Walter Kidde & Co., Inc.

National Labor Relations Board - Board Decisions

Nov 29, 1945

64 N.L.R.B. 1050 (N.L.R.B. 1945)

In the Matter of WALTER KIDDE & COMPANY , INC. and TOOL , DIEMAKERS
& MACHINISTS LOCAL 420, UNITED ELECTRICAL , RADIO & MACHINE
WORKERS OF AMERICA, CIO
Case No. 2-R-5265.-Decided November 29, 1945
Lum, Fairlie c0 Wachenfeld, by Mr. Joseph J. Biunno, of Newark,
N. J., for the Company. -
Rothbard, Harris & Talisman, by Mr. Clarence Talisman, of Newark,
N. J., for the Union.
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a second amended petition duly filed by Tool, Diemakers &
Machinists Local 420, United Electrical, Radio & Machine Workers of
America, CIO, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees of
Walter Kidde & Company, Inc., Belleville, New Jersey, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Richard J. Hickey, Trial
Examiner. The hearing was held at Newark, New Jersey, on August
2, 1945. The Company and the Union appeared and participated.
All parties were afforded fill] 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 af-
forded opportunity to file briefs with the Board. In its brief, the
Company moved to dismiss the petition on the ground that the unit
sought by the Union is inappropriate. For reasons hereinafter stated,
the motion is hereby overruled.
Upon the entire record in the case,' the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Walter Kidde & Company, Inc., a New York corporation, has its
main office at Belleville, New Jersey, and operates 5 plants located in
1 The Company and the Union filed a joint motion to correct a certain error in the
transcript of testimony. The record has been corrected, as requested.
64 N L. It. B., No. 171.
1050
WALTER KIDDE & COMPANY, INC. 1051
and around Belleville and Bloomfield , New Jersey, where it is engaged
in the manufacture of all types of fire extinguishing equipment, infla-
tion equipment for life rafts , and allied products . During the year
ending July 31, 1945, the Company used more than 10,000 tons of
bronze, aluminum , alloy sheets , zinc, carbon steel, piping , and other
raw materials , of which over 65 percent was received from points out-
side the State of New Jersey. During the same period , the Company
shipped finished products valued in excess of $20,000,000 , of which
approximately 95 percent was shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
Tool, Diemakers & Machinists Local 420 , United Electrical , Radio
& Machine Workers of America , is a labor organization , affiliated with
the Congress of Industrial Organizations , admitting to membership
employees of the Company. -
Iii. TUE QUISTION CONCERNING IIEPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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 Union seeks a unit comprising all salaried employees in the
Manufacturing Division of the Company 's plants, including the sal-
aried employees in the manufacturing , manufacturing engineering,
production, inspection , Youngstown -Miller products shop, and time-
keeping and dispatching departments , but excluding the employees in
the purchasing , and installation and service departments, confidential
employees , and supervisory employees.3 While the Company agrees
2 The Board agent reported that the Union submitted 255 authorization cards and that
there were 375 employees in the unit alleged to be appropriate by the Union , as of June
28, 1945.
3 The Union , in effect , is seeking a unit of technical and clerical employees . The Union
is the present collectiv e bargaining representatn a in it unit consisting of the Company's
"hourly" production and maintenance employees.
1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the salaried employees might constitute an appropriate unit, it
contends that such employees should not be represented by the same
labor organization as represents the hourly paid employees. The
Board has frequently held, however, that clerical and technical em-
ployees, 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' The Company also contends that timekeepers, checkers, con-
trol men, methods engineers , methods men, and all employees in the
Time Study Department, all of whom the Union would include, should
be excluded from any appropriate unit because of their managerial
functions. These disputed groups of employees are hereinafter dis-
cussed.
Timekeepers, Checkers, and Control Men: These employees are in
the Company's timekeeping and dispatching department. Their re-
spective duties are concerned with recording, checking , and counting
the output of production workers. The main duty of the timekeeper
is to maintain workers' time cards which contain information relat-
ing to quantity, pay rate and attendance; the checker calculates figures
to avoid cost, pay roll, and production record errors; and the control
man is concerned mainly with the dispatching of work through the
shops, by following up machine delays and the movement of jobs to
the next operation. Although they have knowledge of the pay rates
and earnings of the workers, they do not participate in setting these
rates. We are of the opinion that the duties performed by the time-
keepers, checkers, and control men are not of a managerial nature.5
We shall therefore include them in the appropriate unit.
Methods Engineers & Methods Men: These employees develop man-
ufacturing, assembly, inspection, and test methods on new products, or
new methods suggested by engineering changes or special require-ZT, In
They investigate mechanical difficulties and suggest corrective
measures, but take no part in the setting of wage rates. The Company
would'exclude these employees from the unit because of their respon-
sibilities in determining that jobs are being performed in the most
efficient manner. However, the Company would include in the appro-
priate unit tool designers whose technical knowledge, responsibilities,
and salary are comparable to those of the methods engineers. We are
of the opinion that the methods engineers and methods men are not
managerial employees; we shall therefore include them.,,
Time Study Engineers and Tio1ze Stud?/ Men: These employees con-
duct time studies on work operations throughout the plants. In their
' See 0lit.er Farm Equipment Company, 53 N L H B. 1078, and eases cited therein.
s See Matter of Bethlehem-Fairfield Shipyard, Incorporated, 59 N. L R. B. 602.
See Matter of Union Switch and Signal Company, 63 N. L. R B. 974.
WALTER KIDDE & COMPANY, INC. 1053
study of job operations, one of the important elements is the deter-
mination of effort ratings, the time study man being the sole judge in
ascertaining the amount of effort used by the production workers.
They also exercise independent judgment in setting wage rates which
determinations are generally followed by the Company. The time
study engineers, who have more experience than the regular time
study men, perform similar duties. The former also investigate wage
glievances submitted on behalf of the production employees. In view
of the managerial nature of the duties performed by the time study
engineers and the time study men, we shall exclude them from the
appropriate unit.?
Clerk8 in Time Study Department: These employees perform the
usual office clerical duties such as filing and typing. They do not par-
ticipate in the setting of rates of pay. Accordingly, we shall include
them.
We find that all salaried employees in the Manufacturing Division
of the Company's plants, including the salaried employees in the man-
ufacturing, manufacturing engineering, production, inspection,
Youngstown-Miller products shop, and ttmel:eeping and dispatching
departments (including timekeepers, checkers and control men), time
study clerks, methods engineers and methods men. but excluding time
study engineers, time study men, the employees in the purchasing, and
installation and service departments, confidential employees, and su-
pervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively 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 DETERMINATION 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
7 See Matter of The Yale & Towne Manufacturing Company, 60 N. L. R. B 626, and
.Matter of Star Watch Case Company, 61 N I. H. B 224
1054 DECISIONS OF NATIONAL- LABOR RELATIONS BOARD
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 Walter Kidde &
Company, Belleville, New Jersey, 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 Second Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Arti-
cle III, Sections 10 and 11, of said Rules and Regulations, 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 tempo-
rarily 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 or not they desire to be repre-
sented by Tool, Diemakers & Machinists Local 420, United Electrical,
Radio & Machine Workers of America, CIO, for the purposes of col-
lective bargaining.