The Adams & Westlake Co.

National Labor Relations Board - Board Decisions

Feb 17, 1947

72 N.L.R.B. 726 (N.L.R.B. 1947)

In the Matter of THE ADAMS & WESTLAKE COMPANY, EMPLOYER and
INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 103,
PETITIONER
In the Matter of THE ADAMS & WESTLAKE COMPANY, EMPLOYER and
ASSOCIATED UNIONS OF AMERICA, OFFICE AND PROFESSIONAL WORKERS
LOCAL 55, PETITIONER
Cases Nos. 13-R-3649 and 13-R-3679, respectively.Decided Feb-
ruary 17, 1947
Mr. Verne G. Cawley, of Elkhart, Ind., for the Employer.
Mr. J. J. Denny, of Chicago, Ill., for the IAM.
Mr. Donald F. Cameron, of Milwaukee, Wis., for the AUA.
Mr. Robert J. Freehling, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, a consolidated hearing in these
cases was held at Elkhart, Indiana, on July 31 and August 1, 1946,
before Sidney Grossman, hearing officer. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Adams & Westlake Company, an Illinois corporation, is en-
gaged principally in the manufacture of railroad and other transpor-
tation equipment specialties at its plant located in Elkhart, Indiana.
During the 12-month period ending June 30, 1946, the Employer
purchased materials valued in excess of $1,000,000, of which approxi-
mately 75 percent represented shipments from sources outside the
State of Indiana. During the same period, the Employer sold fin-
ished products valued in excess of $3,000,000, of which more than 90
percent represented shipments to customers outside the State.
72 N. L. R. B., No. 132.
726
THE ADAMS & WESTLAKE COMPANY 727
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED'
International Associatioli of Machinists, District No. 103, herein
called the TAM, is a labor organization claiming to represent em-
ployees of the Employer.
Associated Unions of America, Office and Professional Workers Lo-
cal 55, herein called the AUA, is a labor organization claiming to
represent employees of the Employer.'
III. THE QUESTIONS CONCERNING REPRESENTATION
The Employer refuses to recognize either the TAM or the AUA as
the exclusive bargaining representative of employees of the Employer
in the absence of Board certification.
We find that questions affecting commerce have arisen concerning
the representation of employees of the Employer within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.'
IV. THE APPROPRIATE UNITS
The AUA and the Employer seek a unit consisting in general of all
main office employees at the Employer's Elkhart, Indiana, plant, in-
cluding office and clerical workers and engineering and drafting de-
partment employees, but excluding supervisors. The TAM opposes
the inclusion in the requested unit of the draftsmen and tool designers
in the engineering and drafting department and seeks a separate unit
of these employees.
There has been no prior history of collective bargaining with respect
to the employees involved herein .4 The Employer's main office is con-
fined to a single room on the second floor of the main factory building
and consists of employees of various departments, including engineer-
ing and drafting, financial and accounting, cost, sales, purchasing,
office production, and estimating. The engineering and drafting de-
partment employees occupy the north end of this room and, with
minor exceptions, are separated from the remaining main office work-
United Steelworkers of America , CIO, has disclaimed any interest in the present case.
The name of the Employer as well as that of the AUA appears herein as amended at
the hearing
8 At the hearing, the IAM waived any right to object to any elections which may be
held in the instant proceeding on the basis of any of the acts alleged as unfair labor prac-
tices in Case No 13-C-2911.
"The present collective bargaining agreement in effect between the Employer and AUA
Metal Fabi icators Local No. 39, affiliated with Associated Unions of America, covers all
hourly paid production and maintenance employees , except office employees , foremen and
assistant foremen , supervisors , timekeepers , chasers , draftsmen and engineers , monthly
salaried inspectors , rate setters, and personnel men "
728 DECISIONS OF NATIO;,TAL LABOR RELATIONS BOARD
ers by a low railing.' It appears that all main office employees are
generally subject to the same conditions of employment; that close
operating contact is maintained between the office and clerical workers
and the engineering and drafting department employees; and that
some clerical workers, such as order interpreters and sales correspond-
ents, have been recruited from the engineering and drafting depart-
ment. However, it further appears, in general, that the engineering
and drafting department employees work under separate supervision;
that they receive a higher rate of pay than the routine clerical work-
ers; and that they are normally required to possess technical ability
and training, and at least a high school education, including courses
in higher mathematics.
