Worthington Pump and Machinery Corp.

National Labor Relations Board - Board Decisions

Mar 28, 1946

66 N.L.R.B. 1351 (N.L.R.B. 1946)

In the Matter of WORTHINGTON PUMP AND MACHINERY CORPORATION
and TIME AND MOTION STUDY ASSOCIATION
Case No. 1-R-2709.-Decided March 28, 1946
Messrs. A. S. Ormsby and L. C. Ricketts, both of Harrison, N. J.,
for the Company.
Messrs. Edward B. Cooley and Harold Kaufman, both of Spring-
field, Mass., for the Union.
Mr. Jerome J. Dick, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition 1 duly filed by Time and Motion Study Association,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Worthing-
ton Pump and Machinery Corporation, Holyoke, Massachusetts,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Leo J.
Halloran, Trial Examiner. The hearing was held at Springfield,
Massachusetts, on February 8, 1946. The Company and the Union
appeared and participated. All parties were afforded full oppor-
tunity 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
1. THE BUSINESS OF THE COMPANY
Worthington Pump and Machinery Corporation is a Delaware
corporation with its main office at Harrison, New Jersey. The Com-
3 The petition was amended at the hearing.
66 N. L. It. R, No. 163.
1351
1352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany has district sales offices and representatives throughout the
United States and foreign countries, and operates plants in many
States. This proceeding is concerned solely with the Company's
plant in Holyoke, Massachusetts. At this plant, the Company manu-
factures compressors and air conditioning and refrigeration equip-
ment. During the 6-month period immediately preceding February
8, 1946, the value of raw materials used by the Company exceeded
$1,000,000 in value, more than 90 percent of which came from points
outside the Commonwealth of Massachusetts. During the same
period, the Company manufactured finished products exceeding
$1,000,000 in value, more than 80 percent of which was shipped to
points outside the Commonwealth of Massachusetts.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Time and -Motion Study Association is an unaffiliated labor organ-
ization, admitting to membership employees of the Company.
111. 'I`1IE QUESTION CONCERNING REPRESENT VTiON
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
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 mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT
The Union seeks to represent all time-study and standards em-
ployees of the Company's Holyoke, Massachusetts, plant,3 excluding
all supervisory employees. However, the Company contends that
the requested unit is inappropriate on the ground that time and study
standards employees are "managerial."
3The Field Examiner repotted that the Union submitted a petition , bearing the signa-
tures of 12 of the Company 's employees . There are approximately 13 employees in the
appropriate unit.
3 United Electrical , Radio and Machine Workers of America , Local 259 , C. I. 0., repre-
sents all hourly rated employees of the Company at the Holyoke Plant . The time-study
and standards men are salaried employees
WORTHINGTON PUMP AND MACHINERY CORPORATION 1353
Time-study and standards employees, through analysis of methods,
set a time standard for the performance of an operation .4 These
time standards, which are arrived at through independent judgment,
are usually accepted by the Company, but are subject to review
by the time-study supervisor. The time standard has no effect on
the production workers' base rate of pay. However, if the employee
produces work at a rate exceeding the time standard, he receives
an incentive bonus. It is conceded that the time study and standards
men have none of the powers of supervisory employees. Moreover,
they do not set the base wage rate and are not concerned with labor
relations. It is apparent that these employees have no substan-
tial part in the formulation, determination, or effectuation of any
management policy. Accordingly, we do not consider them to be
"managerial" employees.5
We find that all time-study and standards employees of the Com-
pany's Holyoke, Massachusetts, plant, excluding all supervisory em-
ployees 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 pur-
poses 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Pules and Regulations-Series 3, as amended, it
is hereby
DIRECTED that. a5 part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Worthington
Pump and Machinery Corporation, Holyoke, Massachusetts, an
election by secret ballot shall be conducted as early as possible, but
:The time -study men go out on the floor and time the operations with a stop watch,
while the standards men set the time standard at their desks through the use of blue
prints and data from similar operations which have already been limed by the tine
study men.
5 See Matter of Fora Motor Company (Chicago Branch), 66 N. L. R. B. 1317
1354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
not later than forty (40) days from the date of this Direction, under
the direction and supervision of the Regional Director for the First
Region, acting in this matter as agent for the National Labor Re-
lations Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing 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 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 represented by Time and Motion Study
Association, for the purposes of collective bargaining.