The Baird Machine Co.

National Labor Relations Board - Board Decisions

Dec 5, 1942

45 N.L.R.B. 1096 (N.L.R.B. 1942)

In the Matter of THE BAIRD MACHINE COMPANY and UNITED STEEL-
WORKERS OF AMERICA
Case No. R-4501.-Decided December 5, 19494
Jurisdiction : machines manufacturing industry.
Investigation and Certification of Representatives : existence of question : agree-
ment as to ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees, with specified inclusions and exclusions.
Mr. Arthur M. Comley, of Bridgeport, Conn., for the Company.,
Mr. Edward J. Hilland and Mr. Frank L. Trainor, of New Haven,
Conn., for the Union., • I -
Miss Melvern R. Ilrelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition.duly filed by United Steelworkers of America, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of The Baird Ma-
chine Company, Stratford; Connecticut, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Bertram Diamond, Trial Examiner.
Said hearing was held at Bridgeport, Connecticut, on November 4,
1942. The Company and the Union appeared, participated, and 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FAor
I. THE BUSINESS OF TIIE COMPANY
The Baird Machine Company, a Connecticut corporation, having its
principal office and sole manufacturing plant in Stratford, Connecti-
45 N. L. R. B., No. 157.
1096
THE BAIRD MACHINE COMPANY 1097
cut, is engaged in the manufacture of automatic bullet and shell
machines, tumbling barrels, automatic machinery and related prod-
ucts. During the period from November 1, 1941, to November 1,
1942, the Company purchased raw materials and other materials of
which 25 percent, valued in excess of $60,000, was shipped td the
Company from points outside the State of Connecticut. During the
same period, the Company manufactured finished products of which
approximately 50 percent, valued in excess of $500,000, was shipped
to points outside the State of Connecticut. The Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act. ,
H. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation
had arisen in that the Union claims the right to represent a majority
of the Company's employees, and the Company 'leas questioned that
right.
A report prepared by the Regional Director and introduced in evi-
dence at the hearing indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9. (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agreed that all production, maintenance, and shipping
employees, watchmen and guards of the Company, excluding super-
visors and business office clerical employees, constitute an appropriate
unit. They are in disagreement, however, concerning the inclusion in
or_exclusion from the unit of the following classifications.
The Union contends that three employees, one Bove, Darwin Carl-
ton, and Walt Warner, are supervisors and should be excluded. The
Company contends that these employees have no supervisory status
and should be included. Bove is a sheet metal worker; he performs
, The Regional Director reported that the Union presented 76 application cards, all
bearing apparently genuine signatures , one dated in July, 40 in August, 2 in September
1942, and 33 undated. Of the 76 cards submitted , 69 bear the names of persons whose
names appear on, the Company 's pay roll for the week ending October 24,, 1942. This
pay roll lists the names of 191 employees in the unit.
1098 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duties similar to those of other production employees and- also assists
in assembling. Carlton formerly \operated a drill press, but at the
time of the hearing was classified as an assembler. Other employees
performing assembly work are not objected to by the Union. Warner
is classified by the Company as a "tool maker," and also, adjusts
automatic machines for proper timing. None of these employees has
the authority to hire, discharge, or to change pay rates. They do not
decide when employees shall work overtime. Since there is no
evidence that these employees are supervisors, they will be included
in the unit as production employees.
The Union contends that the employees in the planning and draw-
ing departments should be excluded from the unit on the ground
that they are not production employees. The Company claims that
they are production employees and should be included in the unit.
Planning department: There are 10 employees in this department.
'T'hree are time clerks who are located in a glass partitioned office.
They issue work cards to each "production" employee when a job is
begun. Each job must be completed before another work card is
issued. It is the duty of the time clerk to check the sequence ' of
operations before issuing a new work card, and this work requires
an extensive knowledge of the Company's operations. There are
three methods-routing employees who determine from a set of draw-
ings the kind of materials which should be requisitioned as they are
needed, and who also,determine the sequence of operations. They
make up schedules containing this information, and the schedule and
the drawing are then routed to the appropriate department. These
employees spend approximately 50 percent of their time, in the
factory working on machines. Since they are acquainted with the,
Company's operations and plan sequences in production, if a problem
arises concerning a change or an 'omission in an operation, they will
discuss the problem with the employees at the machines and will
occasionally work with them oio the machines. They also act as
demonstrators for customers. One material control clerk and one
material order, clerk, whose duties are similar, are assigned to the
planning department. It is the responsibility of these employees to
see that the , materials needed are at the work place in order that, the
work cards can be posted. Two time cards and routing clerks type
the cards and route sheets, place the proper drawing on the proper
route sheet, attach the cards to the proper file, and complete the file.
One employee, W. Lacroix, is classified as an employee in the mis-
cellaneous department: However, he works out of the planning
department and acts as an expediter in checking on the work progress
of.particular items needed to complete an order. His duties require
him to go to various departments in order to follow the operation
THE BAIRD - MACHINE COMPANY 1099
closely and to move the job quickly from one place to another. We
conclude that he is an employee of the planning department.
We find that the time clerks and the time cards and routing clerks
are clerical employees , and that the remaining employees in the plan-
ning department have specialized skill and experience and perform
duties essentially different from those of production employees. We'
shall accordingly exclude the planning department employees from
the appropriate unit. -
Drawing department : There are 13 employees in this department;
consisting of draftsmen , designers , blue print machine operators, and
a stenographer . The duties of these employees consist chiefly-of,
designing machines and tools, drafting , and making blue prints.
They are an integral part of the engineering department and their
work is materially different from that of the production and main-
tenance employees . In accordance with our usual practice, we find
that the employees in the drawing department should be excluded
from the unit.
We find that all production , maintenance , and shipping employees,
of the Company , including watchmen and guards , but excluding
supervisors , business office clerical employees , and the employees in
the planning and drawing departments, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor ,3
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Baird Ma-
chine Company, Stratford , Connecticut , 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 super-
vision of the Regional Director for the Second Region, acting in this
1100 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, 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 any such employees who did not work
during said pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tem-
porarily laid off, but excluding any who have since quit or, been dis-
charged for cause, to determine whether or not they desire to be
represented by United Steelworkers of America, for the purposes of
collective bargaining.
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