South Bend Lathe Works

In the Matter of SOUTH BEND LATHE WORKS and UNITED STEELWORKERS OF AMERICA, LOCAL UNION No. 3389, C. I. O. Case No.13-R-26/.0.Decided November 27, 1944 McDermott, Will & Emery, by Mr. Fletcher Lewis, of Chicago, Ill., for the Company. Messrs. Freeman Bellar and Alfred Rebollo, of Gary, Ind., and Mr. Harry F. Kindy, of Mishawaka, Ind., for the Union. Mr. Julius Kirle, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Steelworkers of America, Local Union No. 3389, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of South Bend Lathe Works, herein called the Company, the National Labor Relations Board 'provided for an ap- propriate hearing upon due notice before Gustaf B. Erickson, Trial Examiner. Said hearing was held at South Bend; Indiana, on Octo- ber 13,1944. The Company 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 : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY South Bend Lathe Works, an Indiana corporation having its place of business and plant at South Bend, Indiana, is engaged in the manu- facture and sale of engine lathes and attachments. During the fiscal year ending November 30, 1943, the Company used raw materials con- 59 N. L. R. B., No.. 109. 562 SOUTH BEND LATHE WORKS 563 sisting principally of steel and cast iron valued in excess of $500,000, a substantial percentage of which came from points outside the State of Indiana. During the same period, the Company's gross sales were in excess of $10,000,000, a substantial volume of which was sold and transported to points outside that State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED United Steelworkers of America, Local Union No. 3389, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has,refused to grant recognition to the Union as the exclusive bargaining representative of certain of the Company's em- ployees until the Union has been certified by the Board in an appropri- ate unit. A statement of a Board agent introduced into evidence at the hear- ing indicates that the Union represents a substantial number of em- ployees 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 meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union seeks a unit of all salaried 2 office and clerical employees of the Company, including employees listed in Appendix A, but ex- cluding employees listed in Appendix B. The Company, while agree- ing with the aforesaid inclusions and exclusions, would, in addition, exclude a group of 30 other employees who are discussed below. Employees whose exclusion is requested solely by reason of their alleged supervisory status The record shows that there are eight 3 employees who act as assist- ants to the heads of various departments. They direct the work of 1 The Field Examiner reported that the Union submitted 70 cards, of which 38 were dated in August 1944, 9 in September 1944 , 18 were undated, and 5 were invalid ; and that there are approximately 115 employees in the claimed appropriate unit. ' At the hearing, it was established that all salaried employees, except the Company's executive and supervisory staff, are office and clerical employees. All other employees are production and maintenance employees who are paid on an hourly basis. It is agreed by the parties, and we find , that Joseph E. Shafer , a part-time employee, is not a salaried employee. S James Reid, George K. Blair , James L. Baker, Wilbur Yeakey, Arthur D. Hoffman, Alfred J. Denniston, William Reel, Jr., and William Geyer. 564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD others and possess supervisory authority under the Board's customary definition., We shall exclude them. Employees whose exclusion is requested by reason of their alleged confidential status William Bushman has supervision of the factory pay roll, prepares original personnel records and files, interviews applicants for posi- tions and approves applications for employment. He is assisted by Mae Hildebrand, who has a set of keys to the personnel files, and who assists him in preparing personnel data, including the placing in the personnel folders of rating sheets, rate changes, transfers, releases, and discharges. We find that they are employed in a con- fidential capacity. Nine other employees 4 also have access to the per- sonnel records of the Company. However, in the ordinary course of their duties, they are primarily concerned only with those records having to do with the pay roll, wage rates, prices, cost of production, and, various financial matters. This use of the personnel records is confined tb the obtaining of information relating solely to pay-roll data. We find that they are not confidential employees within the Board's definition .5 We shall , accordingly, include these nine em- ployees, but exclude William Bushman and Mae Hildebrand. Irene West acts as private secretary to the head of the order, scheduling and store departments , has access to and frequently uses the confidential files relating to some 60 employees . She is consulted with reference to the standards of employees, is present at the con- ferences within her department pertaining to wage increases and working conditions, and takes memoranda thereof. We shall exclude her s There are nine employees 7 who either open and distribute incoming mail, perform stenographic work in the offices of the departmental heads, or act as file clerks, or switchboard operators. These nine employees do not appear to have access to information of a sufficiently confidential character relating to the labor relations of the Company to warrant their exclusion." We shall include them." 4 Pauline Toman, Eulalic Dixon , Betty Wellman, Virginia Swanson, Betty Wukowits, Jane Zilky, Mary Weinland, Lorraine Hepler, and Elizabeth Gerard. See Matter of American Steel and Wire Company, 58 N L R B 253. ° See Matter of General Cable Corporation, 55 N. L. R. B. 1143 , and cases cited therein. Matter of Chrysler Corporation , 36 N. L. R. B 157; Matter of St. Johns River Shipbuilding Company, 52 N. L R B 12. 