The Okonite Co.

National Labor Relations Board - Board Decisions

May 20, 1947

73 N.L.R.B. 1187 (N.L.R.B. 1947)

In the Matter of THE OKONITE COMPANY, EDIPLOYER and UNITED
ELECTRICAL , RADIO AND MACHINE WORKERS OF AMERICA , C. I. 0.,
PETITIONER
Case No. 2-R-7327.-Decided May 20, 1947
Messrs. Steven A. Wilson and John F. Chapman, of New York City,
and Messrs. Donald R. Stevens and M. W. Rounds, of Passaic, N. J.,
for the Employer.
Messrs. Samuel Rothbard and Emil Oaf eld, of Newark, N. J., and
Messrs. Erie Hagstronn, Siegfried Greiner, and Paul Lee, of Clifton,
N. J., for the Petitioner.
Messrs. Andrew Keystone, Victor Altieri, and Tunis Van Handel,
of Passaic, N. J., for the Plant Council.'
Mr. Leonard J. Mandl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at New York
City, on January 16, February 7, and March 6, 1947, before George
Turitz, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby aflirlned.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Okonite Company, a New Jersey corporation , is engaged in the
manufacture of insulated wire and cable at plants in Wilkes -Barre,
Pennsylvania , and Passaic , New Jersey . We are here concerned only
with the Passaic plant. During 1946, the Employer purchased for
use at its Passaic plant , raw materials valued at about $1,000,000,
'The employee representatives of The Okonite Plant Council , herein called the Plant
Council, appeared at, and participated in, the hearing , but stated that they did not desire
to have their organization ' s name appear on the ballot.
73 N. L. R B , No 208 1187
1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of which approximately 50 percent represents shipments to the Passaic
plant from points outside the State of New Jersey. During the same
period, the Employer manufactured products valued at more than
$1,000,000, of which approximately 90 percent represents shipments
from this plant to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the Peti-
tioner has been certified by the Board in an appropriate unit.
We, find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit of all hourly paid production and main-
tenance employees at the Employer's Passaic plant, including the jani-
tor in the research department and set-up men, but excluding all other
employees in the research department, office employees, factory clerks,
powerhouse firemen, watchmen, guards, leaclmen, foremen, assistant
foremen, superintendents,. production managers, the chief guard and
other supervisors. The Employer and the Plant Council do not object
to the unit requested, except as it excludes powerhouse firemen, factory,
clerks, guards, watchmen, and leadmen, whom the Employer and the
Plant Council would include.
Powerhouse firemen: There are eight firemen who tend the steam
boilers, generators, pumps, and compressors in the powerhouse, which
is located at about the center of the plant area. They are paid hourly,
as are other production and maintenance employees. All parties agree
that the other non-supervisory employees working in the powerhouse
2 Janitors , pipe fitters, and yardmen
THE OKONITE COMPANY 1189)
should be included in the unit. In accordance with our customary
practice in like cases, we shall include the firemen in the unit.3
Factory clerks: These employees keep various time, production, and:
other records for production foremen. In addition, some of these,
clerks do considerable manual labor, such as operating machines, clean-
ing and assembling dies and cores, and measuring cables. During the,
absence of regular production employees, factory clerks operate ma-
chines, and during times of depression, many of them accept transfers,
to production and maintenance jobs to avoid being laid off. Some of
them have been promoted to positions of foremen and assistant fore-
men. They are hourly paid, as are the employees in the production,
and maintenance department, and are under the supervision of pro-
duction and maintenance foremen. In accordance with our practice,-
we shall include the factory clerks in the unit.4
Guards: There are 14 guards working under the supervision of a
chief guard.5 The guards are uniformed and deputized,6 but not
armed. They are stationed at the plant gates, where they examine
packages which employees take out of the plant, report employees who-
arrive late, prevent intoxicated employees and unauthorized persons
from entering the plant, order employees to cease violating plant rules-
and report employee infractions of plant rules to higher authorities.
They also maintain a register for visitors, direct the parking of cars,
and at night make regular rounds and punch clocks. It is apparent
from the foregoing that the guards possess substantial monitorial.
duties in relation to other employees. Accordingly, we shall exclude
them from the unit.?
Watchmen: There are five watchmen, all of whom work under the-
supervision of the chief guard. They are neither uniformed, armed,
nor deputized. Their primary duty is to make regular rounds of the-
plant and grounds for the purpose of protecting the plant buildings,
against damage by fire and leaking faucets and pipes. They relieve
guards for a few minutes at a time several times a day and when they
do so they have the same authority as the guards. Inasmuch as the
3 Matter of The Babcock it Wilcox Co , 65 N. L. R. B 83; Matter of W. M. Bassett Furni-
ture Indust, ies, Inc , 65 N L R B 781 , Matter of Welch Furniture Company, 65 N L R B.
1197, Matter of The Chase-Shawmut Company, 71 N. L. R. B 610; Matter of Northwest
Engineering Company, 73 N. L R B 40.
4 Matter of Northwest Engineering Company, supra; Matter of Goodman Manufacturing
Company, 58 N L. R B. 531 , Matter of Guilford Hosiery Company, 70 N. L. R. B. 1047.
5 All parties agree that the chief guard is a supervisor.
9 All guards, except one recently hired, have been deputized by the city of Passaic Police
Department.
7 Matter of Ingalls Shipbuilding Corporation, 59 N. L. R B. 924; Matter of Columbian
Paper Company, 60 N L. R. B 1201; Matter of Electra Metallurgical Company, 69
N. L R B 772.
1190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duties of watchmen are primarily custodial in nature, rather than
monitorial, we shall include them in the unit."
Leadmen: The Petitioner contends that there are 22 leadmen in
the plant and that they should be excluded as supervisors. The pay.
roll prepared by the Employer and submitted in evidence indicates
that only 6 employees are designated as leadmen. The Employer and
the Plant Council contend that leadmen are not supervisors and should
be included in the unit.
Each leadman receives record sheets and order cards describing
the work to be done from his department foreman. The leadman
transmits this information to the other employees in his group with
whatever instructions for work performance that may be necessary.
The leadman also sets up machines and provides machine operators
with materials. However, the greatest part of the leadman's time is
-spent in ordinary production work. Leadmen are hourly paid, as
are production and maintenance employees, whereas foremen are
salaried. Production and maintenance employees on occasion have
requested pay increases through leadmen and such requests have been
transmitted by the latter to their foremen. However, recommenda-
tions of leadmen accompanying these requests do not carry weight
with the Employer. Leadmen do not have authority to change or
-effectively to recommend a change in the status of other employees.
We find that the leadmen are not supervisors within the Board's
-customary definition. We shall include them.
We find that all hourly paid production and maintenance employees
-of the Employer at its Passaic plant, including the janitor in the
research department, watchmen, set-up men, powerhouse firemen,
factory clerks, and leadmen, but excluding all other research depart-
ment employees, office employees, guards, foremen, assistant foremen,
superintendents, production managers, the chief guard, 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 unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The Okonite Company, Passaic,
New Jersey, an election by secret ballot shall be conducted as early as
possible, but not later than thirty (30) days from the date of this
s Matter of Hannah Pickett Mills Company, 69 N. L R. B. 413; Matter of Northwest
Engineering Company, supra ; Matter of The Chase -Shawmut Company, 71 N. L. R. B. 610.
THE OKONITE COMPANY 1191
Direction, under the direction and supervision of the Regional Di-
rector for the Second Region, acting in this matter as agent for the-
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately 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 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, to determine whether or not they desire to be-
represented by United Electrical, Radio and Machine Workers of
America, C. I. 0., for the purpose of collective bargaining.