The Electric Auto-Lite Co.

National Labor Relations Board - Board Decisions

Apr 6, 1948

76 N.L.R.B. 1189 (N.L.R.B. 1948)

In the Matter of THE ELECTRIC AUTO-LITE COMPANY, KINGS MILLS
DIVISION , EMPLOYER and INTERNATIONAL UNION, UNITED AUTOMO-
BILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMER-
ICA, CIO, PETITIONER
Case No. 9-R-2685.-Decided April 6, 1948
llr. J. P. Falvey, of Toledo, Ohio, and Mr. Royer M. Lake, of Cin-
cinnati, Ohio, for the Employer.
Mr. Sol Goodman, of Cincinnati, Ohio, for the Petitioner.
Mr. Robert A. Wilson, of Washington, D. C., for the Polishers.
Mr. Roy Wallace, of Marion, Ohio, for the Association.
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, hearing in this case was held at Cin-
cinnati, Ohio, on June 30, 1947 , before Allen Sinsheimer , Jr., 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 1 makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Electric Auto-Lite Company, an Ohio corporation , has its prin-
cipal office and place of business in Toledo, Ohio. The Employer
operates a number of plants in the State of Ohio including one located
at Kings Mills, Ohio, known as the Kings Mills Division, which plant
is alone involved in this proceeding . At this plant the Employer is
engaged in the manufacture of automobile lamps. During the year
preceding June 30, 1947 , the Employer purchased , for use at its Kings
1 Pucnuant to the piovisions of Section 3 (b) of the Act, the Board has delegated its pow-
ers in connection with this case to a three-man panel consisting of the undersigned Board
Members [Chairman Herzog and Members Houston and Reynolds].
76 N. L. R. B., No. 167.
1189
1190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Mills Division plant, raw materials valued at over $900,000, approxi-
mately all of which were received from points outside the State of
Ohio. During the same period , the Employer shipped from this
plant finished products valued in excess of $3,000,000 , of which about
90 percent represented shipments to customers outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
11. TIlE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
Local 68, Metal Polishers, Buffers, Platers and Helpers Interna-
tional Union, herein called the Polishers, is a labor organization affili-
ated with the American Federation of Labor, claiming to represent em-
ployees of the Employer.
Kings Mills Workers Collective Bargaining Association, herein
called the Association, is a labor organization claiming to represent
employees of the Employer.
III. TFIE QUESTION CONCERNING RE1'RESE NrATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning rep-
resentation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Petitioner seeks a plant-wide unit of all the Employer's pro-
duction and maintenance employees including, among others, em-
ployees in the bulling and plating departments claimed by other labor
organizations involved herein. In the alternative, the Petitioner
urges two separate units corresponding to those now existing at the
Employer's plant: (1) buffing department employees claimed by the
Polishers as within its craft jurisdiction; and (2) all remaining pro-
duction and maintenance employees, including the plating depart-
ment employees. The Polishers,2 currently the representative of the
2 It does not appear that the Employer has any classification known as Polishers ; all
employees doing this type work are apparently designated buffers.
THE ELECTRIC AUTO-LITE COMPANY 1191
employees in the buffing department,3 seeks an expanded craft unit
to include craft employees in the buffing department and similar craft
employees in the plating department. The Association, which pres-
ently represents under a separate bargaining agreement,4 a residual
group of production and maintenance employees, including plating
department employees but excluding buffing department employees,
contends that either the group which it now represents or a plant-wide
unit constitutes an appropriate unit. The Association thus unites
with the Petitioner in opposing the Polishers' proposed separation
of certain plating department employees from the residual production
and maintenance group. The Employer takes a neutral position on
the issue of the type and scope of the units appropriate in this pro-
ceeding for the purpose of collective bargaining.
Should the Board find appropriate a separate unit of residual pro-
duction and maintenance employees, as urged by the Association, the
latter and the Petitioner are agreed upon the inclusion therein of truck
drivers, inspectors, janitors and matrons, tool crib attendants and
stockmen, and upon the exclusion of foremen, assistant foremen, time-
keepers or checkers, watchmen or guards, firemen, office and clerical
employees and all supervisors. The parties are, however, in disagree-
ment with respect to the inclusion of group leaders, instructors and
set-up men, all of whom the Petitioner would exclude from the residual
unit, and the Association would include. The Employer takes no
position regarding the classifications in dispute other than to assert
that the employees in these groups have, in the past, been included in
the contract unit.
