United States Gauge Co.

National Labor Relations Board - Board Decisions

Sep 28, 1945

63 N.L.R.B. 1254 (N.L.R.B. 1945)

In the Matter Of UNITED STATES GAUGE COMPANY and AMERICAN
FEDERATION OF LABOR, FOR AND ON BEHALF OF OFFICE EMPLOYEES
INTERNATIONAL UNION AND INTERNATIONAL FEDERATION OF TECH-
NIOAL ENGINEERS ', DRAFTSMEN 'S, AND ARCHITECTS ' UNIONS
Case No. 4-R-1738.-Decided September 28, 1914
Mr. Phillip W. Jones, of New York City, and Messrs. C. W. Ander-
son and D . I. Robinson , of Sellersville , Pa., for the Company.
Mr. George P. Firth, of Pittsburgh , Pa., for the AFL.
Mr. Stanley N. Lentz, of Philadelphia , Pa., for the IAM.
Mr. Harrison W. Erb., of Perkasie , Pa., for the MTD.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by American Federation of Labor, for
and on behalf of Office Employees International Union and Interna-
tional Federation of Technical Engineers', Draftsmen's, and Archi-
tects' Unions, all herein collectively called the AFL, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of United States Gauge Company, Sellersville,
Pennsylvania, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Herman Lazarus, Trial Examiner. The hearing was held at
Sellersville, Pennsylvania, on June 1, 1945. At the commencement of
the hearing, the Trial Examiner granted motions to intervene made
by International Association of Machinists, AFL, herein called the
IAM, and Metal Trades Department, AFL, herein called the MTD.
The Company, the AFL, the IAM, and the MTD appeared," par-
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
1 Metal Polishers, Buffers, Platers and Helpers International Union and International
Molders and Foundry workers Union of North America were served with Notice of Hearing
but failed to appear.
63 N. L. H. B., No. 198.
1254
UNITED STATES GAUGE COMPANY 1255
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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
United States Gauge Company, a Pennsylvania corporation located
at Sellersville, Pennsylvania, is engaged in the manufacture of meas-
uring instruments. In 1944, the Company purchased raw materials
consisting principally of steel, glass, copper and brass, valued at
approximately $1,500,000, about 60 percent of which was shipped to
the Company's plant from points outside the Commonwealth of Penn-
sylvania. During the same period, the Company sold finished prod-
ucts valued at approximately $6,000,000, more than 50 percent of
which was transported to points outside the Commonwealth of Penn-
sylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Office Employees International Union and International Federa-
tion of Technical Engineers', Draftsmen's, and Architects' Unions,
affiliated with the American Federation of Labor, are labor organi-
zations admitting to membership employees of the Company.
International Association of Machinists and Metal Trades De-
partment, affiliated with the American Federation, are labor organi-
zations admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the AFL as the
exclusive bargaining representative of certain of its employees until
the AFL has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the AFL 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.
8 The Field Examiner reported that the AFL submitted 65 membership cards ; that there
were 128 employees in the alleged appropriate unit ; and that the IAM and MTD relied on
a contract between the MTD, of which the IAM Is a constituent union , and the Company
as evidence of interest.
