The Murray Corp. of America

National Labor Relations Board - Board Decisions

Nov 28, 1942

45 N.L.R.B. 854 (N.L.R.B. 1942)

In the Matter of THE MURRAY CORPORATION OF AMERICA and INTER-
NATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT AND AGRICULTURAL.
IMPLEMENT WORKERS OF AMERICA , (UAW-CIO), AMALGAMATED
LOCAL 889
Cases Nos. R-4380 and R-4381.-Decided November 28, 1942
Jurisdiction : aircraft and auto parts manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to grant recognition until certification by the Board; election necessary.
Unit Appropriate for Collective Bargaining : all clerical employees of Com-
pany's two plants with specified exclusions.
Butzel, Eaman, Long, Gust & Bills, by Mr. Victor W. Klein and
Mr. J. Burgess Book, III, of Detroit, Mich., for the Company.
Mr. Jack N. Tucker and Mr. Maurice Sugar, of Detroit, Mich., for
the Union.
Miss Melvern R. Krelo'w, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE --
Upon petitions duly filed by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
(UAW-CIO), Amalgamated Local 889, herein called the Union, al-
leging that a question affecting commerce had arisen concerning the
representation of employees of The Murray Corporation of America,.
Detroit, Michigan, herein called the Company,' the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Robert J. Wiener, Trial Examiner. Said hearing was held at
Detroit, Michigan, on October 12, 13, and 14, 1942. 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 Trial Examiner's rul-
ings made at the -hearing are free from' prejudicial error and are
hereby affirmed.
1 The parties stipulated at the hearing that all formal papers be amended to provide
for the correct name of the Company and the Union
45 N. L R B, No. 128.
854
THE MURRAY CORPORATION OF AMERICA 855
On October 26, 1942, a stipulation to correct the transcript of record,
entered into between the parties, was filed with the Board. The stipu-,
lation is hereby made, a part of the record.
On November 2, 1942, the Company filed a brief, which the Board
has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Murray Corporation of America, a Delaware corporatidn, is
engaged in the manufacture of aircraft and auto truck parts and metal
stampings. This case involves the Company's plants located at Detroit
and Ecorse, Michigan, herein referred to as the Main Plant and the
Ecorse Plant, respectively. The total amount of raw materials shipped
to both plants from points outside the Stateof Michigan, and the total
amount of finished products shipped from both plants to points out-
side the State of Michigan, substantially exceed $1,000,000 annually.
The Company admits, for the purpose of this proceeding, that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America (UAW-CIO), Amalgamated
Local 889; is a labor, organization affiliated' with the Congress' of Indus-
trial. Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation had
arisen in that on or about March 12, 1942, the Union requested sole bar-
gaining rights on behalf of certain clerical employees of the Company's
Main Plant; and that on or about May 6, 1942, it requested sole bar-
gaining rights for certain clerical employees of the Company's Ecorse
Plant. The Company has refused the requests on the grounds that
the Union does not represent a majority in the units claimed by the
Union as appropriate, and that the units requested are inappropriate.
Reports prepared by the Regional Director and introduced in evi-
dence indicate that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.?
2 The Regional Director reported that the Union submitted for the Ecorse Plant 40
application-for -membership cards bearing apparently genuine signatures , dated between
April 1 and May 19, 1942 . Of the 40 cards presented , 33 bear the names of persons whose
856 DECISIONS OF NATIONAL LABOR-RELATIONS BOARD
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 contends that two units consisting of the clerical em-
ployees of the Ecorse Plant and the Main Plant of the Company,
with certain inclusions and exclusions noted below, are appropriate.
The Company urges that the clerical employees, with certain inclu-
sions and exclusions also noted below, of the two plants of the
Company constitute a single appropriate unit.
The two plants are only 14 miles apart. The labor relations policy
for these plants is established at the Main Plant, and the manager
of the Ecorse Plant has no discretion with respect to that policy.
