Yale & Towne Manufacturing Co.

In the Matter Of YALE & TOWNS MANUFACTURING COMPANY and AMERICAN FEDERATION OF LABOR Case No. 2-J?-¢391.Decided February 26, 1944 Porter c Taylor, by Mr. F. Carroll Taylor, of New York City, for the Company. - Mr. Raphael O'Connell, of Springdale, Conn., for the Union. Mr. Wallace E. Roy'ster, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by American Federation of Labor, herein -called the Union, alleging that a question affecting commerce had arisen concerning 'the representation of employees of Yale,& Towne Manufacturing Company, Stamford, 'Connecticut, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before David H. Werther, Trial Exami- ner. Said hearing was held at Stamford, Connecticut, on January 11, 1944. The Company and the Union appeared, participated, 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 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 Yale & Towne Manufacturing Company is a Connecticut corpora- tion, with its principal office and place of business in Stamford, Con- necticut, where it is engaged in the manufacture'of locks, hardware, and related products. The Company's purchases of raw materials have an annual value in excess of 2 million dollars, of which approximately 55N.L R.B,No.13. - r 66 - .YALE; & .TOW.NR"'MANUFACTURING COMPANY 67 50 percent-is shipped to the Company from points outside of Connecti- cut.. The annual production of the Company has an approximate value' of 11 million dollars, of which about 50 percent is shipped from the plant to points, outside of Connecticut. ' The Company concedes, and we find, that its operations affect com- merce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATION INVOLVED It was stipulated at the hearing that the American Federation of Labor is a labor organization within the meaning of the Act. ' .Through •its constituent ; affiliates, the .Union admits, to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION - In November 1943, the Union requested recognition of the Com- pany as bargaining representative of the employees in the unit sought in the ;petition. The Company refused to extend recognition unless and until the Union is certified as such representative by, the Board. A statement of the Regional Director introduced into evidence at the hearing indicates that the Union represents a substantial number of persons in the unit hereinafter found appropriate.' ,. We find that a question affecting commerce has arisen concerning the representation of enmployees,of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT Three separate bargaining units have been approved by the Board covering a large majority of the Company's employees. The unit sought by the Union in this proceeding, comprehends most of the remaining categories outside the scope of the established units. We will discuss first below the categories which both parties agree should ' be iliclilded'in the unit: Office ,,, aid clerical, employees, including typists; ' stenographers, proofreaders, blueprint operators, and office messengers, perform the usual functions indicated by their designations in the several office departments of the Company. All receive comparable incomes and work under similar conditions. We shall include them in the unit. Room clerks are 'located throughout ' the plant in the foremen's offices. Their principal function is to keep records for the foremen 1 The Regional Director stated that the Union submitted 172 authorization cards, of which 153 , bore apparently genuine original signatures. 133 cards were dated in October, November, and December 1943, and the remainder were undated. 150 cards bore names of persons whose names appear on the Company' s pay roll of November 15, 1943. The pay roll lists 41L9'employees in the appropriate unit. 68 DECISIONS' OF2 NATIONAL LABOR-RELATIONS BOARD to whom they. are, assigned and - to • carry messages. I Since : they 'are clerical workers-,and do not appear to occupy 'a confidential -relation- ship' to management, we shall include them, in the•unit. Expediters work from the production office in following.and-check, ing the • moveipent of materials. and products through the; plant. Their work is chiefly clerical and we shall include them in the-unit. The 9 employees-in the chemical department, who are loosely de- scribed as chemists, perform routine tests and analyses on products and-raw materials. Some have formal college training in;their, field,; " others are qualified by experience. Those-with professional training lead and.instruct those less qualified. Since .all perform work of.a routine nature, and since the parties so agree, we shall include them in the unit. Both parties agree to the exclusion of : Export department clerks and price bureau clerks, but no reason is advanced in the record for these exclusions. The employees involved perform clerical tasks under working conditions and for remunera- tion not substantially different from those common to the clerical em- ployees who constitute the bulk of the unit. In the absence of evidence I ending to persuade to a contrary finding, we