The Black & Decker Electric Co.

In the Matter'of THE;BEAck.& DECZ Et: EI.EOTRIo CODZPANY'and, OFFICE EMPLOYEES UNION , LOCAL 23236, A., F. of L. Case No. R-4729.-Decided February 18,19413 Jurisdiction : electric motors manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord recognition on ground that unit sought by petitioner was inap- propriate ; election necessary. Unit Appropriate for Collective Bargaining : all employees in the accounting, cashiers, pay-roll, cost, sales, service, production, material control , purchasing, personnel, stores, receiving; shipping, experimental, mechanical, engineering, and tool and *processing engineering departments , including expeditors in the purchasing department, but with specified exclusions , held an appropriate unit, Mr. Richard J. Lamb, of Cleveland; Ohio, and Mr. Walter H. Poesse, of Kent, Ohio, for the Company. Mr. Douglas J,.,,-Hanna, of Cleveland; Ohio;iifor,Locall23236. Mr. J. C.'McGuwigan, of Kent, Ohio, for the I. A. M. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition duly filed by Office Employees Union, Local 23236, A. F. of L., herein called Local 23236, alleging.that a question- affecting 'cdmmerce had arisen concerning the represelita- tion of employees of The Black' & Decker Electric' Company, Keilt, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Louis Plost, Trial Examiner. Said hearing was held at Kent, Ohio, on Janu- ary 5 1943. At the commencement of the hearing the Trial Examiner -granted a motion of Lodge No. 1203, International Association of Machinists, herein called the I. A. M., to intervene.' The Company, Local 23236, and the I. A. M. appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, "The I. A M, inter,^vened, because it'is a`party to 'acontract with the Comp piv -How- ever, it does not claim any of the employees involved herein 47 N. L. R. B., No. 94 726 TE BLACK & DECKER ELECTRIC COMPANY 727 and- to introduce evidence bearing on the issues. The Trial Exam- iner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. On January 8, 1943, the Company, Local 23236, and the I. A. M. entered into a stipulation which is hereby incorporated into and made - a part of the record herein. On January 18, 1943, the Company filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. 'I HE BUSINESS OF THE COMPANY The Black & Decker Electric Company is an Ohio corporation with its principal place of business at Kent, Ohio, where it is engaged in the manufacture of fractional horsepower electrical motors and similar items. During 1942, the Company used raw materials valued at about- $600,000, approximately 40 percent of which was shipped to it from points outside the State of Ohio. During the same period the Com- pany sold finished products valued at about $1,000,000, approximately 40 percent of which was shipped to points outside the State of Ohio., The Company admits that, it is engaged in commerce within the me.in- ing'of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Office Employees Union, Local 232,36, is a labor organization affil- iated with-the American Federation of Labor, admitting to member ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On October 15, 1942, Local 23236 requested the Company to recog- nize it as the exclusive representative of certain of the Company's em- ployees. The Company refused this request on the ground that -the employees claimed by Local 23236 do not constitute an appropriate unit. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that Local 23236 represents a sub- stantial number of employees in the unit hereinafter found to be appropriate.2 " - 2 The Field Examiner reported that Local 23236 presented 59 membership application cards,Bearing -apparently` genuine signatures of persons Swbose'nanies - appear on the Com- pany 's pay roll of December 11, 1942. There are approximately 75 employees on that pay roll who are in the appropriate unit., 728 DECISIONS OF NATIONAL' LABOR RE,LATIONS,',BOARD 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 Local 23236 urges that all employees in the accounting, cashiers, pay-roll, cost, sales, service, production, material control, purchasing, personnel, stores, receiving, shipping, experimental, mechanical engi- neering, tool and processing engineering, and time study departments of the Company,; excluding supervisory employees, department maln- agers who have the authority to hire and discharge, and, district salesmen,'constitute an appropriate unit. The only controversy with respect to the unit concerns the classes of employees discussed below. Local 23236 contends that all such employees should be included in the unit and the Company urges that they all be excluded. Telephone operator and mail clerk-This employee receives all mail for the Company and opens and reads it before distribution. Much of this mail contains references to confidential matter. We find that the telephone operator and mail clerk is a confidential em ployee and shall exclude her from the unit. Assistant department head in pay-roll department-This employee has four persons working under her and makes up the factory pay roll. She is the only employee of the Company who has access to the total pay roll, which the Company considers to be highly confidential. i Under the circumstances, we shall exclude the assistant department head in the pay-roll department.from the unit. Assistant coordinator in production department-This employee is •'^.responsible for scheduling and following up production, throughout the plant and coordinates all departments. The record indicates,that the assistant coordinator is an administrative employee and exercises functions which are dissimilar to the duties of the other employees admittedly in the unit. We shall exclude him from the unit. Assistant purchasing agent in purchasing department-This em- ployee performs similar duties to those