Grievances which cannot be settled by the manager of the Ecorse
Plant are referred to the Company's officials at the Main Plant. The
work performed by the employees in both plants is virtually identical,
and there are occasional transfers of employees between the plants.,
In normal times most salaried employees for the Ecorse Plant are
hired at the Main Plant. The Company has had a collective bar-
gaining contract for many years with Local 2 of the same interna-
tional, covering production and maintenance employees of both plants
of the Company as a single appropriate unit. Under all the circum-
stances, we conclude that the employees at the Main Plant and the
Ecorse Plant of the Company constitute a single appropriate unit.,
The parties are in agreement that the appropriate unit should
include all clerical employees, excluding the classifications set forth
in "Appendix A." They are in disagreement, however, with regard;
to the following classifications. The Union desires their inclusion,
and the Company their exclusion.
Secretaries of department heads. The secretaries to the depart-
ment heads have generally the same types of duties as the secretaries
excluded by agreement of the parties. These employees perform the
customary functions of secretaries and, among other things, have the
duty of listening in on all telephone conversations of their respective
superiors. We believe that the duties of these employees will permit
them to have knowledge of such confidential labor affairs, and that
their other duties are sufficiently comparable to the duties of the
names appear on the Company's pay roll submitted on July 3, 1942. This pay roll lists
00,employees in the unit claimed by the Union as appropriate in the Ecorse Plant.
The Regional Director further reported that the Union submitted 307 authorization
cards, 227 dated'between February and August 1942 and 80 undated. Of the 307 cards
presented , 208 bear apparently genuine signatures of persons whose names appear on
the Company's pay roll of October 3, 1942. This pay roll lists 702 employees in the unit
claimed as appropriate by the Union in the Main Plant It lists 472 employees in the
unit claimed as appropriate by the Company in the Main Plant.
THE MURRAY ' CORPORATION OF AMERICA 857
secretarial employees whom the parties have agreed to exclude, as
to warrant their exclusion from the appropriate unit. We shall there-
fore exclude the secretaries of all department heads.
Cashier's office. There are approximately six employees in the
cashier's office. These employees have custody of the Company's
monies and prepare pay rolls for all employees. The information
.which these employees may possess in no instance relates directly to
the problem of labor relations. We shall therefore include them in
the unit.
Telephone operators. The Company employs approximately five
telephone operators who operate its switchboard. The Company con-
tends that the telephone operators should be excluded because they
may require, either by inadvertence or design, knowledge respecting
,the Company's confidential labor affairs. We find no merit in this
contention. It does not appear that the telephone operators in the
.normal course of their duties have obtained information of a suffi-
ciently confidential character relating to labor policy to warrant their
exclusion. We shall therefore include telephone operators in the
.unit.
Certain stenographers, typists, and clerks. While the parties are
generally agreed that all stenographers, typists, and clerks should be
included, the Company would exclude such employees iri the Plant
Protection, Education, Cost Control, Industrial Engineering, and In-
surance departments. The record indicates that these employees in
each department type records, file reports, and have access to the files
.of the departments. The Company contends that if the employees in
-these categories were to breach the trust which the Company has re-
,posed in them, information adverse to the management might be
transmitted to the Union. We find this contention to be without
merit. The possession of important information is of itself insufficient
to justify exclusion from the right to collective bargaining. We shall
include these employees in the unit.
Compensation clerk, insurance clarion clerk, and insurance investi-
gator, Insurance Department.- The compensation clerk is primarily
'engaged in work connected with workmen's compensation cases and
their preparation for court action. The insurance claim clerk takes
statements from employees and recommends Company action with
regard toa sickness and accident claims. The insurance investigator
,investigates the causes of accidents and secures affidavits with respect
to them. We believe that the duties of these employees are of a suffi-
ciently confidential character to warrant,their exclusion. We shall
therefore exclude them from the unit.
858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Estimators . The Company employs 12 estimators in the Estimating
Department (Department 99), 5 estimators in the Sales Estimating
Section (Department 395), 5 estimators and 1 estimator leader in the
Tool Time Standards Section ( Department 395.)
