The Procter & Gamble Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 18, 1945

64 N.L.R.B. 314 (N.L.R.B. 1945)

In the' Matter of THE PROCTER & GAMBLE MANUFACTURING Co.. and
INTERNATIONAL CHEMICAL WORKERS UNION7 LOCAL 2Q6, A. F. of L.
Case No. 5-R-192.Decided October 18, 1945
Mr. George W. McLaughlin,,of New York City, and Mr. M' R.
Schrader, of Baltimore, Md., for the Company.
Messrs. John E. Lewis and Henry A. McFarland, of Baltimore, Md.,
for the A. F. L.
Messrs. Louis A. Doering, Peter Feimer, Harry Bryant, and Michael
D. Pawlowicz, of Pikesville, Md., for the Association.
Mr. Sidney Grossman, of counsel to the Board.
DECISION -
AND
-DIRECTION OF ELECTION'
STATEMENT OF THE CASE
Upon a petition duly filed by the International Chemical Workers
Union, Local 206, A. F. of L., herein called the AFL, alleging, that a
question affecting commerce had arisen concerning the representation
of employees of The Procter & Gamble Manufacturing Co., Balti.
more, Maryland, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Earle K. Shawe, Trial Examiner. Said hearing was held at
Baltimore, Maryland, on June 28, '1945. The Company, the AFL,
and the P & G Employees' Association, -Inc., herein called the Asso-
ciation, appeared and participated. All parties 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. All parties were afforded an opportunity to file
briefs with the Board. I
Upor '-he entire record in the' case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Procter & Gamble Manufacturing Co., an Ohio corporation, is
engaged in- the manufacture of soap and glycerin and related products
64 N. L . R. B. No. 57.
314
THE PROCTER & GAMBLE MANUFACTURING CO. 315
in approximately 1,0 factories located in 10 States. This proceeding is
concerned with the Company's Baltimore, Maryland, plant which is
engaged in producing soap and glycerin. The Company's annual
purchase of raw materials for use at its Baltimore plant is in excess
of $25,000 in value, of which at least 25 percent is secured from sources
outside the State of Maryland. Its annual business volume at its
Baltimore plant is in excess of $50,000 and approximately 40 percent
of its finished products is shipped to points outside the State of Mary-
laird. '
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
.International Chemical Workers Union, Local 206, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of'the Company.
P & G Employees' Association, Inc., unaffiliated, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION : CONCERNING REPRESENTATION
On April' 6, 1945, the AFL addressed a letter ' to the Company
wherein it requested recognition as the bargaining representative of
the Company's employees, at its Baltimore, Maryland, plant. The
`Company refused to accord the AFL such recognition?
A statement of a Board agent, introduced into evidence at the hear-
ing; indicates, that the AFL and the Association each represents a
substantial number of employees in the unit hereinafter found
appropriate.2
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 AFL seeks a unit comprised of all production and maintenance
employees at the Company 's Baltimore ; Maryland , plant, including
' The Association has had exclusive bargaining contracts with the Company since 1937
The last contract , entered into on March 1 , 1944, continued for a period of 1 year and
contained it 60-day automatic renewal clause . As a result of a series of extensions, this
contract was extended to August 1. 1945 Neither the Company nor the Association now
urge that the contract , of March 1 944, as extended , precludes a present determination of
representatives
2 The Field Examiner - reported that the,,.-AFL : submitted 86 application cards , of.which
82 represented the names of persops , appearing on the Company ' s pay roll ' of'May 1, 1945,
in an alleged appropriate unit consisting of 200 employees . He further reported that the
Association submitted 131 application cards in an alleged appropriate unit consisting of
235 employees The Association also relies upon its contract with the Company as evidence
of its representation interest. '
316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the storeroom clerk, cafeteria workers, and stationary engineers, but
excluding laboratory analysts, watchmen, office and factory. clerical
employees, time bonus checkers, the draftsman, the nurse, time-study
engineers, the counsellor, the safety man, the superintendent's secre-