Although we have included technical employees within a unit con-
taining office and clerical workers, absent contentions to the contrary,(,
we have frequently recognized the differences in interests, back-
grounds, and functions between the two groups, and our general policy
has been to place the employees comprising these groups in separate
units.' We are not persuaded that the facts in the instant case war-
rant a departure from our customary practice and, accordingly, in
view of the IAM's objection to a single unit of all main office em-
ployees, we shall establish two separate units, one composed of
technical employees, and the other of office and clerical workers.
We shall discuss below the classifications of employees concerning
whose status the parties are in further disagreement.
Technical Unit
The IAM requests a unit confined to the Employer's approximately
16 draftsmen and tool designers. The AUA and the Employer urge,
however, that, in the event the Board establishes a technical unit,
such unit should embrace all non-supervisory employees in the engi-
neering and drafting department, including, in addition to the drafts-
men and tool designers, the following classifications :
Bill of material writers: The Employer's three bill of material
writers" are engaged in preparing bills of material, which are lists
determining the quantities of materials to be used in filling particular
orders as well as the routing of such materials to the departments con-
cerned. The information requisite for such lists is obtained by these
6 The desks of the assistant chief engineer and the project engineer, admittedly super-
visory employees, and of the tool engineer, are located immediately Outside the iailing.
See Matter of Consolidated Vallee Aircraft Corporation (San Diego Division), 54
N L R B 103
T Matter of Wagner Electric Corporation, 67 N L R B 1104; Matter of American Cenr
tral Manufacturing Corporation, 65 N L R B 342, Matter of Pacific Punips, Inc, 64
N L R B 129, and Matter of Westinghouse Electric Manufacturing Company, 62 N L.
R B 137.
8 This classification, as used herein, includes the bill of material writers and the bill of
material writer and cost interpreter, whose duties are substantially coordinate.
THE ADAMS & WESTLAKE COMPANY 729
employees from the customers' orders and from drawings prepared
by the Employer's draftsmen.
The bill of material writers receive approximately the same pay and
work under the same supervision as the draftsmen, and, in addition,
are usually required to possess comparable skill and training. More-
over, in the performance of their duties, the bill of material writers
frequently consult with the draftsmen. It is apparent from the fore-
going that the interests of the bill of material writers are closely
identified with those of the other technical employees and we shall,
therefore, include them in the technical unit.
Bill o f material typist, and file clerk and blueprint machine operator:
The Employer has one bill of material typist and one file clerk and
blueprint machine operator. The former types and duplicates the
bills of material. The latter operates the blueprint machine, delivers
blueprints to'the shop, and maintains necessary records and files with
respect to tracings and blueprints. Neither employee is required to
have any technical training or experience, and their wages are similar
to those of the clerical employees. Inasmuch as their work is essen-
tially clerical in nature, we are of the opinion that the bill of material
typist and the file clerk and blueprint machine operator have a greater
community of interest with the office and clerical workers than with
the technical employees. Accordingly, we shall exclude them from
the technical unit and include them in the office and clerical unit
discussed below.'
Tool engineer: This employee prepares orders for tools and patterns
based on the drawings submitted by the Employer's draftsmen. He
possesses ability similar to that of the tool designers and experienced
draftsmen, has had equivalent training, receives comparable wages,
and works under the same supervision. It is clear that the interests of
the tool engineer are akin to those of the other technical employees
and we shall, therefore, include him in the. technical unit.
Checkers: The IAM would exclude three employees engaged prin-
cipally as checkers, on the ground that they exercise supervisory
authority.10 These checkers, who are employees of relatively long
standing with the Employer, assign work to, and instruct groups of,
approximately three to eight employees, including draftsmen and bill
of material writers. The projects performed under their guidance
are submitted to the project engineer or assistant chief engineer for
approval. The record indicates that the checkers have no authority
to hire, discharge, or change the status of any employee, or effectively
Matter of Westvaco Chlorine Products Corporation, 63 N L R B 763.
10 These employees are Brenneman and Sneai ly, who are classified by the Employer as
checkers, and Burmeister, who is designated as a draftsman but spends approximately 75
percent of his time serving in the capacity of a checker It may be noted in this connection
that the TAM does not seek to exclude another employee, Christner, whose employment
status is virtually identical to that of Burmeister
730 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to recommend such action. In view of the foregoing, and based upon
the entire record, we are of the opinion that the checkers fail to
exercise supervisory authority within the Board's customary defini-
tion of that term and, accordingly, we shall include them in the
technical unit."
