The Yale & Towne Manufacturing Co.

In the Matter of THE YALE & TOWNE MANUFACTURING COMPANY and AMERICAN FEDERATION OF LABOR Cases Nos. 2-R-5150 and 0-R-5275-Decided Febricary 15, 1945 Porter Taylor, by Mr. F. Carroll Taylor, of New York City, and Messrs. Dow G. Roof and Harold Tunison, of Stamford, Conn., for the Company. Mr. Raphael O'Connell, of Springdale, Conn., and Mr. James J. Clerkin, of Bridgeport, Conn., for the Union. Mr. Bernard Goldberg, of counsel to the Board. DECISION DIRECTION OF ELECTION AND ORDER - STATEMENT OF THE CASE Upon separate petitions duly filed by the American Federation of Labor, herein called the Union, alleging that questions affecting com- merce had arisen concerning the representation of employees of The Yale & Towne Manufacturing Company, Stamford, Connecticut, herein called the Company, the National Labor Relations Board con- solidated the cases and provided for an appropriate hearing upon due notice before John J. Cuneo, Trial Examiner. Said hearing was held at Stamford, Connecticut, on January 12, 1945. 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 1. THE BUSINESS OF THE COMPANY The Yale & Towne Manufacturing Company is a Connecticut corpo- ration which, in addition to its principal plant at Stamford, Con- 60 N. L. R. B., No. 116. 626 - THE YALE & TOWNE MANUFACTURING COMPANY 627 necticut, also operates several other plants throqghout the United States and foreign countries. This proceeding is concerned with the Stamford plant, where the Company is engaged in the manufacture of locks, hardware and related products. During the year ending on or about November 2, 1944, the Company purchased raw materials for use in its manufacturing operations at the Stamford plant valued in excess of $1,000,000, of which about 50 percent was shipped to the said plant from points outside the State of Connecticut. During the same. period, the Company manufactured at the Stamford plant finished products valued in excess of'$1,000,000, of which approximately 50 percent was transported to points outside the State of Connecticut. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The American Federation of Labor is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the Union as the bargaining representative of either its tool designers or its time-study men unless and until the Board certifies the Union as the bargaining representative of such employees. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of 'employees in each of the units which it alleges to be 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 DETERMINATION OF REPRESENfrATIVES The Union seeks two separate units; one comprising tool designers and the other time-study men. The Company contends that both groups of employees perform management functions and should, therefore, be excluded from any unit. Tool designers: The tool designers are highly skilled technicians who design tools, dies and fixtures. Much of their work is done in association with methods engineers who, together with product de- signers, have previously been found to constitute an appropriate unit.' The technical background and interests of the methods engineers and 1 The Field Examiner reported that in the tool designers' unit, the Union submitted authorization cards from all four' employees in the proposed unit and that in the time- study men 's unit, the Union presented authorization cards from six of the seven employees in the alleged appropriate unit. All of the cards were dated in•July and August 1944. 2 Matter of The Yale t Towne Manufacturing Company, 56 N. L. R. B. 1107. 628 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tool designers are similar. While the .tool designers, in the normal course of their work, acquire knowledge of business secrets, none of their work involves participation either in the conduct of the Com- pany's labor relations, the determination of wage rates or earnings of employees, or in any other duties considered managerial. We are of the opinion, therefore, that the work of the tool designers does not involve the performance of managerial functions. Both the Union and the Company agree that if the Board rejects the Company's con- tention as to the management status of the tool designers, these em- ployees may properly be included in the unit of methods engineers 'and product designers previously found appropriate; in this we con- cur. We shall, therefore, permit the preference of the tool designers to determnine whether or not they shall be added to the existing unit of methods engineers and product designers, and to that end shall order a self-determination election. If at such election the tool designers select the Union they will have thereby indicated their desire to be included in a unit with the methods engineers and product engineers, and the Union may accordingly bargain for them as part of such unit. We shall direct that an election by secret ballot be held among the tool designers 3 employed by the Company at its Stamford plant, ex- cluding all supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, who were employed during the par-roll period immediately preceding the-date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. Time-study men: In Matter of The Yale eQi Towne Manufacturing Company, 4 the Board excluded these time-study men from a unit of office and clerical employees, stating : "Time-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 man- agement and, although their determinations do not effect earnings of the employees whom we shall include in the unit, we are of the opinion that their interests and functions are sufficiently akin to those of -management to warrant their exclusion." The evidence in the instant proceeding indicates that there has been no change in the duties of the tithe-study men; they time the various operations performed by a piece worker and set a rate for the job. This rate is almost,in- variably accepted by the Company. In view of their controlling role in the setting of wage rates which we deem to be a function of management, we are of the opinion that the time-study employees 8 The pay-roll title of such employees is design engineer-tool. 4 55 N. L R. B. 66. THE'YALE & TOWNE MANUFACTURING COMPANY 6129 should neither be included in a unit with other employees, nor be es- tablished as a separate unit.5 Accordingly, we find that a unit of time-study employees as sought herein by the Union is inappropriate for the purposes of collective bargaining and we shall therefore dismiss the petition. 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 Rela- tions Board Rules and Regulations- S'_-ries 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Yale & Towne Manufacturing Company, Stamford, Connecticut, 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 supervision of the Regional Director for the Second 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 Regula- tions, among the tool designers employed by the Company- at its Stamford plant, excluding all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, 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 any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to de- termine whether or not they desire to be represented by the American Federation of Labor, for the purposes of collective bargaining. ORDER Upon the basis of the foregoing findings of fact, and the entire rec- ord in the case, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives in Case No. 2-R-5275 filed by the American Federation of Labor, be. and it hereby is, dismissed. IS,ee Matter of Oliver Farm Equipment Company, 53 N. L. R. B. 1078 ; Matter of Con- sohdated Vultee Aircraft Corporations ( San Diego Division ), 54 N. L . R B 103; Matter of Armour and Company, 54 N. L. R. B. 1462 ; Matter of Inland Steel Container Company, 56 N. L R. B. 138 ; Matter o f Micamold Radio Corporation, 58 N. L. R. B. 888 Compare, Matter of Electric Auto Lite Company, 57 N. L R B. 723, and Matter of General Cable Corporation, 57 N. L R . B. 1651, with preceding cases.