tary, the cashier, crew leaders, the office manager, and all other super-
visory employees. The Company and the Association contend that
the unit should be coextensive with the bargaining unit for which the
Association had been accorded recognition, by the Company 3
Office clericals. The AFL would exclude the PBX operator, the
typist, and the clerk-typist as clericals 4 Similarly, it' would exclude
the assistant cashier, the requisition clerk, the invoice clerk, and cost
clerks who are classified by the Company as factory clericals. In
support of their contention that these employees should be included in
the unit, the Company and the Association rely upon an 8-year con-
tractual bargaining history,during which period both office and factory_
clericals were part of the unit. \ otwithstanding the job classifications'
assigned to these employees by the Company, we regard all as office
clericals inasmuch-as they perform general clerical duties in the main
office a4 id generally are under maiii office supervision. While it is true
that we normally will not,'disturb _the -contract unit established as a
result of collective bargaining,' we will'not adhere to such a`unit where,
as here, inclusion'is sought of employees including -office clericals,
whom we have consistently held should bargain in'a unit separate and
iipart from the production and maintenance employees, because of the
high degree of dissimilarity in their work, working conditions, and in'-
terests.6 • Accordingly', we shall exclude the office clericals.'
b'actory clericals,s watcknwq?, and laboratory'analysts. The Com-
pany and the Association would include; and, 'with the exception of
3 The contract of March 1944 provided "The word 'employees ' shall mean all employees
of the Baltimore Plant of the Employer , except superv isory- employees which shall include
the superintendent , supervisors , foremen , subforemen ,' and foreladies ." The Company does
not have subforemei or foreladies in- its employ "' Also excluded from , the contract, ,in
accordance with 'the understanding of the Company and the Association , were time-studs
engineers , the cashier , the superintendent's secretary , the counselloi , and the safety men.
Classified by the Company as finctory office clericals. -
See Matter of Petcisen € Lytle, 60 N L . R B. 1070
See Matter of E. I du Pont rte Nemouis if Company, Inc, Rayon Decision , 62 N L R B.
146
The Company also urges in its brief that inasmuch as office' clericals were included
in the consent election agreement executed by the parties on May 9, 1945, and approved by
the Regional Director they should now be included in the unit This agreement was
abandoned after the AFL withdrew its consent because of a dispute as to the number, of
office clericals in the Company ' s employ -We do not agree with the Company ' s contention.
A consent election agreement which does not result in either a certification or, it any
collective bargaining history cannot be deemed determinative of the appropriate unit. See
Matter - of Lone Star Gas Company , 61 N L It B 766
8 The Company classifies the following categories as'factory clericals . storeroom clerk,
time bonus checker , shipping department clerk, receiving clerk , order clerk, traffic clerk,
process clerk , A E cost and mechanical department clerk , tank and boiler inspector , nurse,
and draftsman . Although also classified as factory , clericals , we do not regard the assistant
caslier„the requisition clerk , the invoice - clerk , and cost clerks as falling within this group,
and, as indicated above, have excluded them as office clericals , - ,
THE PROCTER & GAMBLE MANUFACTURING CO. 317
'the storeroom clerk, the AFL would exclude these employees. Fac-
tory clericals, watchmen, and laboratory analysts traditionally have
been included in the contract unit.' As we previously stated, 'O we
shall adhere to our usual practice and not disturb the contract unit
established as the result of collective bargaining between the Company
and the Association in the absence of any compelling circumstances
justifying a departure therefrom. The record does not disclose that.
these employees perform any' duties that, as in the case' of the office
clericals, would warrant their exclusion from the unit despite a bar-
gaining history to the contrary. We shall, therefore, include the tae-
tory clericals, watchmen, anti the laboratory analysts.