Office and Clerical Unit
With respect to the office and clerical unit, the AUA and the Em-
ployer agree that the timekeepers should be included in this unit,12
and that the secretary to the president and the personnel department
employees should be excluded therefrom.13 However, these parties
are in disagreement as to the following classifications of employees
whom the AUA would include in, and the Employer would exclude
from, the Unit: 14
Time-study employees: The Employer's approximately four time-
study men are employed in the factory making time and motion an-
alyses of production and maintenance operations. Although their
conditions of employment are, in some respects, similar to those of
the main office employees, it appears that the time-study men punch
a factory time clock; that they work the same number of hours as the
factory employees; and that they are supervised by the personnel
manager who, in turn, is directly responsible to the plant superin-
tendent. It further appears that there is no interchange between the
time-study men and the main office employees. Under the circum-
stances, we are of the opinion that the interests of the time-study em-
ployees are diverse from those of the other office and clerical work-
ers and we shall, therefore, exclude them from the office and clerical
unit.1B
Assistant to the comptroller: The Employer would apparently ex-
clude this individual, an employee in the financial and accounting
department, as either a supervisory, confidential, or managerial em-
ployee. The assistant to the comptroller performs work of an ac-
counting and statistical nature under the immediate supervision of
the comptroller, and of the treasurer. Although in the course of his
work he handles confidential statistics relating to the Employer's
commercial operations, such information does not directly pertain to
" Matter of Federal Shipbuilding & Drydoek Company , 55 N. L. R . B 620 ; cf. Matter
of Boston Edison Company , 51 N. L . R. B. 118.
32 The timekeepers are part of the financial and accounting department and work in the
factory under main office supervision We shall include them in the office and clerical unit.
Matter of Emerson Phonograph and Radio Corporation, 71 N L R B 1321
is These individuals are admittedly confidential employees within the Board's definition
and we shall exclude them from the office and clerical unit
14 At the hearing , the IAM's representative stated that it did not desire to participate in
the election conducted among the office and clerical workers and , therefore , it took no posi-
tion as to the employees in issue in this unit.
15 Cf Matter of S T . Johnson Company, 67 N. L . R. B. 1330, and Matter of Gould &
Eberhardt Co., 66 N. L. R. B. 1326.
THE ADAMS & WESTLAKE COMPANY 731
labor relations matters. He ordinarily has no subordinates; however,
he serves in the capacity of the comptroller, the head of the depart-
ment, during the latter's absences caused by illnesses or vacations.
Inasmuch as he substitutes for the comptroller on only infrequent and
sporadic occasions, and in view of the nature of his duties, we are of
the opinion, contrary to the position of the Employer, that the as-
sistant to the comptroller is neither supervisory, confidential, nor
managerial within the Board's definitions of those terms,16 and we
shall include him in the office and clerical unit.
We find that the following separate units at the Employer's Elk-
hart, Indiana, plant, are appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act:
(1) All employees in the engineering and drafting department,
including the tool engineer, bill of material writers, and checkers,
but excluding the file clerk and blueprint machine operator, bill of ,
material typist, chief engineer, assistant chief engineer, project en-
gineer, 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.
(2) All main office employees,17 including-timekeepers, the file
clerk and blueprint machine operator and the bill of material typist
in the engineering and drafting department, and the assistant to the
comptroller, but excluding time-study employees, all remaining em-
ployees in the engineering and drafting department, the secretary
to the president, personnel department employees, 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.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The Adams & Westlake Com-
pany, Elkhart, Indiana, elections 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 Thirteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Sections 203.55 and 203.56, of National Labor Relations Board Rules
10 Matter of Fred W. Mears Heel Company, 71 N. L R. B 18; Matter of The Colson
Co>poration, 70 N. L. R. B. 1235; and Matter of Aluminum Company of America, 61
N L R B 1066 Cf Matter of St. Louis Independent Packing Company, 67 N L R B. 543
In accord with the agreement of the AUA and the Employer at the heaung, we find
that the following individuals fail to exercise supervisory authority within the Board's
customary definition and should be included in the unit • the chief clerk, electile account-
lug machine supervisor, accountants, and supervisor and assistant to the production order
manager. -
732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and Regulations-Series 4, among the employees in the units found
appropriate in Section IV, above, who were employed during the
pay-roll period immedately preceding the date of this Direction, in-
cluding employees who did not work during said pay-roll period
because they were ,ill or on vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States who
present themselves in person at the polls, but excluding those em-
ployees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the elections, to
determine: (a) whether the employees described in group (1) of
Section IV desire to be represented by International Association of
Machinists, District No. 103, or by Associated Unions of America,
Office and Professional Workers Local 55, for the purposes of collec-
tive bargaining, or by neither; and (b) whether or not the employees
described in group (2) of Section IV desire to be represented by
.Associated Unions of America, Office and Professional Workers Local
55, for the purposes of collective bargaining.