The Electric Auto-Lite Co.

National Labor Relations Board - Board Decisions

Jul 19, 1945

62 N.L.R.B. 1356 (N.L.R.B. 1945)

In the Matter of THE ELECTRIC AUTO-LITE COMPANY (BUMPER Divi-
SION) and UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, C. I. O.
Case No. 9-R-1827.-Decided July 19, 1945
Mr. 1Villiam V. Driscoll, of Toledo, Ohio, and Mr. Chester Lancaster, of
Springfield, Ohio, for the Company.
Messrs Austin L. Patton and William Groeber, both of Springfield,
Ohio, for the Union.
Mr A Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon a petition duly filed by United Automobile, Aircraft and Agricul-
tural Implement Workers of America, C. I 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of The Electric Auto-Lite Company (Bumper
Division), Springfield, Ohio, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon clue notice be-
fore Herbert J. Nester, Trial Examiner. Said hearing was held at Spring-
field, Ohio, on June 17, 1945. The Company and the Union appeared and
participated. All parties were afforded full opportunity to be heard, to ex-
amine and cross- examine witnesses , and to introduce evidence hearing 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 op-
portunity to file briefs with the Board.
Upon the entire record in the case , the Board makes the following :
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY
The Electric Auto-Lite Company, an Ohio corporation, is engaged at its
plant at Springfield, Ohio, the only plant involved in this proceeding, in
62 N L. R. B., No. 184.
1356
11
THE ELECTRIC AUTO-LITE COMPANY 1357
the manufacture of armor plate for the United States Arley and Navy.
During the past year beginning May 1, 1944, and ending May 1, 1945, the
Company purchased for use at its Springfield; Ohio, plant, raw materials
valued in excess of $875,000, of which 90 percent was shipped to its said
plant from points outside the State of Ohio. During the same period, the
Company produced finished products valued in excess of $1,000,000, all of
which was sold to the United States Government for use by the Army and
Navy
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Automobile, Aircraft and Agricultural Implement Workers of
America, affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
111 TILE QUESTION CONCERNING REPRESENTATION
On or about April 26, 1945, the Union addressed a letter to the Company,
requesting recognition as bargaining representative of the guards employed
at the Company's Springfield, Ohio, plant. The Company refused to recog-
nize the Union until and unless certified by the Board.
The statement of a Field Examiner for the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial nulnn-
ber 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 guards other than supervisory employees,
employed at the Company ' s Springfield , Ohio, plant. The Company opposes
the establishment of a guard unit upon the ground that the guards con-
cerned are closely related to management and possess disciplinary authority
and confidential duties, particularly with respect to the checking of time
cards. The Company further contends that a unit for guards is mappro-
priate clue to the fact that the Union is already the certified bargaining repre-
sentative of the production and maintenance employees at the Company's
plant 1
The record reveals that the Company employs four uniformed guards
who, although formerly militarized , are no longer subject to Army control
1 The Field Examiner reported that the Union had submitted membership application cards dated
Api d 1945, all of which checked against the Company's pay roll of April 29, 1945 There are approxi-
mately foul employees in the unit claimed appropriate by the Union
2 Sec Matte, of The Electric Auto-Litt Company, 28 N. L R. B 1186
a
1358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and are neither armed nor deputized at the present time. Aside from the
usual duties of plant-protection employees such as inspecting plant safety
appliances and patrolling the plant in conformity with the A. D. T. system
maintained By the Company, the duties of the employees classified as guards
consist of admitting and checking out all employees at the start and close
of each shift, and also checking the time cards of employees who arrive at
work late or who leave the plant prior to the usual quitting time of a par-
ticular shift. The information thus secured by the guards as to the time
worked by individual production and maintenance employees is subse-
quently transmitted to the shop foreman and the pay-roll department. On
the other hand, there is. nothing in the record to indicate that the guards
direct the activities of production and maintenance employees, or that they
have authority to discipline or make effective recommendations with respect
to the status of such employees. So far as their relation to management is
concerned, it does not appear that the guards formulate or determine com-
pany policy or that they have access to confidential personnel files or matters
concerning labor relations Accordingly, we are of the opinion that the
guards herein concerned are neither supervisory employees nor employees
whose interests are identified with those of management.'
There remains for consideration the contention of the Company that the
proposed unit is inappropriate upon the ground that it would be contrary
to public interest to allow the Union, which presently represents the pro-
duction and maintenance employees, to represent the plant-protection em-
ployees in the same union. The Union seeks herein a separte unit of plant-
protection employees which, if established, will insulate their collective bar-
gaining from that of other employees. The Board has repeatedly held that a
union which represents other employees of a company may likewise repre-
sent the company's plant-protection personnel even though the latter are
militarized.' Accordingly, the contention of the Company that the Union
may not properly represent both the production and maintenance employees
and the plant-protection employees of the Company is rejected. 11
We find that all guards employed by the Company at its Springfield,
Ohio, plant, excluding supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
8 See Matter of Bethlehem Steel Company , 61 N L R B 892; : fatter of American Cysto-
scope Makers , Inc, 61 N L R B 1226 The mere fact that guards may have certain duties
in connection with time cards does not identify them as management employees or operate to deny
them the privileges of collective bargaining See Matter of Bethlehem Steel Company, supra. The
Board has , moreover , held in numerous instances that timekeepers as such are not management
employees and are entitled to bargain collectively in a separate appropriate unit See Matter of
Aluminum Forqings, Inc, 54 N L R B 1582, and cases cited therein
4 See Dlotter of Standard Stcil Spr,g Company, 62 N L R B 660, and c.iscs cited therein
THE ELECTRIC AUTO-LITE COMPANY 1359
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 employees in
the appropriate unit who were employed during the pay-roll period invnedi-
ately 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 representatives
for the purposes of collective bargaining with The Electric Auto-Lite Com-
pany, Springfield, Ohio, 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 Ninth 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 imme-
diately 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
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 United Automobile, Aircraft and
Agricultural Implement Workers of America, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining.`
5 The request of the Union to be designated on the ballot otherwise than as designated above is
hereby referred to the Regional Director to whom the Board has delegated discretionary authority
in matters relating to the conduct of the election.