The High Standard Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Mar 29, 1943

48 N.L.R.B. 706 (N.L.R.B. 1943)

In the Matter of THE HIGH STANDARD MANUFACTURING COMPANY,
INCORPORATED, and UNITED ELECTRICAL, RADIO & MACHINE WORKERS
OF AMERICA, CIO
Case No. R-4942.-Decided March 29, 1943
Jurisdiction : machine-gun manufacturing industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord petitioner recognition until certified by the Board ; elections.
necessary.
Unit Appropriate for Collective Bargaining : determination of, dependent upon
separate elections among : (1) production, shipping, receiving, and mainte-
nance employees at company's two plants; and (2) electricians and helpers
at company's two plants.
Maguire, Walker & Middleton, by Messrs. Walter N. Maguire and.
Keith T. Middleton, of Stamford, Conn., for the Company.
David Scribner, by Mrs. Ruth Roemer, of New York City, for the
United.
Mr. Joseph T. Rourke, of New Haven, Conn., for the I. B. E. W.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Electrical, Radio
& Machine Workers of America, CIO, herein called the United,
alleging that a question affecting commerce had arisen concerning the
representation of employees of The High Standard Manufacturing
Company, Incorporated, Hamden and New Haven, Connecticut,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before John J.
Cuneo, Trial Examiner. Said hearing was held at New Haven,
Connecticut, on February 25, 1943. The Company, the United, and
International Brotherhood of Electrical Workers, Local B-90,
A. F. of L., herein called the I. B. E. W., appeared, participated, and
3 A motion was made and granted to amend the petition and pleadings to set forth the
name of the Company, as above.
48 N. L. R. B., No. 89.
706
(THD HIGH ST'ANDA'RD MANUFACTURING COMPANY 707
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. The Company and the'
United filed briefs which the Board has considered. - -
Upon the entire'record in the case, the Board makes the following i
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
-.
The 'High Standard Manufacturing Company, Incorporated, a
Connecticut corporation, has its principal office and place of business
at Hamden, Connecticut. The Company is engaged in the mlinufac-
ture of machine guns. It operates two plants, one located at Hamden,
Connecticut, called the Dixwell plant herein, and the other located at
New Haven, Connecticut, called the Waterfront plant herein. The
principal raw materials used at these plants are steel, forgings, and
castings. During the 6 months preceding the hearing, the Company
purchased raw materials valued in excess of $1,0001,000 for the use of
the Company's Dixwell and Waterfront plants, 90 percent of which
was shipped from points 'outside the State of Connecticut. During
the salve period, the Company manufactured, sold, and distributed
finished products manufactured at these plants valued in excess of
$1,000,000, 90 percent of which was shipped to points outside the
State of Connecticut.
The' Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
International Brotherhood of Electrical Workers, Local B-90, is a,
labor organization affiliated with.the American Federation of Labor,
admitting, to, membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
It was stipulated at the hearing that on January 11, .the United
ihformed,the Company in a letter that if represented a majority of the
Company's employees, and ,requested a conference, for,the purposes of
collective bargthning. The -Company refused- unless and until the
United= is duly, certified as bargaining agent by the Board.
A'statement of the Regional Director, introduced in evidence at the
hearing, indicates that the United and the I. B. E. W. each represents
521247-43-vol. 43--45
708 DECISIONS OF NATIONAL LABOR RELATIONS. BOARD
a substantial number of employees in the unit alleged by each to be
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 DETERMINATION OF REPRESENTATIVES
The United desires a unit composed of all production and mainte-
iian a employees in the Dixwell alnd^ Waterfi•oiit plants, excluding
office and supervisory ,employees, hereinafter, more particularly, de-
scribed. The Company concedes this unit to be appropriate but also
seeks to exclude the set-up men and those tool makers and a gauge
maker whose duties include instruction, as supervisory. The work
done at both plants is substantially the same and is functionally
integrated, since parts manufactured at the Waterfront plant are
later sent to the Dixwell plant and the parts manufactured at the
Dixwell plant usually remain there for assembly. There is a single
management policy which functions from the Dixwell plant. The
I. B. E. W. claims a separate craft unit consisting of all electricians
and helpers employed at both the Dixw-ell and Waterfront plants, to be
appropriate.