The estimators in Department 99 are responsible for arriving at
cost , values of labor and material based upon the operations as estab-
lished by the process engineer , but are required to recommend and
include, in these estimates such reductions in operations as may tend
to decrease costs within the customer 's specifications . This may
result in the reduction or elimination of labor.
The estimators in Department 395, Sales Estimating Section, arrive
at the sales prices of the products of the Engineering and Mechanical
Division , such as engineering tools, dies , jigs, and fixtures , by analysis
of the operations to determine the labor and material costs of these
products.
The estimators in Department 395, Tool Time Standards Section,
estimate the labor hours consumed on various operations , set stand-
ards by which the efficiency of all employees is measured, and set
standards for the performance of production of tools, dies, and. jigs.
The tool time estimator leader is in charge of the activities of a group
of estimators. -
The record indicates that these -employees are required to obtain a
mechanical background , preferably by attending the Company's ap-
prentice training course. The salary of the estimators is considerably
higher than that of the typists, stenographers, and clerks. We find
that the duties of these employees are sufficiently comparable to the
duties of the time -study observers in Department 95, whom the par-
ties have agreed to exclude, as to warrant their exclusion from the
appropriate unit. We shall therefore exclude them.
Engineering follow-up clerks, die and jig; and engineering plan-
ning and scheduling clerics: Department 395. There are 13 follow-up
clerks and 4 planning and scheduling clerks. The follow -up clerks
follow the construction through the various stages of dies, jigs, and
fixtures and are guided by a schedule . They report the stages of com-
pletion so as to furnish the Company with a complete record of the
tool and die program in relation to ,the schedule.
The planning and scheduling clerks schedule each drawing, die,
tool, jig, or fixture through the various stages of construction.
These employees make recommendations to the Company for the
reduction of time consumed in'the operations with which they are con-
cerned. It, does not appear that in the normal course of their duties
they obtain labor relations information of a sufficiently confidential
TM MURRAY CORPORATION OF AMERICA 859
character to warrant their exclusion .* We shall therefore include them
in the unit.,
Timecheckers , Department 113. The duties of timecheckers (or
timekeepers )3 consist of checking the starting time and the completion
time of each job of the production employees . They record and
report "idle time," which is the period during which a production
employee is waiting for an assignment , or when he is waiting for the
repair or replacement of a machine . In such instances , idle time is
allowed by the timechecker and is chargeable against the efficiency of
the supervisor . In determining the operating efficiency of the em-
ployee or the group in which he works, the idle time is deducted from
the chargeable operating time. It is within the discretion of the
timechecker to determine whether time lost in operations of an em-
ployee or group of employees is due to the fault of the employee and,
therefore , is not allowable as idle time, or due to a cause beyond the
employee's control . It appears that the timecheckers exercise such a
degree of managerial discretion in the performance of their duties
as to warrant their exclusion . We shall , therefore , exclude them
from the unit.
We find that all clerical employees of the Ecorse Plant and the
Main Plant of the Company, including employees in the cashier's
office; telephone operators ; stenographers , typists, and clerks in the
Plant Protection , Education , Cost Control, Industrial Engineering,
and Insurance departments ( Departments 85, 109, 93, 80A , and 162,
respectively ) ; engineering follow-up clerks , die and jig; and engineer-
ing planning and scheduling clerks ( Department 395) ; but exclud-
ing the classifications set forth in Appendix "A," and the compensa-
tion clerk, insurance claim clerk , and insurance investigator in the
Insurance Department ( Department 162), estimators and the esti-
mator leader in the Estimating Department , Sales Estimating Sec-
tion, and Tool Time Standards Section (Departments 99 and 395),
and timecheckers , constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 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
employees, in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
8 The parties are in agreement as to the inclusion of time clerks, whose duties are of
a. clerical nature, and who shall accordingly be included in the unit with other clerks.