shall include them in the unit. Confidential secretaries who act as stenographers to officials-of the- Company. Althouglh their duties are-similar to those of the steno- graphers here included, they are recipients of confidential information relating to labor relations and we shall, therefore, exclude them from the unit. Dental hygienists, nurses, tool designers, and salesmen, who are not discussed in the record. However, such categories are generally ex- cluded from bargaining units of office and clerical employees and we shall-exclude them here. The Company would exclude, and the Union include : -Methods engineers who have the very general and important func- tion of determining the separate processes and treatments necessary to the manufacture of a, product from raw material to the shipping room. They prepare operational charts showing each stage of the,produc- tion process and the machinery and labor entailed. They are required to exercise a high degree of initiative and are responsible only for re- sults. Many of them are mechanical engineers and all have practical engineering training. They work closely with management and ,we are persuaded that their interests are sufficiently separate from those of the office and clerical employees to warrant their exclusion from the unit. _ Product designers who make complete drawings of products and proposed products. They have college training, or the equivalent; ti YALE &'TOWNE, MANUFACTURING 'COIAPANY 69 possess creative ability; and are engaged in work requiring initiative and, resourcefulness. They occupy a position in the Company's -or- gariization, similar: to that of . the methods t engineers and we believe -they should be similarly excluded from the.unit. Tide,`-study men, or rate men; who make time and motion studies of production operations and set rates for production operations based upon their studies. About '3 years experience is; required to acquire proficiency in the work. In setting rates for production work, time-study men are agents of management and, although their determinations do not affect earnings of the employees whom we shall include in the unit, we are of the opinion that their interests and func- tions' are sufficiently akin to those of management to warrant their exclusion.2 Timekeepers, or shop pay-roll clerks, who are located throughout the plant and whose function is to record the operations performed and hours worked by the production employees. On the basis of the data so recorded, the factory pay roll is made up. These workers are en- gaged chiefly in clerical duties and receive substantially the same 'pay as office=ancl clerical workers. They are separate in function and supervision from the time-study men. The Company contends that their possession of confidential information argues for their exclusion from the unit. However, this information consists of knowledge of pay rates and earnings of individuals, and does riot directly concern labor relations. Since timekeepers are clerical employees, and since it does not appear that their.duties affect the earnings of other clerical employees, we shall include them in the unit. Upon the basis of the entire record and in consideration of the con- clusions above, we find that all office and clerical employees of the Company, including typists, stenographers, proofreaders, blueprint operators, office messengers, room clerks, expediters, chemical depart- ment employees, export department clerks, price bureau clerks, and timekeepers, but excluding confidential secretaries, dental hygienists, nurses;cool designers, salesmen, methods engineers, product- designers, time-study men, production, maintenance and shipping employees, and all supervisory employees with authority to hire, promote, discharge, disc-ipline, 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 representation which has arisen be resolved by means of an election by secret ballot among z See Matter of Gar Wood Industries, Inc., 41 N. L. R. B. 1156. 70 DECISIONS OF NATIONAL LABOR" RELATIONS BOARD the, employees in the appropriate unit who were. employed durirlg 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.3 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 3, it is hereby DIRECTED that, as part of the investigation to ascertain ^representa- tives for the purposes of collective bargaining with Yale & Towne Manufacturing Company, Stamford, Connecticut, an election by secret,ballotrshall be,conducted as early as possible,-but not later than thirty (30) days from the date of this Direc'tioii, finder' the'directioiz and supervision of the Regional Director for the Second Region, act- ing in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regu- lations, 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 repre- sented by American Federation of Labor, Office and Clerical Workers Union, Local 23555, for the purposes of collective bargaining. MR. JOHN M. HousTON took no part in the consideration of the above Decision and Direction of Election. The American Federation of Labor has requested to be designated on the ballot as hi the Direction.