Set-u.p men,: The principal duty, of,the, set-up, nlen,is to adjust the
machines for which they are responsible for tolerance. Set-up nien
also instruct the operators on the machines how the work is to be
performed but otherwise do not operate the machines after they are
adjusted to their satisfaction. It appears that in the operations of
companies using similar manufacturing processes there are "adjust-
ers" who do the mechanical work on the machines and who report
to "set-up men" who have the power to stop the machines and who
Iiave siij visory °status, authority,' and'diitie's: 'In' the operations
of the Company the functions and authority of the two positions
are combined in the persons of the set-up men whose status is here
contested. The set-up men herein are in charge of the, operation of
from 5 to 6 machines, a unit which usually includes 6-or more opera-
tors. The set-up -men are responsible for the quantity of work
turned out as well as its quality and they may recommend transfers
The Regional Director reported that the United submitted 1931 designations of which
1619 , all beating apparently genuine 'original signatures , correspond with names on the
Company ' s pay roll of January 23, 1943 , containing 3573 names in the , unit which the'
United alleges to be appropriate The Regional Director also repotted that the United
submitted 6 designations , all bearing apparently genuine original signatures which corre-
spond with names on the Company ' s pay roll of January 23, 1943, containing 26 names in
the unit . whiclf' the I B. E. W. alleges to be appropriate . He also reported that the I B.-
E w sulnnitted 7 designations all'-pearmg apparently genuine signatures and the dues
record 'of 8 additional employees , all 15 coiresponding with navies in the said unit of 26.
'THE HIGH- StANDARD MANTFACTURING COMPANY 709
or discharge for too' frequent absence as well as for inadequate skill
in the operation'of machines.' It appears that during a 2-year period,
120 employees have been discharged by reason of their recommenda-
tions:. -The set-up men may also recommend' that' an increase in
wages be given a machine operator: They have sufficient authority
to ask an operator to "leave his job." This term appears to mean, to
quit work altogether; go home and return the next day for a consul-
tation as to whether- he should be discharged. Also, when a set-up
nian takes` an o•peiator off a machine which will take considerable
time to repair he may assign him to another machine in his unit
which needs an operator without sending him to the foreman or
assistant foreman. There is testimony that set-up men at times are
placed in charge of a shift. Their supervisory status is analogous to
that of the senior inspectors whom the parties agreed at the hearing
to exclude, and their pay range is the same. The United claims that
the set-up men are not supervisory employees and that their ',recom-
mendations are more in the nature of a report concerning the opera-
tor's ability or inability to perform satisfactory services. Ho^vever,
we find that in view of all the facts the set-up men herein have
supervisory duties and status and that they should be excluded from
the unit.
.-Tool, nwkers: There is one tool department rlocated'at the Water-
fron`t'plant•`where approximately 106 persons'are'eth'p'loyed. 'About
25 of them are tool makers and the remainder are learners and ap-
prentices. There are 16 second-class tool makers who do the simpler
work and devote only a small proportion of their time to instructing
apprentices and. learners. The first-class tool makers number 8, do
the more difficult -%*ork, and devote a large proportion of their time to
the instruction.of from 3 to 8 learners or apprentices each.. It is the
status •of these' 8 which is, in dispute, .as the Company desires to ^
excl'ude'theun'as supervisory'and.the United claims that although the
Company refers to these employees-as instructors, they are in fact
tool makers who do substantially the same type of work' as the other
tool makers in the department. Although paid slightly higher
wages, the contested employees have the same general working con-
ditions and-hours as the rest of the employees in the department.
It has always been the practice for experienced tool makers to in-
struct the less experienced employees, although the present scarcity
of skilled craftsmen has made more instruction than usual necessary.