860 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Election, 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 Rela-
tions Board Rules and Regulatioxns-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 Murray Cor-
poration of America, Detroit, Michigan, at its Main and Ecorse Plants,
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 Seventh
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 10, of said Rules and Regu-
lations, among all employees of the Company in the unit found appro-
priate 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 in the active military service or train-
ing of the United States, or temporarily laid off, but excluding any
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, (UAW-CIO), Amalgamated Local 889, for the purposes of
collective bargaining.
APPENDIX "A"
MAIN PLANT
Department No. 305-Operations Planning
Statisticians Stenographers
Typists Secretary
Supervisory
Executives
Managers
Superintedents
Co-Ordinating Superintend-
ents
Department Supervisors
Section Supervisors
Cashier
Classi fications
Chief Buyer
Chief Timekeeper
Chief Engineer
Chief Telephone Operator
Chief Accountant
Buyers
Budget Director
THE MURRAY CORPORATION OF AMERICA 861
Engineering Classifications
Sales Engineers
Jr. Sales Engineers
Process Engineers (Methods)
Industrial Engineers
Stationary Engineers
Time Study Engineers
Product -engineers
Research Engineers'
Plant Engineer
Electrical Engineer
Welding Engineer
Equipment Engineer
Transportation Engineer
Consulting Engineer
Safety Engineer
Tool Engineer
Salvage Engineer
Professional
Laboratory Technicians Auditors
(Chemical Laboratory) Artist
Chemist Art and Color
Draftsmen
Product Draftsman Plant Layout Draftsman
Tool and Die Draftsman
INDUSTRIAL RELATIONS DIVISION
Department #85-Plant Protection
1st Class Patrolman
Desk Sergeant
Sergeant
2nd Class Patrolman
Special Investigator
Probationary Patrolman'
Investigator
3rd Class Patrolman
Fire Marshal
Watchman
Superintendent Plant Protec-
tion
1st Class Watchman
Lieutenant Plant Police
Chief Fire Marshal
Department #90-Industrial Relations
Industrial Relations Manager Supervisors
Personnel Manager Secretary
Employment Manager Personnel Analyst
Personnel Auditor
Department #104-Public Relations.
Supervisor Stenographer
Editor - Photographer
Assistant Editor Reporter
862 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Supervisors
Interviewers, Final
Department #108-MedicalI
Doctor Clerks
Nurses Technicians-Laboratory
Head Nurse Laboratory-Helpers
Secretary
Department #109 - Edw4ional
Director Secretary
Supervisors 'Safety Engineers..
Instructors
STANDARDS DIVISION-TIME STU DY-METHODS-BUDOHT
Department #93=Cogt'Control
Jr. Analyst
Sr. Analyst
Supervisors
Jr. Analyst
Sr. Analyst
Department #106-Employment
Welfare
Secretary
Department #95-Time Standards
Time Study Observers,
Time Study Analysts
Department
Supervisors
Jr. Analysts
3395-Engineering Time Standards
Sr. Analysts
Department #99-Estimating (Methods)
Supervisors Secretary
Industrial Engineering Department
Head of the Department
Industrial Engineers
Sr. Analysts
Jr. Analysts
THE MURRAY CORPORATION OF AMERICA 863
ECORSE PLANT-FRAME DIVISION-INDUSTRIAL RELATIONS DIVISION
Department #85-Plant Protection
Sergeant 3rd Class Patrolman
1st Class Patrolman Probationary Patrolman
2nd Class Patrolman
Department #90-Industrial Relations
Doctor
Supervisor
Department #108-Medical
Nurses
Supervisory Classifications
Manager Chief Timekeeper
Superintendents - Chief Engineer
Co-Ordinating Superintendents Chief Accountant
Department Supervisor Cashier
Section Supervisor
Engineering Classifications
Product Engineer Safety Engineer
TIME STUDY-METHODS-BUDGET
Department #95
Time Study Observer Sr. Analysts
Jr. Analysts