The unit sought by the Polishers
As noted above, the Polishers, although under contract to bargain
for the entire buffing department, has, in fact, bargained for only the
buffers therein," the balance of such employees having been represented
by the Association. The Polishers now seeks to carry over this practice
of selection on a craft basis to the plating department and would add
to the unit of buffers," which is composed of skilled craftsmen, em-
' The Polishers, although entitled under a bargaining agreement with the Employer to
represent buffing depaitment employees generally, has, in practice, represented only the
craft employees in such depaitinent There is no contention that the agreement is a bar
to this proceeding.
4 This agreement is not advanced as a bar to the proceeding
5 The craft employees represented by the Polishers constitute approximately 89 percent
of the 228 employees in the buffing department
U The record indicates that to become a journeyman buffer a worker must complete 3
years of apprenticeship training
1192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees doing the work of platers,' viz., tank control men, rackers,
plater helpers and strippers, but excluding, in addition to supervisors,
janitors, clean-up men, truckers, material handlers, rack repairmen,
electricians, and inspectors. Thus, the Polishers would exclude from
the proposed craft unit employees engaged generally in maintenance
and inspection duties, and include only those who participate actively
in the production process of the buffing and plating departments.
Although the Petitioner and the Association oppose the expansion of
the group presently represented by the Polishers, they take no position
with respect to the Polishers' specific selection, on a craft basis, of
employees in the buffing and plating departments. Notwithstanding
the Polishers' practice of bargaining at the Kings Mills plant for a
unit limited to skilled employees in the buffing department, it is evi-
dent that bargaining by the Polishers at this plant has proceeded in It
fragment of a traditional craft group. This is disclosed by the fact
that the proposed craft unit of buffing and plating department em-
ployees constitutes a true and homogeneous craft groups and that a
similar bargaining unit of craft employees has been recognized for
approximately 7 years at another plant of the Employer and in the
industry generally.a
Under all the circumstances, we are of the opinion that the employees
sought by the Polishers may, If they so desire, constitute a separate
bargaining unit. Furthermore, in view of the craft nature of the unit
sought, and in the absence of any objection to the Polishers' selection
on a craft basis of employees in the buffing and plating departments,
we shall include in the craft voting group hereinafter set forth those
employees, other than supervisors, who fall within the usual craft
jurisdiction of the Polishers, and shall exclude therefrom those who
are engaged primarily in maintenance and inspection duties. We
shall make no unit determination pending the outcome of the election
hereinafter directed for members of this group. If, in the election,
7 The Employer apparently has no classification of plater, as such at its Kings Mills
plant All employees doing actual plating wok or other related activities fall within the
plater group as helpers while plater helpers can learn their particular jobs in from a
few weeks to a few nmonths, such employees must complete 3 veais of apprenticeship tiam-
irg, under a program set up by the Polishers, before they are eligible to advance to a plater
status During their training, helpeis are expected to acquire a thorough undeistaudiinn
of all phases of the plating process
, See Matter of Air Redaction Sales Corporation, 61 N L R B. 1246, Matter of Balcrank,
Ine, 66 N L It B 800 , Matter of Swart;bangli Mfg Co , 73 N L R B 538
9 See Matter of Unity Mannfact rn my Company 74 N i, It P 1047 But cf Matter of
Aoileiican Manufacturing Company . 76 N L It B 647 , Matter of Dover Appliance
Company, 76 N L R 13 1131 Unlike the situations in the Amer scan Manufacturing
Company and Dover Appliance Company cases. wheie all the employees in the requested
craft unit concerned were found to lack the requisite skill for craft classification, there
exists in this instance a nucleus of skilled craft employees to which the relatively le's
skilled plater helpers may pi operly be attached
THE ELECTRIC AUTO-LITE COMPANY 1193
the employees select the Polishers, they will be taken to have indicated
their desire to constitute a separate bargaining unit.
There remains for consideration the question of excluding as super-
visors, from either the craft or residual groups, employees in the clas-
sifications of instructors, group leaders, and set-up men.
Instructors: 10 The title of instructor as applied to certain employ-
ees of the Employer arose during the early stage of its operation.