The tool makers do not have the authority to hire or discharge,
although the foreman consults the tool makers with respect to the
progress'of,'the apprentices. We find that the work of the contested;
toolmakers differs in •degree'of skill rather'thin•'in kind from the
710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
work of the other tool makers, and that they ,are not supervisory
employees. We shall therefore include them in the unit .3
Gauge maker: The Company also desires to exclude as supervisory
the one gauge maker, Aylwin, who is a first-class tool maker who
devotes all his time to making, gauges. He works in a separate
department with other gauge makers, apprentices, and inexperienced
employees. He is expected to instruct all the inexperienced employees.
His status is the same as that, of the, contested tool makers previously
discussed, and we conclude that he, too, is not a supervisory employee.
We find that Aylwin, the gauge maker, should be included in the unit.
Electricians: As previously stated, the I. B. E. W. desires a unit
composed of all electricians and helpers working at both the Dixwell
and Waterfront plants. They are the only employees of the Company
who do electrical work, and their hours of work are somewhat different
from that of the other production employees since they work on a
two-shift basis while the machine operators work three 8-hour shifts.
They are members of a separate craft which might properly constitute
a separate bargaining unit or might function with equal appropriate-
ness as part of a, single industrial unit. Under these circumstances,
we find that the determining factor should be the desires of the
employees in this group, and we, therefore, shall make no final deter-
mination of a unit ,at this time, but shall direct that the question con-
cerning representation which has arisen -be resolved by separate
elections by a secret ballot among the employees in the units sought
by the United and,by the I. B. E. W. who were employed during the
pay-roll period immediately preceding the date of our Direction of
Elections, subject to the limitations and additions set forth therein.
Upon the results of these elections will depend in part our deter-
mination of the appropriate unit or units.. If a majority of the
electricians and helpers select the I. B. E. W. as their representative,
they will constitute a separate unit. If a majority in both voting
groups choose the United, the groups will together `constitute a single
Unit .4
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby _
See Matter of General Steel Castings Corporation and Steel Workers Organizing Com-
mittee, C.I 0 ,41N L R.B.350
4 The United's request to be designated on the ballot as United Electrical , Radio,& Ma-
chine Workers of America, CIO, Local 285, is granted.
THD HIGH STANDARD MANUFACTURING COMPANY 711
1 '
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The High Stand-
ard Company , Incorporated , Hamden and New Haven , Connecticut,
-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 direction and supervision of the Regional Direc-
tor for the First Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
10, of said Rules and Regulations , among the following groups of
employees of the Company , 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, and including em-
ployees in the armed forces of the United States who present them-
selves in person at the polls , but excluding any who have since quit
or been discharged for cause :
1. All production , shipping , receiving , and maintenance employees
of the Dixwell and Waterfront plants including inspectors, tool
makers and gauge makers ( including instructors , 'apprentices, and
learners ), internal and external truckers , stock chasers and stock
storers, but excluding main and factory office workers , employees- in
the accounting and purchasing departments , expeditors , 'timekeepers
or time clerks , production clerks, the engineering department em-
ployees ( including draftsmen ) hospital , and personnel ' department
employees , the matron , foremen , assistant foremen, supervisors, unit
supervisors ( including senior inspectors ), set-up men, gang bosses,
guards, watchmen , fire-protection employees , messengers , switch
board operators , receptionists , pay-roll department employees , execu-
tives, and electricians and helpers , to determine whether or not they
desire to be represented by United Electrical , Radio & Machine
Workers of America, CIO, Local 285, for the purposes of collective
bargaining;
2. Among all electricians ' and helpers employed in 'tlie Di'xe1l and
Waterfront plants, excluding supervisory employees, to determine
whether they desire to be represented by United Electrical , Radio &
Machine Workers of America; CIO, Local 285, or by International
Brotherhood of Electrical Workers, Local B-90, A., F .` of L:, for the
purposes of collective bargaining , or by neither. -