The Heil Co.

National Labor Relations Board - Board Decisions

Aug 25, 1944

57 N.L.R.B. 1629 (N.L.R.B. 1944)

J
In the Matter of TIlE HEIL Co. and UNITED STEELWWORKERS OF AMERICA,
LOCAL 1344, C. I. O.
Case No. 13-R-2!° If.Decided August 25,1944
Miller, Mack and Fairchild, by Mr. J. I. Poole, of Milwaukee, Wis.,
for the Company.
Messrs. W. T. Anderson and Kenneth Allen, of Milwaukee, Wis., for
the C. 1. 0.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CA SE
Upon petition duly filed by United Steelworkers of America, Local
1344, C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Heil Co., Milwaukee, Wisconsin, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Leon A. Rosell, Trial Examiner. Said hearing
was held at Milwaukee, Wisconsin, on July 5, 1944. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The rulings of the Trial
Examiner made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board.
The Company moved at the hearing to dismiss the petition of the
Union on the grounds that in past bargaining the employees which the
Union now seeks to represent were excluded, and that the timekeepers,
in particular, are confidential employees. - Ruling on this motion was
reserved for the Board. For reasons set forth in Section IV, infra,
the motion to dismiss is hereby denied.
Upon the entire record in the case, the Board makes the following :
57 N. L R. B., No. 270.
1629
1630' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE 'BUSINESS OF THE COMPANY
The Heil Co., a Wisconsin corporation, is engaged at Milwaukee,
Wisconsin, in the manufacture of road machinery, army tanks, truck
bodies, and other similar equipment. The Company estimates that
its purchases for 'the year 1944 will total approximately $25,000,000,
of which over 50 percent by value will have been transported to its
plants from points outside the State of Wisconsin; and that its annual
sales .for the same period will approximate the sum of $45,000,000,
of which more than 50 percent will represent the value of'sales made
to customers located outside the State of Wisconsin.
The Company admits that the nature of its business brings it
within the jurisdiction of the Board.
II. THE ORGANIZATION INVOLVED
I
United Steelworkers of America, Local 1344, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about March 31, 1944, at a conference between the Company
and the Union, the- Union requested recognition as the collective bar-
gaining representative of the employees of the Company who are
involved in the present proceeding, and the Company replied that it
would not recognize the Union as the representative of such employees.
A statement of a Feld Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial number of employees in the group for which it is petitioning? '
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 DETERMINATION OF REPRESENTATIVES
Since 1937, the Union has been recognized by the Company as the
exclusive collective bargaining representative of a unit consisting of
its production and maintenance employees, and has maintained con-
tractual relations with the Company covering such employees. The
petition in the present proceeding was filed by the Union to bring about
the inclusion,in the 'production and maintenance unit of two groups
of employees not previously included, namely, commissary employees
1 The Field Examiner stated that the Union submitted to him , 19 application -for-mem-
bership cards , and that there were , 23 employees in the group for which the Union is
petitioning.
THE HEIL CO. 1631
and timekeepers. As an alternative, the Union proposes that the two
groups be established as separate units. The Company opposes the
enlargement of the established contract unit. However, it would pre-
fer that the commissary, employees be included in the contract unit,
rather than be found to constitute a separate unit. , The Company
contends that its timekeepers are confidential employees who should
not be represented in any, unit for purposes of collective hargaining.-
The Company has three plants and six warehouses in Milwaukee.
The collective bargaining contract of the Union covers ' certain em-
ployees in'all the plants and warehouses. The principal manufac-
turing, operations are conducted in Plant 1, where the bulk of the
,Company's employees work; Adjacent to this plant is the East
Plant where the Company does some machining, assembling, and
export packing. Approximately 21/2 miles from these plants is Plant
3 where material fabricated at Plant 1 is assembled and welded. -
'Commissary employees The Company has approximately 12 com-
missary employees who work in commissary stations located about the
Company's 3 plants. Their work consists of selling refreshments to
other employees. They do not prepare food but sell only'items which
have been previously prepared and packaged. The 12 employees have
a single 'supervisor. The record discloses no reason; I other than the
previous bargaining history, for refusing to, include commissary em-
ployees in the established unit of production and maintenance em-,
ployees. In the absence of any opposing contention by another labor
organization, we are of the opinion that the bargaining history does not,
preclude an enlargement of the present production and maintenance
unit by the inclusion of commissary employees who are in constant
daily contact with production and maintenance employees. Accord-
ingly, we find that the commissary employees may, if they so desire,
form a part of the bargaining unit presently represented by the Union.
In view of the absence of any question concerning representation
