The Procter & Gamble Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 27, 1945

64 N.L.R.B. 1555 (N.L.R.B. 1945)

In the Matter of THE PROCTER & GAMBLE MANUFACTURING Co. and
SOAP WORKERS ORGANIZING COMMITTEE OF THE UNITED PACKING-
HOUSE WORKERS OF AMERICA, C. I. O.
Case No. 1-R-2433.-Decided December 07, 1945
Mr. George W. McLaughlin. of New York City, and Mr. Perry
Fullcerson, of Milton, Mass., for the Company.
Mr. [Meyer Stern, of New York City, for the C. I. O.
Mr. Edward C. Kirmpton, of North Scituate, Mass., for the Associa-
tion.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Soap Workers Organizing Committee
of the United Packinghouse Workers of America, C. I. 0., herein
called the C. 1. 0., alleging that a question affecting commerce had
arisen concerning the representation of employees of The Procter &
Gamble Manufacturing Co., Quincy, Massachusetts, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Leo J. Halloran, Trial Ex-
aminer. The hearing was held at Boston, Massachusetts, on August
1, 1945. The Company, the C. I. 0., and the Procter & Gamble Em-
ployees' Association of Quincy, Inc., herein called the Association,
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 opportunity to file briefs with the Board.
After the hearing, the C. I. O. filed a motion to reopen the record.
The motion is hereby denied.
64 N L R B., No. 254.
1555
1556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the 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, glycerine, and allied products.
For this purpose it operates plants in the States of Georgia, Virginia,
New York, California, Texas, Maryland, Missouri, Kansas, and Mas-
sachusetts. We are concerned herein with the Company's plant at
Quincy, Massachusetts.
A substantial portion of the raw materials used by the Company at
its Quincy plant is obtained from points outside the Commonwealth
of Massachusetts. The Quincy plant annually manufactures finished
products valued in excess of $250,000, of which approximately 25 per-
cent is shipped to points outside the Commonwealth of Massachusetts.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
11. THE ORGANIZATIONS INVOLVED
Soap Workers Organizing Committee of the United Packinghouse
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, and Procter & Gamble Employees' Association of Quincy,
Inc., unaffiliated, are labor organizations, admitting to membership
employees of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as
the exclusive representative of certain of its employees because of a
contract with the Association.
On or about June 10, 1944, the Company and the Association ex-
ecuted a collective bargaining agreement which provided, inter alia,
that it "shall continue in effect until June 1, 1945, and from year to
year thereafter until 60 days prior to any annual termination, notice
shall be given in writing by one of the parties of desired modifica-
tions." On April 4, 1945, notice of a desire to terminate was given-
by the Association, which was accepted as timely by the Company.
On April 17, 1945, the C. I. O. served notice upon the Company of its
claim to representation. Neither the Company nor the Association
asserts that the contract is a bar to a current determination of repre-
sentatives, and we find that it is not.'
i Matter of Swift iG Company, 58 N L R. B 1258
THE PROCTER & GAMBLE MANUFACTURING CO . 1557
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the C. I. O. represents a sub-
stantial number of employees in its proposed unit.'-
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 C. I. O. seeks a unit comprised of all production and mainte-
nance employees at the Company's Quincy plant, excluding office and
clerical employees, laboratory employees, watchmen, cafeteria em-
ployees, part-time employees, supervisory employees of the grade
of foreman and above, and certain named individuals.' The Company
and the Association assert that the grouping which, has been repre-
sented by the Association since 1940, including all employees of the
Quincy plant, except supervisory employees of the grade of foreman
and above, and certain confidential, managerial, professional, and
technical workers,4 is the only appropriate unit.
Clerical Employees: The Company employs both office and factory
clerical employees who have formed part of the unit represented by
the Association for several years. However, in the absence of special
circumstances, this factor is not controlling with respect to the in-
clusion within a production and maintenance unit of office clerical
employees.' Insofar as such employees are concerned, because of their
interests and the nature of their work, we have usually separated them
from production and maintenance employees, despite a prior bargain-
ing history to the contrary." Accordingly, in this proceeding we shall
exclude all office clerical employees. On the other hand, past bargain-
ing history is ordinarily a controlling factor with respect to the in-
clusion of fringe groups; such as factory clericals. Consequently, in
the instant case, we shall include all factory clericals."