1256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The AFL contends that the following unit is appropriate : all office
and clerical employees and engineering department employees, includ-
ing clerical employees in the foundry, but excluding production clerks,
time clerks, stock clerks, the chief time clerk, the assistant to the stores
supervisor, the assistant to the supervisor of time study, the assistant
to the chief engineer , the market analyst, sales correspondents, the
assistant to the personnel manager, the administrative secretary, the
nurse, watchmen , and all supervisory employees. The MTD has a
contract with the Company and asserts that this contract covers a
unit which includes stock clerks.and time clerks, and that these two
categories should therefore be excluded, as proposed by the AFL ; the
IAM, a constituent of the MTD, takes the same position." The Com-
pany agrees that the unit proposed by the AFL is appropriate, but
objects to the exclusion of time clerks and stock clerks, contending that
they are not embraced by the contract with the MTD, and also asks
for the inclusion of the chief time clerk, the assistant to the stores
supervisor, the assistant to the supervisor of time study, the assistant
to the chief engineer , the market analyst, sales correspondents, the
assistant to the personnel manager, the administrative secretary, the
nurse, and watchmen.4
Stock clerks and time clerks: The Company employs 38 stock clerks
and 19 time clerks whom the MTD and the IAM, as stated above, con-
sider as part of the production and maintenance unit which the MTD
represents. The stock clerks work in the plant itself under the super-
vision of the assistant to the stores manager. Their duties consist of
receiving incoming stock, allocating it to its proper bin, and issuing
stock when a requisition is received. They keep records on these opera-
tions, forwarding the information to stock control ledger clerks. Time
clerks, supervised by the chief time clerk, record on time cards work
performed by employees with the rate applicable, and they compile
reports from the cards for the pay-roll department. They also notify
'The Company recognized the Metal Trades Department , AFL, in 1941, as exclusive
bargaining agent of all the Company ' s employees except office and sales personnel , guards,
watchmen , janitors , the engineering department and all supervisory employees The MDT
entered into a contract with the Company on September 22, 1944, and this contract states
that the MTD is composed of the following unions. "A. Machinists No. 1092; B Molders
and Foundry Workers, Local No. 373, C. Metal Polishers , Local No. 88 " Only Machinists
No. 1092 ( IAM) admits to membership clerical employees. Since Molders and Foundry
Workers, Local No. 373,' does not admit to membership clerical employees in the foundry,
it does not claim such employees are covered by the 1944 contract between the Company
and the MTD. The MTD takes the same position , asserting no claim to clericals in the
foundry.
* All parties agree that "production clerks," whom the Company formerly classified as
departmental clerks, are part of the unit which the IAM represents and should be excluded.
It is also agreed by all parties that all clerical employees in the foundry are not part of the
unit covered by the MTD's contract with the Company and, therefore , should be included
in a unit of clerical and technical employees.
UNITED STATES GAUGE COMPANY 1257
the pay-roll department of absences and of hours worked by employees.
In 1941, the Company recognized the MTD as bargaining agent for
the production and maintenance employees after the U. S. Department
of Labor Conciliation Service conducted a card check; cards signed
by stock clerks and time clerks were accepted by the Company as evi-
dence of interest and the Company submitted a pay roll for the card
check which contained names of employees from both these groups.
In 1942, the National War Labor Board approved the joint application
of the Company and the MTD for a wage increase for all employees
represented by the MTD ; the wage increase applied to stock clerks and
time clerks , but did not cover office clericals . It is thus apparent that
the Company originally recognized both stock clerks and time clerks
as part of the unit represented by the MTD and that the MTD has
bargained for these employees . Therefore , we shall exclude them from
the unit.
Chief time clerk and the assistant to the stores supervisor : The chief
time clerk supervises the 19 time clerks, inspecting their work for ac-
curacy. He also trains new employees in their duties . The assistant
to the stores supervisor works out of the main office supervising' the 38
stock clerks . Both these men may not hire or discharge employees
under them but they may effectively recommend such action . We shall
exclude them as supervisory employes.5
Assistant to the supervisor of time study : This employee is respon-
sible for the work of the time-study men. He examines and approves
the rates prepared by the time-study men and directs them in their
work. He also prepares rate studies for permanent records. He
does not possess authority to hire or discharge the time-study men,
but he may effectively recommend such action . He appears to pos-
sess supervisory authority within the meaning of our customary defi-
nition, and we shall exclude him from the unit.
Assistant to the chief engineer : The assistant is in charge of a large
portion of the interoffice correspondence of the engineering depart-
ment and correspondence with customers relating to technical data.
He assigns work to six stenographers, clerks, and blueprint room
employees , but he has no authority to hire, discharge , or alter the
status of these employees, or effectively recommend such action. He,
therefore , does not possess supervisory authority within our cus-
tomary definition. Inasmuch as he is part of the engineering depart-
ment, we shall include him in the unit.
