Walworth Co., Inc.

National Labor Relations Board - Board Decisions

Aug 11, 1943

51 N.L.R.B. 1206 (N.L.R.B. 1943)

In the Matter Of WALWORTH COMPANY, INC. and BARTENDERS,
WAITERS, WAITRESSES, COOKS & HOTEL EMPLOYEES, LOCAL No. 332,
A. F. L.
Case No. R-57 L,9.-Decided August 11, 194
Messrs W. G. Conners , Jr., and A. C. Wadsworth , of East St . Louis,
Ill., for the Company.
Messrs. Fred Olds and E. J. McGrath, of East St . Louis , Ill., for the
Union.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Bartenders, Waiters, Waitresses, Cooks
Hotel Employees, Local No. 332, A. F. L., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Walworth Company, Inc., Washing-
ton Park Works, St. Clair County, Illinois, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before Ruth C. Hutchinson, Trial
Ekaminer. Said hearing was held at St. Louis, Missouri, on July 22,
1943. The Company and'the Union 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Walworth Company, Inc., is a Massachusetts corporation operating
plants in Massachusetts, Pennsylvania, Illinois, and Alabama. This
51 N. L. R. B., No. 188.
1206
WALWORTH COMPANY, INC. 1207
proceeding involves only the plant located in Illinois where the Com-
pany is engaged in the manufacture of cast steel valves and fittings.
Monthly purchases by the Company of raw materials for use at its
Illinois plant exceed $30,000, over 50 percent of which is shipped to
the plant from points outside the State of Illinois. More than half
of all the products manufactured at the Illinois plant are shipped to
points outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Bartenders, Waiters, Waitresses, Cooks & Hotel Employees, Local
No. 332, affiliated with the American Federation of Labor, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 27, 1943, the Union advised the Company that it repre-
sented a majority of the employees in the unit petitioned for herein.
On this and three subsequent occasions the Union requested recogni-
tion as the exclusive bargaining representative of such employees.
On June 21, 1943, the Company refused the Union's request stating
that it would not recognize the Union until it had been certified by
the Board.
A statement of the Regional Director introduced into evidence at
the hearing indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.,-
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 comprised of all employees of the Company's
cafeteria excluding the manager. The Company contends that fore-
ladies and cashiers should be excluded in addition to the manager.
The Company has recently opened a cafeteria for the use of its
employees, which, as of the date of the hearing, was still in the process
of organization. Like the production employees, the cafeteria em-
ployees work three 8-hour shifts, serving meals both day and night.
The cafeteria personnel consists of nine employees on the day shift
'The Regional Director repotted that the Union submitted 14 undated designations all
of which bore apparently genuine original signatures ; and that the names of 11 persons
appearing on the designations were listed on the Company 's pay roll of June 23, 1943,
which contained the names of 23 persons within the appropriate unit.
1208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and seven employees on each of the other two shifts. With the ex-
ception of a cook and a cashier, none of the cafeteria personnel has
been permanently classified but all are being tested at specific duties
before assignment to particular jobs. The Company expects this
process to be completed within a month.
Foreladies: Within a month from the date of hearing the Company
expects to promote two employees to the status of foreladies, who will
work on the afternoon and evening shifts. These foreladies, according
to the Company's plans, will have duties similar to those of foremen
in the plant, but will report to the manager who is in complete charge
of the cafeteria and who also supervises the employees on the day shift.
They will be allowed to recommend hiring and discharging and will
have authority to discipline employees tinder their supervision. It
is expected that they will devote approximately 80 percent of their
time to supervision, assisting the manager in purchasing food and
planning menus, and 20 percent of their time to working in the cafe-
teria. For their increased responsibilities the Company will pay
them a premium of about 15 percent. As yet, the Company does not
know whether the designation of foreladies will entail the hiring of
replacements for the two old employees who will be promoted.
The Union contends that the foreladies should be part of the appro-
priate unit because the custom in the food industry is to include such
employees in collective bargaining units. It contends that the title
"forelady" is equivalent to that of "head waitress." The Union alleges
that even though head waitresses and captains in ordinary restau-
rants and hotels are vested with disciplinary authority which is
equivalent to that which the foreladies here will exercise, nevertheless,
they are included in the units established' by contract with hotels and
restaurants in the local area. The evidence in the record as to the
history of collective bargaining by units of cafeteria employees in_
industrial plants within the local area is extremely meagre. The
Union lays claim to but one instance of such representation and even
there did not disclose the exact nature of the inclusions in the bargain-
ing unit.
The Company argues that supervisory employees among the cafe-
teria personnel should be accorded similar treatment as that given to
supervisory employees among the production and maintenance em-
ployees. In the latter group, supervisory employees are excluded
from the units of employees represented under contract by various
affiliates of the American Federation of Labor. Despite the contracts
that may exist in the food industry, the Company urges that super-
visory employees in an industrial cafeteria be treated as industrial
employees. Assuming, without deciding, that the history of the
food industry is such that head waitresses are customarily included in
WALWORTH COMPANY, INC. 1209
collective bargaining units, so that the foreladies in the instant case
might appropriately be included in the unit, we note that there is
no prior history of collective bargaining on behalf of the employees
petitioned for on any basis, much less one which includes supervisory
employees. Moreover, the record does not show that supervisory
employees in the food department of an industrial plant are custom-
arily included in the same unit with rank and file employees, nor even
that such supervisory employees are organized. We therefore agree
with the Company and shall exclude foreladies from the appropriate
unit.2
Cashiers: The duties of the cashiers include receiving payments
from customers for meals, making daily reports on the number and
amount of sales, making and posting copies of menus , and assisting
other cafeteria employees. Cashiers devote 11/2 to 2 hours a day in
miscellaneous jobs such as cleaning tables, carrying trays to the
kitchen, cutting pies, etc. At present the cashiers are paid at the
same rate as the other cafeteria employees; however, the Company
anticipates paying them 5 to 10 percent more when the permanent
assignments are made. Cashiers exercise no supervisory authority
over anyone and are now responsible to the manager. After fore-
ladies are assigned on the afternoon and night shifts, the cashiers
on those shifts will come under their respective jurisdictions. In
view of the nature of the duties of the cashiers we shall include them
in the unit with the other cafeteria employees.
° We find that all cafeteria employees iof the Company, including
the cashiers, but excluding the manager, foreladies and any other
supervisory employees with authority to hire, promote, discharge,
discipline, 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 DETERMINATION OF REPRESENTATIVES
The Union requested that the pay-roll date immediately preceding
the hearing be used as the eligibility date for voting. Since no sub-
stantial reason appears for deviating from our normal practice we
shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the 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.
2 See Matter of The Maryland Drydock Company, 49 N L R B 733.
1210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Walworth Com-
pany, Inc., Washington Park Works, St. Clair County, Illinois, an
election by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Four-
teenth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Section 10, of said Rules
and Regulations, among the 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 per-
son at the polls, but excluding those employees who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by "B. W. W. C. & Hotel Employees, Local 332,
A. F. of L." 3 for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
3 A request to appear thus on the ballot is hereby granted.