Thus, when the Employer first commenced production activities at
Kings Mills a number of the more experienced employees were trans-
ferred from its Cincinnati plant for the purpose of instructing the
new workers at the plant involved in this proceeding. At the present
time, due to the fact that most of the Kings Mills employees have be-
come trained in their duties, the employees referred to as instructors
spend practically all of their working time in actual production work
and devote but little time to instructing other employees. The record
shows that these employees receive no additional compensation over
and above that received generally by production employees. While
the record does not establish that instructors have authority effectively
to recommend a change in the status of any employee under their di-
rection, it does indicate that they make progress reports with respect
to new employees and that as a consequence of such reports, which are
accepted in the majority of cases by management officials, an em-
ployee may be transferred from one department to another or his em-
ployment may be terminated by the Employer. We are of the opinion
that although the employees in question, when acting as instructors,
exercise a certain measure of supervisory authority, such authority is
exercised only on very rare occasions and too sporadically to place
them in the classification of supervisor as defined in the Act. Accord-
ingly, we shall include them in both voting groups hereinafter
established.',
Group leaders: There are approximately 10 group leaders employed
at the Employer's Kings Mills plant, all of whom work in the assembly
department .12 Group leaders devote about 80 percent of their time
to actual production activities and the balance to setting tip work for
the employees in their groups. Like other production employees,
group leaders work under the direction of the foreman and the assistant
10 The Employer maintains that there is no permanent classification of instructor , that,
on occasions , experienced employees will instruct a new worker in the perfoimance of his
duties and that when this occurs the names of such employees are carried on the pay-roll
list as instructors for the period of instruction only The issue with respect to instructors
affects both the craft and residual voting groups , and, as to the former group, the Polishers
urges their inclusion therein
11 See Matter of Fred H . Cole d/ b/a Cole Instrument Company, 75 N L It B 348
12 This department has about 74 employees.
1194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
foreman in the department and receive the same rate of pay as do the
other workers in their groups. They do not assign work to other
employees. The record discloses that group leaders are included in
the unit presently represented by the Association. While these em-
ployees have no authority effectively to recommend a change in the
status of an employee, they are required to make progress reports on
the ability of employees within their groups. Such reports are appar-
ently given the same effect as those made by the instructors discussed
above. Because, however, group leaders report only on the ability
of new or inexperienced employees and because such reports are, there
fore, submitted only sporadically and infrequently, we find that
group leaders do not fall within the supervisory classification contem-
plated by the Act. Accordingly, we shall include theni within the
residual voting group set forth below.
Set-up men: The Employer employs four set-up men in its drill
press department. These employees set the jigs, fixtures, drills, and
taps for each individual job. They do not, however, direct the activ-
ities of their co-workers or make any recommendations with respect
thereto. We find that the set-up amen are not supervisors within the
meaning of the Act. Accordingly, we shall include them iii the voting
group of production and maintenance employees.
We shall direct separate elections by secret ballot, among the em-
ployees at the Employer's Kings Mills plant who were employed during
the pay-roll period immediately preceding the date of the Direction
of Elections herein, subject to the limitations and additions set forth
in the Direction in each of the following groups described below.
Group 1: All employees in the buffing and plating departments
including buffers, tank control men, rackers, plater helpers, strip-
pers and instructors, but excluding inspectors, straighteners, mate-
rial handlers, truckers, janitors, clean-up men, electricians, rack
repairmen, foremen, assistant foremen'13 and all supervisors.
Group ^9,: All remaining production and maintenance employees
including truck drivers, inspectors, janitors and matrons, tool
crib attendants, stock men, set-up men, instructors, and group
leaders, but excluding timekeepers or checkers, watchmen or
guards, firemen, office and clerical employees, foremen, assistant
foremen, and all supervisors.
As indicated above, there will be no final determination of the
appropriate unit or units pending the results of the elections.
13 The parties agree and we find that persons who act infrequently as assistant foremen
are not supervisors within the meaning of the Act.
THE ELECTRIC AUTO-LITE COMPANY
DIRECTION OF ELECTIONS 14
1195
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The Electric Auto-Lite Com-
pany, Kings Mills Division, Kings Mills, Ohio, separate 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 direc-
tion and supervision of the Regional Director for the Ninth Region,
and subject to Sections 203.61 and 203.62, of National Labor Relations
Board Rules and Regulations-Series 5, among the employees in the
voting groups described 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,
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, and also excluding employees on strike who are not
entitled to reinstatement: (1) to determine whether the employees in
voting Group 1, described in Section 1V, above, desire to be represented
by Local 68, Metal Polishers, Buffers, Platers and Helpers Interna-
tional Union, A. F. L., or by Kings Mills Workers Collective Bargain-
ing Association; 11 or by International Union, United Automobile, Air-
craft and Agricultural Implement Workers of America, CIO, for the
purposes of collective bargaining, or by none of these organizations;
and (2) to determine whether the employees in voting Group 2,
described in Section IV, above, desire to be represented by Inter-
national Union, United Automobile, Aircraft and Agricultural Imple-
ment Workers of America, CIO, or by Kings Mills Workers Collective
Bargaining Association, for the purposes of collective bargaining, or
by neither.
"Any participant in the elections heiem may, upon its prompt request to and approval
thereof by, the Regional Director, have its name i emoved from the ballot.
15 Inclusion of the Association's name on the ballot, and its participation in the elec-
tions, although hereby directed , is made contingent upon its full compliance , within 10
days from the date of this Decision and Direction of Elections, with the provisions of
Section 9 ( f), (g), and ( 1i) of the Act