among the employees in the present contract unit, we shall direct that
a separate election be held only among the commissary employees
wherein a,question concerning representation has` arisen. If a ma;
jority of the employees involved select the Union'as their bargaining
representative, they will thereby have indicated their desire to be, and
will be, included in the unit presently represented by the Union.
Timekeepers: The Company's timekeeping department consists of
16 timekeepers and 2 admittedly-supervisory employees. The depart-
ment has 2 , offices located in Plant 1 and a third office in the East
Plant? As noted above, the Company contends that its timekeepers
2It appears that Plant 3 has a separate group of employees who combine the functions
of the timekeeping and pay -roll departments. They do various clerical operations , answero
telephones , use comptometers , make out-reports , check time slips, and make out pay-roll
records.
1632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
are confidential employees. The record discloses that the timekeepers
collect: daily time slips which are filled out in part by the production
and maintenance employees. The slips indicate time worked, pieces
produced, and rate 'of pay. The timekeepers' principal function is
to examine these,slips for completeness and accuracy. In particular,
they check the rate of pay and ascertain. whether the pieces produced
exceed the production quota. The employee's word is accepted as to
the time worked and the number of pieces produced. No information
on the slips is such that it is not'knowu to other employees. The time
keepers do not set the rates, nor do they determine the amount of an
employee's earnings. Moreover, they exercise no powers of discipline
over employees responsible for discrepancies on time slips. The
Board has frequently held that timekeepers are employees within the
meaning of the Act who are entitled to bargain collectively.- The
record in the present case fails to support the Company's contention
-hat the work of its timekeepers is confidential from a labor relations
?tandpoiht. Accordingly, the only question remaining_ for consid-
eration is whether the Company's timekeepers should bargain-sepa-
rately or with the production and maintenance employees.
The head timekeeper is directly responsible to the comptroller of
the Company who is also in charge of all accounting offices and other
office personnel. Timekeepers have, therefore, been regarded and
treated as part of the office personnel.4 They work the same hours,
have the same vacation privileges, and are paid on a salary basis. They
are not responsible to-plant supervisors, and most of their time is spent
in their offices. Interchange of employees between the timekeeping
department and the production departments seldom occurs. The fore-
going facts indicate that the timekeepers are clerical, employees having
duties and interests differing widely from those of the production and
maintenance 'employees. Accordingly, we find that the Company's
timekeepers, excluding the'head timekeeper, the assistant to the head
timekeeper, 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 separate appropriate unit within the meaning of Section 9 (b) of
the Act.
In view, of our findings with respect to colizniissary employees Of the
Company,' we shall make no final determination of the unit as to them
at this time. We shall direct that the question concerning representa-
See Matter of _lieneral Motors Corporation, Eastern Aircraft, Trenton Divtitition, 51
N L R B 1366, 1368; and Matter of Aluminum h'drgtngs, Inc. 54 N L -R B 1582.
1584 - -
4 There,is some indication that the timekeepers have offices in -the plant rather than in
the main office building due to the fact that the latter building is too small to house all,
o> ce employees.
THE HEIL CO. 1633
tion which has arisen be resolved by separate elections by'secret ballot
among the employees in the following voting group and appropriate
unit who were employed during the pay-roll period immediately pre-
ceding the date of our Direction of Elections, subject to the limitations
and additions set forth therein: (1) all commissary employees, ex-
cluding all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, to determine whether
or not they desire to be represented by the Union; and (2) all time-
keepers, excluding the bead timekeeper, the assistant to the head time-
keeper, 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, to determine
whether or not they desire to be represented by the Union.
DIRECTION OF ELECTIONS
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 Rela-
tions 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 The Heil Co., Mil-
waukee, Wisconsin, separate elections by secret ballot shall be con-
ducted as early as possible, but iiot.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 Article
III, Sections 10 and 11, of said Rules and Regulations, among the em-
ployees in the unit found appropriate and in the voting group estab-
lished in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including em-
ployees 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 disc
charged for cause and have not been rehired or reinstated prior to the
date of the election, to determine in each instance whether or not they
desire to be represented by United Steelworkers of America, CIO, for
the purposes of collective bargaining.s
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Elections.
3 The Union expressed a preference at the hearing that its name appear on the ballots as
set_ forth in the Direction of Elections
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