While the Union
would include these employees, it does not press its contention 3 Jamai-
cans and Barbadians are employees whose employment with the Com-
pany is definitely limited to a period of 90 days under a passport
arrangement between the Governments of the United States and Great
Britain. Their wages, hours of work, and general conditions of em-
ployment' are fixed by individual contracts, approved by their Govern-
ment and executed by and between each employee, the Company, and
an agent of War Manpower Commission representing the United
States Government. Under the circumstances, we find that Jamai-
cans and Barbadians are employees without substantial interests in
collective bargaining. We shall, accordingly, exclude them from the
appropriate unit.
2 See Matter of Columbus f Southern Ohio Electric Company, 57 N. L. R. B 1540
3 At the hearing , the parties agreed that Jamaicans should be excluded from the unit
and subsequent thereto, signed a stipulation providing for the exclusion of both Jamaicans
and Barbadians from the unit . The Union thereafter requested that it be released from
the stipulation but later withdrew its request ; however, at the same time it reiterated its
belief that the Jamaicans and Barbadians are more properly included in the unit.
720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Watchmen: The Company employes five watchmen. The Union
seeks their inclusion while the Company asks that they be excluded
from the appropriate unit upon the ground that they perform a
function directly related to management. The record discloses that
none of the watchmen herein concerned are militarized, deputized,
armed or uniformed; that all perform the usual duties of watchmen
and are paid on an hourly basis. Following our usual practice under
such circumstances, we shall include the watchmen aforesaid within the
unit hereinafter found appropriate.4
Group leaders: The three employees referred to under this title,
while not formally classified as group leaders, are regarded as such
by the Company by reason of their responsibilities with respect to
maintaining production in their respective departments. The Union
seeks their inclusion while the Company urges that they be excluded
from the unit as supervisory employees. In view of the fact that they
have varying duties and apparently different degrees of supervisory
authority, each of the three individuals herein concerned will be con-
sidered separately for the purpose of determining whether or not they
have substantial supervisory authority.
Gene Barnaba, the shaker in the foundry who acts as leader for
approximately eight employees on the night shift, has been in the
Company's employ for about 23 years and is considered to be one of
the most skilled employees in the foundry, having in addition to the
task of instructing new employees, the sole responsibility with respect
to the operation of a complicated piece of machinery known as a sand
cutting machine. While in his position as leader on the night shift,
Barnaba apparently gives only routine instructions left by the foreman
to be relayed to other foundry employees, the evidence is undisputed
to the effect that he would report, to the foreman the next day the
failure on the part of any new employee to do his work properly.
Moreover, it appears that any complaints or grievances of employees
that require immediate attention during the night shift are presented
to Barnaba in the absence of the foreman of the department. Since in
addition to his authority to report on the work performed by other
employees, it appears that Barnaba is the only person in authority on
the night shift during which he is charged with the sole responsibility
for the conduct of operations and the handling of the Company's labor
relations in connection with grievances and complaints of employees,
we find that he has substantial supervisory authority in respect to the
employees herein concerned.5 Accordingly, we shall exclude him
from the unit.
' See Matter of Pass and Seymour, Inc , 51 N. L R B. 1430; Matter of Peterson & Lytle,
60 N. L. R. B. 1070.
S See Matter of The Midvale Company, 57 N. L. R B. 1359; Matter of Dallas Power &
Light Company, 60 N. L R B. 1088.
SYRACUSE CHILLED PLOW CO., INC. 721
Otto Herman, referred to as the discount man on the day shift, is
primarily an inspector who classifies defects in castings as the fault of
either the Company or the employees concerned therewith. The record
reveals that Herman has authority to make recommendations to the
general foreman regarding changes of status for the five employees in
his group ; that he may, in an emergency, transfer employees from one
job to another; and that he would report to the foreman if any man
was not performing his work satisfactorily. It also appears that Her-
man has recently made at least one effective recommendation with
respect to an employee who was removed from the cleaning room upon
the former's recommendation and against the wishes of the transferred
employee. Under the circumstances, we find that Herman is a super-
visory employee within the meaning of our usual definition. We shall
exclude him from the unit.
Luke Skinner, otherwise known as the export shipper, is in charge
of and works with a group of 4 to 10 employees engaged in the packing
and crating of finished products for shipment. While there is evidence
to the effect that Skinner directs the employees with whom he works,
the record does not establish that he is a supervisory employee within
the meaning of our usual definition. Upon the entire record, we find
that Skinner is essentially an ordinary shipping employee without
supervisory authority.'
The factory clerk fire inspector: While both parties agree to the
inclusion of ordinary factory clerks in accordance with the Board's
usual policy in this respect,' the parties are at issue regarding a single
individual classified as a factory clerk who is engaged in making fire
inspections throughout the plant and doing clerical work connected
with that of the main office. The Union urges that this employee be
excluded from the unit, while the Company contends that all employees
in the classification of factory clerk should be included without dis-
tinction. The record reveals, however, that the factory clerk herein
concerned does not work under the foremen in the factory and that the
clerical duties he performs have to do with general office work. We
shall exclude him from the unit hereinafter found appropriate s
We find that all production and maintenance employees of the Com-
pany at it's Syracuse, New York, plant, including watchmen, the export
shipper, and factory clerical employees in the forge, foundry, and
shipping departments, but excluding temporary employees, part-time
6 See Matter of Fairbanks Morse and Co , 40 N L R B . 455 See also Matter of The
Hoosser Crown Corporation . 51 N L R B. 1353
See Matter of Goodman Manufacturing Company, 58 N L R. B 531 ; Matter of J S
Abeicrombie Company, 58 N L. R. B 1013 , Matter of Kearney d Trecker Corporation,
60 N L R B 148, Matter of Douglas Aircraft Company, Inc, 60 N L R B 876.
8 See Matter of Columbus d Southern Ohio Electric Co , 57 N L . R B 1540
722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees, Jamaicans and' Barbadians, the shaker leader in the
foundry, the discount man, the factory clerk fire inspector, office cleri-
cal employees, militarized guards, power engineers, superintendents,
foremen, assistant foremen, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective bar-
gaining, 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 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 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 Syracuse Chilled
Plow Co., Inc., Syracuse, New York, 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 Third 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 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 tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding any 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 Farm Equipment & Metal Workers of America, CIO, for the
purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.