7 Betty Hatfield , Eunice Stein , Louise Van DeWalle , Martha J. Campbell , Mary Alice Powers, Jeannette Richardson, Dolores Konkol, Virginia Thennis, and Gertrude Gaedtke. $ Dolores Konkol, Virginia Thennis, and Louise Van Dewalle perform stenographic duties for the departmental heads of a sporadic nature and not in the usual course of their duties. Gertrude Gaedtke, although devoting 75 percent of her time to typing is not given the same kind of work as is given to the confidential secretary to the departmental head. 9 See Matter of U S. Automatic Corporation , 58 N L. R B. 662. SOUTH BEND LATHE WORKS 565 Joseph Magiera is engaged in the drafting of drawings and charts, and performs other- technical work. He also acts as a liaison between the factory and the sales department, and makes investigations which involve the engineering department. Since it appears that his duties are of a technical nature, we shall exclude him and all other technical employees from the unit.10 We find that all salaried office and clerical employees of the Com- pany,11 including employees listed in Appendix A, but excluding em- ployees listed in Appendix B, confidential employees,12 technical •emplgyees,l2 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,14 constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION O'_'' REPRESENTATIVES We shall direct that the question concerning representation 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 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, 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 representa- tives for the purposes of collective bargaining with South Bend Lathe Works, South Bend, Indiana, 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 of Election, under the direction and super- vision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and sub- ject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, 10 See Matter of Universal Atlas Cement Company, 54 N. L. R.B. 1555. 11 Including Pauline Toman , Eulalie Dixon, Betty Wellman, Virginia Swanson, Betty Wukowits , Jane Zilky , Mary Weinland , Lorraine Hepler, Elizabeth Gerard, Betty Hatfield, Eunice Stein, Louise Van DeWalle , Martha J. Campbell , Mary Alice Powers,' Jeannette Richardson , Dolores Konkol , Virginia Thennis, and Gertrude Gaedtke. 12 William Bushman , Mae Hildebrand , and Irene West. is Including Joseph Magiera. 14 As hereinabove found, James Reid, George K. Blair, James Baker, Wilbur Yeakey, Arthur D. Hoffman , Alfred J. Denniston , William Reel, Jr., and William Geyer, are excluded as falling within the above supervisory definition. 566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Union No. 3389, C. I. 0., for the purposes of collective bargaining. Cleo Arndt Jeannette Beghtel Helen Bjorkman Freda Blumberg Betty Jo Boone Evelyn Bryant Beverly Burns Mary Capatina Vida Mae Castle Rosemary Chapman Martha Cleghorn Geneta Craft Anna Dattilo Barbara Davis Dorothy Detroy Hazel Eckman Ruth Fetters Betty Fisher Bessie Flick Mary Fragomeni Rita Gembarzewski Dorothy Gewetzki Frieda Gielow Joan Ginther Alice Gondeck Bertha Goodenough Gertrude Grey Marilyn Hayes Mary Anne Hauck Margaret Henry Carol Heward Dorothy Hill Appendix A Janice Holm Viola Hostetler Hazel Hupp June Johnston Diane Jones Jean Jones Pearl Kasznia Dorothy King Helen Klaybor Betty McCrea Phyllis Manges Ila D. Marriott Suzanne Martell Lorraine Melton Miriam Metzger Betty Moore Dorothy Moore Geraldine Mow Marian Nagy Ethel Omundson Elizabeth Orey Hazel Peterson Maryjane Peterson Elfrieda Petzke Eleanor Polman Evelyn Pyclik Lila Redman Georgene Rhoades Irene Savage Irene Schultz Donna Shindollar Marjorie Smith SOUTH Norma Stanton Bette Steffey Arlene Strickland Dorothy Swartz Alda Tippy Mary Jane Tollens Helen Toth Marie Tridle Mardell Vance Ann Vargo Margaret Vermilyer Michael Berta Pearl Boggs Otto Costello John O. Dominick Thomas H. Edmunds John S. Elias James C. Everett Joshua Fields George Garbin Mary Gillis Nancy Hamilton John Hartman Carl Resler Clifford Hubbard N. D. Jackman L. E. Jacomet Charles B. Jankowski Paul M. Kenady Raymond Krillenberger R. T. Kroll Henry Lakey BEND LATHE WORKS Jane Waggoner Mary Walsh Mary Wegh Jean Wendt Esther Wharton Winifred Wilcox Lillian Winslow Alice Wittner Ruth Zeiger Cecilia Zonenberg Appendix B Helen Lane Ray J. Lattimer C. A. Lott Otis H. Loy Harold Martin Jane McNeil William Minges John Oberle Fred O'Blenis Duncan O'Conor Bert E. Olmstead William N. Otolski Lloyd Pieratt P. M. Rudduck Lloyd Shroff Rozela Southworth Stanley Thomas Clarence Trowbridge James Vance C. W. Vogel R. S. Young 567