Frank Reichenberg. The Company and the Association would in-
clude this employee' who is hourly paid and has charge of the fire
equipment in the factory. The AFL opposes his inclusion'as a super-
visory employee. Although the AFL introduced evidence purporting
to.sliow that Reichenberg is occasionally assisted by other employees
and that in the past he reported employees for smoking, the record
discloses that it is not part of his job to make such reports. As in the
case of office clericals, the Board normally excludes supervisory em-
ployees from a collective bargaining unit notwithstanding their in-
clusion under a prior contract. However, in the absence of any.sub-
stantial evidence that Reichenberg possesses supervisory authority
consonant with our customary definition, and inasmuch as he was
included in the previous contract unit, we shall include him,
Charles Horner and Edward Jeffries. " Although the Company and
the Association regard these employees as, crew leaders, they would
include them in the unit as non-supervisory employees. The AFL
contends that they are subforemen who possess supervisory authority
and, therefore, should be excluded. The record discloses that Horner
is a highly skilled electrician who occasionally, directs the work of less
experienced men and earns slightly more than the highest paid me-
chamcs in the plant. Although.the AFL introduced evidence pur-
porting to show that Horner'may make recommendations with respect
to the inen under him and may discipline them, the only incident re-
ferred to consists of a complaint made to his foreman several years
ago concerning the insobriety of another employee. Jeffries; a crew
leader in the pipe`fitter's gang, possesses substantially the same respon-
sibilities as Horner; the evidence submitted by the AFL does not reveal
that he possesses any supervisory authority. The crew leaders coordi-
'The nurse and the draftsman perform respectiveli, professional and technical duties
usu,ilh associated with such employees , the tank and boiler inspector is chiefly concerned
with inspection and 'does not possess any bupeivisory authoritN, and,the time bonus checkers
perform duties u'suull'v attributed to timekeepers and time checkers Thei,watchnien arc
not deputized or militarized nor do they perform any monitorial duties, and are chiefly
concerned with plant protection The laborator} anaiy,tb make routine tests and analys
and To not possess' any high degree of technical shill,
10 See Matter of Petersen it Lytle, supra.
318' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nate the-activities of their men, perform substantial manual labor, and,
are responsible to the foremen in'their respective departments. We
are not persuaded that either Horner or Jeffries possesses supervisory
authority within the meaning of our customary definition and inas-
much as they were part of the previous contract, unit, we shall include
them. , , •
We find that all, production and, maintenance employees" at the6
'Company's Baltimore, Maryland, plant, including cafeteria employees,
stationary engineers, watchmen, laboratory analysts, the tank and
boiler inspector, time bonus checkers, factory clericals'12 the draftsman,
the nurse, and crew leaders'13 but excluding office clericals,14 the coun-
sellor, the safety man, the, superintendent's secretary, time-study engi-
neers, the cashier, the office manager, the superintendent, supervisors,
foremen, and all or any other supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively. recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. TIIE DETERMINATION , OF REPRESENTATIVES
We'shall direct that the question concerning -representation which
has arisen be.resolved by an election 'by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein,, 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 -S•e'ction'' 9 (c)"'of the 'National Labor Pe-'
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 Procter &
Gamble Manufacturing Co., Baltimore , Maryland, 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 Fifth Region , acting in
" Including Frank Reichenberg.
" Falling within this group are the storeroom clerk, the shipping, department clerk, the
receiving clerk, the order clerk, the traffic clerk, the"process clerk, and the A. E. cost and
mechanical department clerk.
=Charles Horner and Edward Jeffries.
" Falling within this group are'the PBX operator, the typist, the clerk-typist, the invoice
clerk, the requisition clerk, the, assistant cashier, and cost clerks.
THE PROCTER & GAMBLE MANUFACTURING CO. 319
this matter as agent for,the National Labor Relations Board, and
subject to Article III, Sections '10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate, 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 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 discharged for cause
and have not' been reinstated or rehired prior to the. date of the
election, to determine whether they desire to be represented by Inter-
national Chemical, `Yorkers Union, Local 206, A. F. of L., or by the
P & G Employees' Association, 'Inc., for the purposes of collective
bargaining, or by neither. ,
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.