The Peal Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 24, 1948

80 N.L.R.B. 827 (N.L.R.B. 1948)

In the Matter of THE PEAL MANUFACTURING COMPANY 1 and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, DISTRICT 34, LODGE No. 789
In the Matter of THE PEAL MANUFACTURING COMPANY and INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE-
MEN AND HELPERS OF AMERICA, LOCAL, No. 100, AFL
Cases Nos. 9-RC-241 and 9-RC-264, respectively. Decided Novem-
ber 24, 1948
DECISION
ORDER
AND
DIRECTION OF ELECTION
Upon petitions duly filed, a consolidated hearing was held before a
hearing officer of the National Labor Relations Board. The hearing
officer's rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members. *
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent em-
ployees of the Employer.
3. Questions affecting commerce exist concerning the representa-
tion of employees of the Employer, within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, Local No. 100, AFL, herein called
the Teamsters, seeks a unit of all shipping room employees, including
the mule driver working out of the shipping room, and all truck
' The Employer's name appears as amended at the hearing.
'Houston, Reynolds , and Murdock.
80 N. L. R. B., No. 130.
827
828 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
drivers employed by the Employer at its Cincinnati, Ohio, plant.
The International Association of Machinists , District 34, Lodge No.
789, herein called the I. A. M., seeks a unit of all production and main-
tenance employees , excluding group leaders , office and clerical em-
ployees, guards , professional employees , and supervisors as defined in
the Act. The I . A. M. has no objection to the unit petitioned for by
the Teamsters . The Employer contends that the appropriate bar-
gaining unit is one embracing all of its employees at its plant includ-
ing group leaders, but excluding the office and clerical employees,
guards, professional employees and supervisors as defined in the Act.
The Employer is engaged at its Cincinnati , Ohio, plant in the busi-
ness of manufacturing aluminum kitchenware and allied products.
The plant consists of 1 five-story building and basement . The Em-
ployer employs approximately 130 employees . Production opera-
tions are performed on every floor except the fifth which is used for
stock purposes only. Though a conveyor line system is used on the
second floor, in general , no special sequence is followed in the produc-
tion of the finished products . The shipping room is located on the
first floor and consists of 3 employees and a shipping foreman. The
record reveals that no position of mule-driver exists as such in the
plant. In fact, the lift-truck is operated by various laborers as well
as the shipping and stock supervisor . There is a truck driver who
operates the Employer 's single over-the-road truck on an average of
4 to 5 hours daily. When not on the truck , he may be assigned to any
other department in the plant where he may perform various laboring
tasks. With the exception of the shipping room, the maintenance
room, and the tool and die room, the employees may be interchanged
among departments. All employees are paid by the hour , carried on
the same pay roll, work the same shift , and have similar working
conditions.
As regards the question of appropriateness of a unit limited to
shipping room employees and all truck drivers , the record clearly
reveals that the shipping room is closely integrated with the Em-
ployer's production operations. Further, the truck driver 's duties
bring him in close contact with all other plant employees and a sub-
stantial part of his time is spent in other duties.2 The shipping room
foreman has no authority over the truck driver who is under the
direct control of the shipping and stock supervisor . There exists a
close interrelation between all employees in the plant . While the
Board has on occasion , found units limited to shipping and similar
employees appropriate , in view of the integrated character of the
Employer's operations , the lack of distinguishing skills on the part
of the employees involved , and the fact that the I. A. M. is seeking
2 See Matter of Pittsburgh Plate Glass Company, 76 N. L. R. B. 452.
THE PEAL MANUFACTURING COMPANY 829
to represent the employees on a plant-wide basis, we hold that it
would be inappropriate in Case No. 9-RC-264 to establish a unit of
employees confined to the shipping room and including the truck
driver. Accordingly, we shall include the shipping room employees
and the truck driver in the plant-wide production and maintenance
unit hereinafter found appropriate.'
There remains for consideration the question whether three group
leaders, "on-the-job" trainees, should be included within the unit peti-
tioned for by the I. A. M. The Employer has three ex-servicemen
on its pay roll who are in training for supervisory positions.' These
are the "on-the-job" trainees in dispute. The period of training is
for 2 years. As the Employer's needs may require, and as part of
their normal training, trainees for supervisors are assigned as group
leaders to perform certain duties. As group leaders, they supply
material to the operators, making certain that each operator has a
sufficient quantity and seeing that the proper material flow is main-
tained. They have no power to hire or fire or make any recommenda-
tions with reference to a change in status of any employee. Their
eventual appointment to positions as supervisors is not assured.
We do not agree with the I. A. M.'s contention that these trainees
should be excluded from the unit. Although being trained to qualify
for supervisory positions, trainees, during their period of training,
have a distinct community of interest with other production and
maintenance employees, founded on similarity of terms and condi-
tions of hire, and conformity to like rules and regulations.5 They
may assign work to regular employees for the normal processing of
which they are held responsible, but, as trainees, they are not super-
visors as defined by the Acts We shall include them.
We find in Case No. 9-RC-241 that all production and maintenance
employees of the Employer, including the group leaders, shipping
room employees and truck driver, but excluding all office and clerical
employees and supervisors as defined by the Act, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
ORDER
IT is HEREBY ORDERED that the petition for investigation and certifica-
tion of representatives of employees filed by the Petitioner in Case
No. 9-RC-264 herein, be, and it hereby is, dismissed.
3 Matter of Chicago Rivet and Machine Company, 57 N. L. R. B. 1585
4A fourth ex-serviceman, Jimmie Maier , although registered under the veterans ' train-
ing program , is conceded to hold supervisory duties as defined in the Act.
5 Matter of Bell and Hou ell Company, 49 N L it. B. 42.
8 Matter of Plastic Corporation , 72 N. L . R. B 1341.
830 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election
by secret ballot shall be conducted as early as possible, but not later
than 30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Region in which this
case was heard, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations-Series 5, as amended,
among the employees in the voting group described above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, 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 rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bar-
gaining, by International Association of Machinists, District 34,
Lodge No. 789.