The Field Examiner repotted that the C I 0 submitted 54 designations a inch
"checked" with the Company's pay toll for the week ending April 28, 1945, and that there
were 173 employees in the C. I O's proposed unit
The contract of June 10. 1944, upon which the Association relies for its interest in this
proceeding, provides that "as a condition of employment all future employees hired by the
[Company] shall become members of the Association within 1 month of their emploimcnt
1 It Fish, C Clark, and Al Cardone
4 The confidential, managerial, professional and technical employees are the secretary to
the superintendent, the nurse, the cashier, the employment interviewer, the safety engineer,
and the time -study engineer. The C I 0 agrees that they are properly excluded
See Matter of Procter & Gamble Manufactuttnq Company. 62 N L R B 1262 ; 64
N. L. It. B. 314. Cf. Matter of Pennsylvania Power & Light Company, 64 N L R B 874.
8 See cases cited in footnote 5, supra.
' See Matter of Petersen & Lytle, 60 N L. R. B. 1070
8 The Company engaged employees classified as time bonus checkers (4), R & B cost
clerk, packing materials clerk, S & S clerk, shipping clerk, glycerin clerk, draftsman,
process checker, "steam, water and power" engineer, traffic clerk, shipping department
clerk (2), order clerk ( 2), clerical auditor, cost accountant clerk (3), and pay-roll clerk,
all of whom it designated at the hearing as factory clericals On the,basis of the evidence
1558 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Laboratory Employees: The Company employs eight analysts and
one sample and warehouse inspector in its laboratory. The analysts
perform routine laboratory tests. The inspector samples current pro-
duction and inspects the conditions of products in storage. None of
these employees performs any research functions, and they are not
required to have had any previous specialized training. They are
subject to the same rules as the production and maintenance Workers,
and are entitled to the same company benefits. The record indicates
that there have been interchanges between the laboratory and the
production and maintenance personnel. Under these circumstances,
and inasmuch as they have been bargained for together with the pro-
duction and maintenance employees, we shall include the laboratory
employees.9
Watchmen: The Company employs five watchmen Who perform the
duties associated with this classification. They are unarmed, and are
neither deputized nor militarized. They too have previously been
included within the unit represented by the Association. We shall
include them.10 . .
Cafeteria Employees: The Company employs two cafeteria em-
ployees who have previously been part of the collective bargaining
unit represented by the Association. We shall include them lr
Part-time Employees: The record indicates that the Company em-
ploys eight or nine part-time workers who regularly Work 4-hour
shifts. We shall, in accordance with our usual policy, include them12
R. Fish: This employee is designated by the Company as an auto
driver. In addition to his driving duties, he performs mechanical
work. We were not persuaded as to the propriety of his exclusion, since
he has previously been included as part of the bargaining unit repre-
sented by the Association. Accordingly, we shall include him.
We find that all production and maintenance employees of the
Company, including factory clerical employees, laboratory employees,
adduced and prior decisions concerning other plants of the Company (62 N 1, R B 1262 ;
64 N. L R B 314), we find that all the foregoing employees, except the older clerks,
clerical auditor, cost accountant clerks. and the pay-roll clerk are actually factory clericals
They are included as such. But, upon the basis of the record and cases previously cited, we
conclude that order clerks and the pav-roll clerk are, in reality, office clerical employees
They are excluded as such Although their titles would indicate that they are office
clericals , the status of the clerical auditor and the cost accountant clerk is not clearly
reflected by the record If the duties of the employees in these classifications are performed
primarily in the office, and if they are under the supervision of office employees, they shall
be excluded as office clerical employees , other« ise they will be included as factory clerical
workers. '
9Matter of Procter f Gamble Manufactui up Company, supra
10 See Matter of Nebraska Power Company. 46 N L R B 601 , Matte) of Colorado
Portland Cement Company, 45 N. L R B. 197 The C 1 O's objection to the inclusion of
C. Clark, designated by the Company as a mechanic's helper is based upon the fact that he
acts as a part-time watchman In view of out finding above, we shall include Clark
11 See Matter of B P' Goodrich Company, 64 N L It 14 794. The C. I 0 s objection to
the inclusion of l\f Cardone is piedicated upon the fact that, although a production worker,
she works part time in the cafeteria . We shall include Cardone
12 See Matter of New Britain Maclime Company , 48 N I, R B 263
THE PROCTER & GAMBLE MANUFACTURING CO. 1559
cafeteria employees, watchmen, part-time employees, and the auto
driver,13 but excluding office clerical employees, the secretary to the
superintendent , the nurse , the cashier , the employment interviewer,
the safety engineer, the time-study engineer, foremen, and all other
supervisory employees, with authority to hire, promote, discharge, dis-
cipline, 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.
V. THE DETEI ][ INATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
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 Section 9 (c) of the National Labor Relations 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 represent-
atives for the purposes of collective bargaining with The Procter &
Gamble Manufacturing Co., Quincy, Massachusetts, an election by
secret ballot shall be conducted as early as possible, but not later than
sixty (60) days from the date of this Direction, under the direction
and supervision of the Regional Director for the First Region, acting
in 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 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 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 they desire to be represented by Soap
Workers Organizing Committee of the United Packinghouse Workers
of America, C. I. 0., or by the Procter & Gamble Employees' Associ-
ation of Quincy, Inc., unaffiliated, for the purposes of collective bar-
gaining, or by neither.
11 R Fish