The Studebaker Corp.

National Labor Relations Board - Board Decisions

Oct 11, 1949

86 N.L.R.B. 460 (N.L.R.B. 1949)

In the Matter of THE STUDEBAKER CORPORATION, ST. LOUIS, MISSOURI
PARTS DEPOT, EMPLOYER and AUTOMOTIVE PETROLEUM AND ALLIED
INDUSTRIES EMPLOYEES, UNION No. 618, AFFILIATED WITH I. B. OF
T. C. W. H. or A., AFL, PETITIONER
Case No. 14-RC-799.-Decided October 11, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Harry G.
Carlson, hearing officer. 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-member panel [Members Houston, Reynolds, and
Murdock].
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 organization involved claims to represent certain
employees of the Employer.
3. A question affecting commerce exists 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 following employees of the Employer at its St. Louis, Mis-
souri depot, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act:
All office employees,' excluding all other employees of the Employer,
I Employer moved to dismiss the petition , contending that the Petitioner may not repre-
sent the office workers because it is already the certified bargaining representative for all
other employees at the Employer's depot, excluding the office workers and supervisors.
The Board has frequently held that clerical employees , although generally excluded from
units of production and maintenance workers, may constitute separate appropriate units
and may be represented therein by whatever bargaining agency they choose. Matter of
Chrysler Corporation, 76 N. L. R . B. 50 ; Matter of Art Metal Construction Company,
75 N. L . it. B. 80; Matter of International Salt Company, Inc., 74 N. L. R . B. 1253 ; Matter
of Swift & Co ., 65 N. L. it. B. 423.
86 N. L. R. B., No. 65.
460
THE STUDEBAKER CORPORATION 461
guards, professional employees , and all supervisors as defined in the
Act.2
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 super-
vision 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, among the employees in the
unit found appropriate in paragraph numbered 4, 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 and 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 bargaining,
by Automotive Petroleum and Allied Industries Employees, Union
No. 618, affiliated with I. B. of T. C. W. H. of A., AFL.
2 Employer urges the exclusion from the unit of the secretary -stenographer , contending
that she is a confidential employee . This employee takes dictation from the manager
and assistant manager , and handles the filing of correspondence pertaining to records,
reports, and qualifications of other employees . All general labor policies affecting such
matters as wages, normal hours of employment , and conditions of employment, are formu-
lated by the Employer at its home office. The local manager has the responsibility only
of determining whether or not employees meet required qualifications . Advancements are
automatic If the qualifications are met. We find that the secretary -stenographer does not
assist In a confidential capacity anyone handling the Employer ' s general labor relations.
Accordingly , we shall include this employee in the unit. See Matter of Inter-Mountain
Telephone Company, 79 N. L . R. B. 715; Matter of Automatic Electric Company, 79
N. L. R. B. 1057.