Budd Wheel Co.

In the Matter ofBui n Eli COMPANY-EDWARD G : BTJDD MANUFAC-' TURING. COMPANY-BUDD INDUCTION' HEATING, INC1- and' INTERNA- TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IM- PLEMENT WORKERS'OF AMERICA (UAW-CIO)2 Case No. 7 R-1844'.Decided November 21, 1944 Beaumont, Smith & Harris , by Mr. Percy J. Donovan, of Detroit, Mich., for the Companies. Maurice Sugar and Jack N. Tucker, by Mr. Jack N. Tucker, of De- troit, Mich., for the Union. Miss Ruth Busch , of counsel to the Board. DECISION AND DIRECTION OF ELECTION e STATEMENT OF THE CASE Upon a petition duly filed by International Union, United Automo- bile, Aircraft & Agricultural Implement Workers of America (UAW-' CIO), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Budd Wheel Company; Edward G. Budd Manufacturing Company- Budd Induction Heating, Inc., Detroit, Michigan, herein called the Companies, the National Labor Relations Board provided for an appropriate hearing upon due ,• notice before Robert J. Wiener, Trial Examiner. Said, hearing was held at Detroit, Michigan, on October 20, 1944. The Companies 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 an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : I The record 'and the formal papers disclose a variance ' In the names of the Companies. We shall, therefore, correct the names to conform with -those set forth in: the Companies' stipulation as to their business. 2 The Union was granted a motion correcting its name as set forth above on all the formal papers. 59 N. L. R. B., No. 84. 420 BUDD WHEEL COMPANY 421 FINDINGS OF FACT • - 1. THE BUSINESS OF THE COMPANIES Budd Wheel Company and. Edward G. Budd Manufacturing Corn= panyiare Penn-sylvan-ia corporations-and; Buddh'Induction-,Heating,, Inc., is a Michigan corporation. The Companies operate a plant in Detroit, Michigan, where they. are engaged in the manufacture of shells and other war materials. From July 1, 1943, to July 1, 1944, the Companies purchased raw materials amounting to more than $20,- 000,000 in value, of which 58 percent was shipped from sources outside the State of Michigan. For the same period the Companies sold fin- ished products amounting to more than $45,000,000 in value, all of which were bought by the United States Government. The Companies admit that they are engaged in commerce within the meaning of the National Labor Relations Act. II. ,THE,,oRGANIZATIONt;INVOLVED:r International Union, United Automobile, Aircraft & Agricultural Implement Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Companies. III. THE QUESTION CONCERNING REPRESENTATION* The Companies have refused to grant recognition to the Union as the exclusive bargaining representative of their timekeepers until the Union has been certified by the Board in an appropriate unit. A statement of a Field Examiner, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.3 We find that a question,,,affecting. commerce , has arisen concerning the representation of employees of the Companies, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The employees 'of each of the three Companies, respectively, are engaged in what is in effect a section or department of the plant main- tained by the Companies in Detroit, Michigan. The facilities, man- agement, and, supervision are integrated and it is agreed.by the par- ties that any unit herein found appropriate should be comprised of employees. of all three Companies. 8 The Field Examiner reported that the Union submitted 42 collective bargaining authori- zation cards, 35 of which bore the names of persons appearing on the Companies ' pay roll of September 15, 1944, which contained the names of 64 employees in the appropriate unit. The cards were dated in August and September 1944. 422 DECISIONS OF NATIONAL LABOR RELATIONS -BOARD 0 The unit claimed appropriate by the petitioner in the instant pro- ceeding is comprised of timekeepers, time clerks, and time checkers,, all of whom are generally classified as timekeepers. The Companies, coriteind'that `their tilri'ekeepers' area part 'of management and as such they are ineligible to bargain collectively. We find no merit in the Companies' contention. It is a well established policy of the Board that timekeepers have a right to receive the benefits of collective bar- gaining since they are not per se part of management, and we per- ceive no material difference between the duties and responsibilities of the timekeepers involved here and those considered by us in many other cases .4, We likewise reject the Companies' contention that the Union is estopped to represent the timekeepers because, by agreeing to exclude such employees from the unit of production and mainte- nance, employees covered • by:, its •contract' with the Xompanies;'. the Union has assertedly agreed not' to represent the timekeepers in a separate unit.6 The Companies maintain that leaders should be excluded from any unit of timekeepers as supervisory employees, whereas the Union contends that leaders are not supervisory • employees and should, therefore, be included. There is a chief timekeeper who is in charge of all the timekeepers of the Companies, and who has the responsibilities of a general foreman. Under him there is a foreman, who appears to be his assistant, and who has jurisdiction over the approximately 4 time- keepers in the Budd Induction Heating, Inc., section of the plant and the approximately 48 timekeepers in the Budd Wheel Company division e These 52 timekeepers are also under the supervision of approximately 5 assistant foremen. The parties agree that the fore man and- the assistant foreme'n'-'are supervisory employees; and should be excluded as such. The 3 leaders in the Edward G. Budd Manufacturing Company are in dispute. The leaders direct and assign work to 17 timekeepers on 2 shifts in addition to performing regular duties as timekeepers themselves. There are neither foremen nor assistant foremen to supervise, the work in this division of the plant; the 3 leaders oversee the work and'aie` directly'responsible-to-thechlef-trlrlekee'pef_- •De`spite'the fdct'^ that the leaders are paid a lower hourly wage rate than the assistant foremen, they apparently perform the same functions and act in the 4 See Matter of Cramp Shipbuilding Company, 46 N. L. it. B. 115 : General Motors Co#,- poration, Eastern Aircraft. Trenton Division, 51 N. L. R. B. 1366. and Matter of Bohn Aluminum t Brass Corporation , 47 N. L. R. B. 1229. 6 Matter of General Motors Corporation, Eastern Aircraft, Trenton Division, supra. The contract merely lists timekeepers as excluded from the unit , and does not otherwise refer to them. b The,Budd' Wheel Company, section operates on a three-shift basis ; there are two shifts in the Budd Induction Heating, Inc., division. BUDD WHEEL COMPANY 423 same capacity as the assistant foremen do in their divisions of the plant. The leaders possess and exercise authority to grant time off to subordinate timekeepers. While the record discloses no specific instances-in which, the leaders have made effective recommendations as to the hire; 'discharge, or discipline; of the timekeepers in; their section of the plant, the chief timekeeper insists that he relies upon them to make such recommendations, and would give effective weight thereto. We find that the leaders are supervisory employees and we shall, therefore, exclude them from the unit. We find that all timekeepers, excluding the chief timekeeper, the foreman, the assistant foremen, leaders and all 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 apropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V:•f THE DETERMINATION OF REPRESENTATIVES 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. 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, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain repre- sentatives for the purposes of collective bargaining with Budd Wheel Company-Edward G. Budd Manufacturing Company-Budd In- duction Heating, Inc., Detroit, Michigan, 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 super- vision of the Regional Director for the Seventh 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 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 the said pay-roll period because they 424 -DECISIONS, OF NATIONAL LABOR RELATIONS BOARD were ill or on vacation or temporarily laid off, and iiicluding em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding those employg^s,whoihave 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 International Union, United Automobile, Aircraft & Agricultural Implement Workers of America (UAW-CIO), for the purposes of collective bargaining.