Market analyst and sales correspondents : The Company employs
one market analyst and three sales correspondents who are part of the
sales department , which is located in the office , and these employees
are under the supervision of the sales manager. The market analyst
6 The chief is also excluded as a time clerk.
1258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
prepares statistical reports for the sales manager on available markets
for the Company's products. He prepares his reports from research
services, Government figures on ships, and other sources; in many
cases his.-work involves mathematical computations only. The mar-
ket analyst does not have any employees working under him and he
is, therefore, without supervisory authority. Furthermore, he does
not make decisions regarding the markets to be developed so as to
indicate that his duties are managerial. The three sales correspond-
ents conduct routine sales correspondence and expedite orders through
the production department to the factory. They also supply infor-
mation to the field sales offices. Although their work concerns sales
in the field, all four employees appear to have interests similar to
those of other office employees. We shall include the market analyst
and the sales correspondents in the unit.
The assistant to the personnel manager and the administrative sec-
retary : The assistant to the personnel manager is in charge of per-
sonnel records and files on the Company's factory employees. In the
absence of the personnel manager, she may interview prospective
employees. Occasionally, she may assist the personnel manager on
minor employee problems. The secretary to the executive vice presi-
dent handles correspondence and maintains records for the vice presi-
dent. Both these office employees in the normal course of their duties
have access to information directly related to labor relations. They,
therefore, appear to be confidential employees. As such, we shall
exclude them from the unit."
Nurse : The Company employs one nurse who is stationed in the
plant itself. She treats minor injuries in the plant and performs the
usual duties of her profession. Since her training, skill, and inter-
ests differ from those of other clerical and technical employees who
comprise the unit, we shall exclude her.7
Watchmen : The seven watchmen employed by the Company are
not militarized and do not bear firearms except on pay days. They
take charge of truck passage through the gates, issuing passes and
keeping records on such transportation. They are responsible for
plant security. Their interests differ substantially from those of
office and technical employees included in the unit and we shall there-
fore exclude them.
We find that all the Company's clerical employees and engineering
department employees,8 including clerical employees in the foundry,
G See Inland Steel Container Company, 56 N. L. R. B. 138.
7 See Matter of Aluminum Company of America, The Aluminum Cooking Utensil Com-
pany, and Aluminum Seal Company , 61 N. L. R. B. 180.
6 The Board has customarily, in the absence of opposition from any parties , included
technical and clerical employees within a single unit Matter of Consolidated Vultee
Aircraft Corporation ( San Diego Division ), 54 N. L . R. B. 103.
UNITED STATES GAUGE COMPANY 1259
the market analyst, the sales correspondents and the assistant to the
chief engineer," but excluding production clerks, time clerks, stock
clerks, the chief time clerk, the assistant to the stores supervisor,
the assistant to the supervisor of time study, the assistant to the
personnel manager, the administrative secretary, the nurse, watchmen,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. THE 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.
It appears that the true petitioners in interest in this proceeding are
Office Employees' International Union and International Federation
of Technical Engineers', Draftsmen's, and Architects' Unions, since
it is understood by all parties that these unions, if there is a certifica-
tion, will act jointly in negotiations with the Company. Conse-
quently, the American Federation of Labor's request that its name
alone appear on the ballot is hereby denied 10 Office Employees Inter=
national Union, AFL. and International Federation of Technical
Engineers', Draftsmen's, and Architects' Unions, AFL, jointly, will
be designated on the ballot.
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 representa-
tives for the purposes of collective bargaining with United States
Gauge Company, Sellersville, Pennsylvania, an election by secret
ballot shall be conducted as early as possible, but not later than thirty
0 While it appears that the unions for whom the AFL is acting do not admit to member-
ship certain of the employees herein determined to be part of the appropriate unit, this is
not a material consideration, since there is no showing that they will not accord adequate
representation to all employees in the appropriate unit. Matter of Platzer Boat Works,
59 N. L. R. B. 292.
10 See Matter of Paragon Die Castling Company, 57 N. L. R B. 1.
I
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
(30) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Fourth 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 the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period imme-
diately 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 rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
Office Employees International Union, AFL, and International Feder-
ation of Technical Engineers', Draftsmen's, and Architects' Unions,
AFL, jointly, for the purposes of collective bargaining.
CHAIRMAN H] zoa took no part in the consideration of the above
Decision and Direction of Election.