Thomas-Wiener Co.

National Labor Relations Board - Board Decisions

Jan 13, 1954

107 N.L.R.B. 789 (N.L.R.B. 1954)

THOMAS-WIENER COMPANY 789
munity of interest with the other production and maintenance
employees , we shall, notwithstanding his experimental duties,
include him in the unit.8
The timekeepers: The Employer employs three timekeepers
whose duties are to check and collect timecards and to record
from them the piecework earnings of the production employees.
The timekeepers are located in the factory area and are under
the ultimate supervision of the chief accountant. We find that
the timekeepers are plant clerical employees who may properly
be included in a production and maintenance unit notwithstand-
ing the fact that they are under different supervision than the
other production and maintenance employees. 9
We find that the following employees constitute a unit
appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act: All production and
maintenance employees of the Employer at its Faribault,
Minnesota, plant, including the stock clerk, the shipping clerk,
the receiving clerk, production control clerks, the maintenance
department clerk, the methods man, timekeepers , setup men,
and group leaders," but excluding the superintendent, the
assistant superintendent, the chief inspector, office employees,
the methods engineer , the resident engineer , professional
employees, guards, and supervisors as defined in the Act. u
[Text of Direction of Election omitted from publication.]
8J. I. Case Company, 105 NLRB 638.
9 General Electric Company, 106 NLRB 364.
lU The parties with the exception of the IBEW agreed that the setup men and group leaders
are not supervisors within the meaning of the Act. The IBEW took no position as to these
classifications. As the setup men and group leaders do not have the authority to hire, discharge,
discipline, or effectively to recommend such action, we find that they are not supervisors
within the meaning of the Act. Meier Electrical & Machine Co., Inc., 107 NLRB 143 Accord-
ingly, we include them in the unit.
ii The Employer, the Petitioner, and the Minnesota Factory Workers' Union would exclude,
and the IBEW would include, the three time-study men. As the record does not contain suf-
ficient information to warrant a unit determination at this time , we shall allow the time-
study employees to cast challenged ballots in the election hereinafter directed.
THOMAS-WIENER COMPANY and BAKERY & CONFECTION-
ERY WORKERS' UNION, LOCAL 149, AFL, Petitioner. Case
No. 32 -RC-704. January 13, 1954
ORDER PERMITTING WITHDRAWAL OF PETITION WITH
PREJUDICE
On November 30, 1953, the Board issued a Decision and
Direction of Election in the above-entitled proceeding. By
telegram dated December 17, 1953, the Board was administra-
tively advised that the Petitioner has requested permission to
withdraw its petition for certification of representatives pre-
107 NLRB No. 179.
790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
viously filed herein and that the Employer has no objection
thereto. The Board having duly considered the matter,
IT IS HEREBY ORDERED that the Petitioner's request to
withdraw petition be, and it hereby is, granted with prejudice
to) its filing a new petition for a period of 6 months from the
date of this Order, unless good cause is shown why the Board
should entertain a new petition filed prior to the expiration of
such period.
By direction of the Board:
Ogden W. Fields,
Associate Executive Secretary.
BAUSCH & LOMB OPTICAL COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS. Case No.. 3-CA-485. Jan-
uary 13, 1954
DECISION AND ORDER
On March 30, 1953, Trial Examiner Stephen S. Bean issued
his Intermediate Report in the above-entitled proceeding,
finding that the Respondent had engaged in and was engaging
in certain unfair labor practices and recommending that it
cease and desist therefrom and take certain affirmative
action, as set forth in the copy of the Intermediate Report
attached hereto. The Trial Examiner also found that the
Respondent had not engaged in certain other unfair labor
practices and recommended that the complaint be dismissed
in that respect. Thereafter, the General Counsel and the
Respondent filed exceptions to the Intermediate Report and
supporting briefs. The Respondent's request for oral argument
is hereby denied as the record and the exceptions and briefs
adequately present the issues and positions of the parties.
The Board has reviewed the rulings made by the Trial
Examiner at the hearing and finds that no prejudicial error
was committed. The rulings are hereby affirmed. The Board
has considered the Intermediate Report, the exceptions and
briefs, and the entire record in the case, and hereby adopts
the findings, conclusions, and recommendations of the Trial
Examiner.
ORDER
Upon the entire record in the case,, and pursuant to Section
10 (c) of the National Labor Relations Act, as amended, the
National Labor Relations Board hereby orders that the Re-
spondent, Bausch & Lomb Optical Company, Wellsville, New
York, its officers, agents, successors, and assigns, shall:
107 NLRB No. 157.