performed by the department head, who was excluded from the unit by agreement of the parties. Under the circumstances, we shall exclude the assistant purchasing agent from the unit. Expeditors in purchasing department-We shall include such em- ployees in the unit,., inasmuch .as, the record does not indicate dicate that their duties are supervisory or confidential in nature. - Secretary to the department head in purchasing department-This employee is charged with the duty of instructing new employees 'and also takes all dictation from the department head. The dictation in THE BLACK & DECKER ELECTRIC COMPANIY 729 many instances is of a confidential nature. Under the circumstances, we shall exclude her from the unit. - -Special windings engineer in electrical engineering department- The Company employs four electrical engineers in its electrical engi- neeri rgi department,- three of whom are excluded, from ,the',,unit by agreement of the parties. The special windings engineer keeps, the records of engineering designs and is a graduate engineer. Inasmuch as the electrical windings engineer is a technical employee, we shall exclude him from the unit. Department -head of experimental department-We shall exclude this employee from the unit, inasmuch as the record indicates that he has the authority to discipline other employees in the experimental department., Development engineers in mechanical engineering department-A great deal' of the work performed by these employees is confidential and their' work requires greater skill and education than that pos- sessed by the`other employees in the department. Because of the tech- nical nature of their work and the dissimilarity -between their duties and' those of'the'other employees'in their department, we,'shall exclude the development engineers from the unit. ' Assistant- departmientt ' head in tool and processing engineering department-This employee places 'orders for tools without restriction and has the authority to determine what prices shall be paid for' such tools by the Company.` In addition, he acts as head of the department during the absence of the department head. Under all the circum- stances; we' shall -exclude him from the unit. As'istants,in.time-steady department-4t the time of. the hearing the Company-had'no time-study department. We shall, therefore, make no determination, at this time of the-appropriateness of including or excluding such' persons, in the eveiit the Company .'sets, -up such a department. , Assistant foremen and su'perviso'rs in factoryw nding department- The regular employees in the factory winding department are covered by'a.contract,,between, the I.-A. M.,and the Company;, The assistant foremen and supervisors are excluded from the. provisions of, that con- tract. Such employees perform no production work-and are,L)aid on,a salary, basis in contrast to the production employees who are paid on an hourly rate. ,So far as appears,they have no interests in common with.the.other,employees in the unit.,, We-shall exclude the assistant foremen and supervisors, in the factory winding department from the unit.: . , Assistant department head in factory n' aehine shop-All, regular employees in the factory machine shop are covered by a contract between the I. A. M. and the Company. However, the assistant 730 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD department head is excluded from that contract on the ground that he is a supervisory employee. , The assistant department head acts as the assistant,to the ;foreman in, all - functions' and,- in ,addition; ,super- vises the tool crib and,timekeeping; functions of the department. ^ .We shall' exclude,him from the unit. , , - We find that all employees in the accounting, cashiers, pay-roll, cost, sales, service, production, material control, purchasing, - personnel, stores, receiving, shipping, experimental, mechanical engineering, and tool and processing engineering departments' of the Company, includ- ing expeditors in- the purchasing department, but excluding super- visory employees, department managers who have the authority to hire and discharge, district salesmen, secretaries to company officials, the telephone operator and mail clerk, assistant department head s.in-pay- roll department, assistant coordinator in production department, assistant purchasing agent, secretary to department head of purchas- ing department, special windings engineer in electrical engineering department,. department head of experimental department, develop- ment engineers in mechanical engineering department, assistant de- partment head,in tool and processing engineering department, assist- ant foremen and supervisors in factory winding department, and assistant department head in factory machine shop, constitute a unit appropriate for the purposes of collective bargaining, within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES - We shall direct that the question concerning representation be resolved by means of an election by secret ballot among the-employees in.the appropriate unit wiho were employed,during-the'pRy=roll-p-rind 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DHIECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Black & Decker<Company,-Kent , Ohio, an.eleetianbyyseeretballot ,shall^becon- ducted 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 Eighth Region , acting in this matter as agent for the National Labor Relations Board, and subject to Article III, THE BLACK & DECKER ELECTRIC COMPANY 731 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 any such 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 any, who have since` quit or been discharged for cause, to determine whether or not they desire to be represented by Office Employees Union, Local, 23236, -afftliated"with ,thd American Federa- tion of Labor, for the purposes of collective bargaining. 457