The Coolerator Co.

In the Matter' of THE COOLERATOR COMPANY, and' UNrrED STEEL-' WORKERS OF AMERICA, LOCAL 3117, C. I. O. Case No. 18-R-835.-Decided November 6, 1943 Messrs. 'T. N. McCabe and B. H. Sanford, both of Duluth, Minn., for the Company. Messrs. Francis E. Labrosse, Paul B. Lee, Charles W. Sennott, John A. McLeod, and Henry A. B¢crkhamrner, all of Duluth, Minn., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by United Steelworkers of America, CIO, herein called the Union,:' alleging that a question affecting commerce had arisen concerning the representation of em- ployees of The Coolerator Company, Duluth, Minnesota, herein called the' Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Stephen M. Reynolds, Trial Examiner. Said hearing was field at Duluth, Minnesota, on October 8, 1943. The Company and the Union appeared, partici- pated, and 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 an 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 T - E COMPANY The Coolerator Company, a Minnesota corporation, with its princi- pal office located at Duluth, Minnesota, is engaged in the manufacture 1 The Union moved at the hearing to amend all papers to show the name of the Union as United Steelworkers of America , Local 3117, C I. O. This motion was granted by the Trial Examiner. 53 N.L. R. B., No. 80. 461 559015-44-vol. 53-31 462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of ice refrigerators and various products for the War Department of the United States Government. For this purpose it operates two plants in Duluth separated by a distance of approximately 7 miles. During the past year the Company purchased raw materials for use at the aboye-mentioned plants valued at approximately $3,000,,000, of whicl1 about 95 percent was shipped to the Company from points outside the State of Minnesota. During the. same period the sales of finished products of the Company amounted to approximately $6,000,000, of which about 95 percent was shipped to points outside the State of Min- nesota. The Company admits that it is engaged in commerce, within the meaning of the National Labor Relations Act. IL THE ORGANIZATION INVOLVED United Steelworkers of America , Local 3111, is a labor organization affiliated with the Congress of Industrial Organizations , admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive bar- gaining representative of its clerical employees until it has been certi- f{ed by the Board in an appropriate unit. A statement of the Regional Director intro4i eed into evidence at the hearing indicates that.the'Union represents a substantial r}nmber of employees in the unit hereinafter found appropriate? We find that a question affecting commerce has arisen concerning the representation of employees of the Company ,within the leaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union seeks to represent a unit comprised of all office employees, including time clerks, but excluding supervisgry and confidential em- ployees. Both the Company and the Union are agreed that the secre- taries to the officers of the Company, the cashier, and the traffic and credit manager, are properly excluded. A disagreement exists, how- ever, with respect to time clerks, the printer, and certain employees whom the Company contends occupy a confidential status. We shall discuss these classifications .seriatim. Time clerks: The Company would exclude these employees because they do not work with the office people, are paid on an hourly basis,.alid keep the hours of production employees. The Union contends that they are purely clerical employees. The rgcord reveals that they are 2 The Regional Director reported that the Union submitted 22 membership application cards bearing apparently genuine original signatures and the names Otp^Feopd ape$ff]Ig on the Company's pay roll as of September 24, 1943. Said pay roll contained the names of 33 persons in the unit hereinafter found appropriate. THE 'COOLERA'T'OR COMPANY 463 on,the factory, pay roll and are under the supervision of the factory accountant and the pay-roll accountant. ^ They receive their informa- tion from the foremen of the various' departments and turn it over to the^ re,cording'timekeeper, or tir ie,clerk,±who, in turn reports both to the factory accountant and to the pay-roll accountant. These em- ployees have _been,excluded.from the unit. of, production and main- tenance, ,tivorkers who.are; already represented by, the Union herein. Since .they do not perform production work and were not included within A he. production unit, and since their functions are primarily clerical in nature, we are of the opinion that these employees should be included within the unit of clerical employees. Accordingly, we shall include them,within'the unit hereinafter, found appropriate. S,ecr;eaie:; The Company would, exclude secretaries' to the cost accountant, assistant, purchasing agent,, credit and traffic manager, sales manager, purchasing agent, factory accountant, and safety direc- tor, on the, ground that they are confidential employees. The record reveals that although these persons have access to confidential matters pertaining to, the business of the Company, none of them has access to matters pertaining to labor relations or personnel matters. Under these circumstances we are of the opinion,that they, do not fall within the definition of confidential employees.., We shall, therefore, include . them within the unit., The,secretary ,to the' personnel manager, however,,keeps -records of the, employees ; and has charge of; the Company's war industry reports. In addition, she types and,files reports on grievances which are for use of the.,management only. In her capacity as secretary to the personnel , manager she has access to all files pertaining to labor relations. Accordingly, we are of the opinion that'this employee falls within our customary definition of ,a confidential employee4 and we shall therefore exclude, her. Bookkeeper: ; This employee is in charge of all matters relating to cash received, bank deposits, and book entries. She helps prepare profit and -loss, statements and, does the work of the cashier in her absence; she also issues salary. checks. Her pay is higher than most of the other, clericals. However, since the' matters to which she has access are not concerned with labor relations and personnel problems, we are of the opinion that she.should be included within the unit. We shall, therefore, include her.. Te4ep,Ttone ' operator: The Company 'contends that this employee should. be,e]Wuded from the unit because in the course of her duties she might come into possession' of, information adverse to the'inter- S See Matter of Cincinnati Times Star Co ; 39.N. L R. B. 39., 4See Mdtte `r'oflCrea'mery Paekage 'Manufaoturing ' Co.,'35 N. L. R B 108; Matter of Fairmont Creamery Co., 44 N. L. R. B. 191 ; Matter of Chrysler Corporation, 36 N. L R. B 157; Matter of C,1N'yaler Detrolt -Company, 38 N.- L. it. B. 013. 464 D'ECISIPON'S OF NATIONAL LABOR RELATIONS BOARD ests of the Company. However, we -have fregtiently found that such employees do not normally obtain information of a sufficiently con- fidential character concerning labor- relations or personnel policies to warrant their exclusion.5 , ^ We= shall, therefore, • include her within the unit. Mail Clerk: This employee opens the incoming mail, stamps it and routes it; she also lists the cash received' through the mail and pre' pares a detailed report of such cash, as well as purchases. We' are of the opinion that her duties are -not of such a sufficiently confidential nature as to warrant her exclusion from `the- unit. We shall, there- fore, include her. The supervisor, of the tabulating department: This employee super- vises four clerks who operate key punch machines and other equip- ment in' the tabulating department. The record reveals' that she has' authority to recommend the hiring and discharge 'of the employees under her'supervision. - Accordingly, we shall exclude her from the unit. ' ' - The supervisor o f the -printing department: This employee buys printing supplies and is in charge- of orders for printing. He dictates correspondence with respect to these orders and supervises the printing of weekly bulletins to salesmen and'distributors. There are two em ployees who work under his supervision, relative to whose employment he has, the power to make effective recommendations.' ' Under these circumstances, we are of the opinion that he is a supervisory employee and'shall, therefore, exclude him. The chief pay-roll accountant and- the cost accountant: These em- ployees, although having access to various financial figures relating to the. Company's business, are not concerned with any matters relating to its labor policies, nor do either of them occupy an executive position. We are of the opinion that these employees are not employed in a supervisory or confidential capacity; we shall include-them within the unit. Printer: The Union seeks to include this employee within the unit, and the Company takes no' definite position with respect thereto. The record discloses that the printer performs the duties usual' to this classification, setting type-and funning small printing presses owned by the Company. 'He is a member'of a craft union affiliated with, the American Federation of Labor. We are of the opinion 'that the-in- terests and duties of this employee are not sufficiently akin to those of the, clerical employees as to warrant his inclusion within a unit 'of such employees. Accordingly, we shall exclude him. • • ' We find that all clerical and office employees of the Company, in- cluding time clerks, chief'pay'roll accountant, cost accountant, mail O Matter of Chrysler Corporation, 36 N. L. R. B. 157 ; Matter of Chrysler Detroit Company, 38 N. L. R. B. 313 ; Matter of Cincinnati Times Star Co., supra. THE COOLER.ATOR COMPANY 465 clerk, and telephone operator , but excluding secretaries to officers of the Company and the personnel manager , the cashier, credit and traffic manager, printer, and all 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 We shall direct that the question concerning representatives 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 Elec- tion 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 'DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Coolerator Company, Duluth, Minnesota, an election by secret ballot shall be con- ducted as early as possible,'-but not, later than thirty' (30) days from the •date of this Direction, under the direction an i supervision of the Regional Director- for the Eighteenth 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 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 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 United Steelworkers of America, Local 3117, affiliated with the .Congress of Industrial Organizations, for the purposes of collective bargaining.