Amos Thompson Corp.

In the Matter of Amos MOLDED PLASTICS DIVIsIoN OF Amos THOMPSON CORPORATION, EMPLOYER , and INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER Case No. 35-RC-45.-Decided August 27, 1948 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of Chairman Herzog and Members Murdock and Gray., Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization named below claims to represent employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.2 4. The Petitioner seeks a unit composed of all employees of the Amos Molded Plastics Division of Amos Thompson Corporation, excluding office, clerical and professional employees, draftsmen, guards, watch- men, foremen, and supervisors. The Employer agrees-with this pro- posed unit, except that it would also exclude inspectors, toolroom em- ployees, the semi-finished goods stock clerk, and the raw materials clerk. 3 Board Member Gray not participating. 2In its brief, the Employer moved to dismiss the petition on the ground that there was no evidence presented at the hearing to show that the Petitioner represented any of the Employer's employees. We have held on numerous occasions that the showing of interest is an administrative matter not subject to collateral attack. Matter of 0 D. Jennings & Co., 68 N. L. R. B. 516; Matter of Lion Oil Co., 76 N. L. R. B. 565; Matter of Stokely Food8, Inc., 78 N. L. It. B. 842. 79 N. L. R. E, No. 26. 201 202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Inspectors: There are 12 inspectors, male and female, who work under the supervision of a chief inspector. They inspect work in process, principally by visual means, and reject substandard work. As production workers are paid on a piecework basis, rejections by inspectors may affect the earnings of the production employees. How- ever,-the inspectors-are not supervisors.. ,In accordance. with our prac- - tice, we shall include them in the unit .3 Toolroom employees: There are five or six toolroom employees who repair molds, gigs, and fixtures. The toolroom employees are skilled tool and diemakers. As no other labor organization seeks to, represent them, we shall include them in the unit in accordance with usual practice.' Semi-finished goods stock clerk: There is one employee in this Cate- gory.,, He works in the plant in close contact with the production employees and is generally subject to the same conditions of employ- ment as production employees. As a plant clerical employee, he should be included in the unit. Raw materials clerk: The raw materials clerk supervises the work of five employees. He has the authority to recommend the discharge, transfer, or promotion of these five employees. We shall exclude him from the unit as a supervisor. We find that all production and maintenance employees of the Amos Molded Plastics Division of Amos Thompson Corporation, including inspectors, toolroom employees and the semi-finished goods stock clerk,, but excluding office, clerical and professional employees, draftsmen,. guards, watchmen, the raw materials clerk, foremen, and all super- visors as defined in the Act, constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 '(b), of the Act. DIRECTION OF ELECTION . As part of the investigation to ascertain representatives ,for the pur- poses of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the 'date of this Direction, under the direction and supervision of the Regional Director for the Ninth Region, and subject to Sec- tions 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, among the employees in the -unit found appro- 3 Matter of Clayton Mark .E Co , 76 N L R. B 230 AMatter of Chase-. hawmut Co , 71 N L R. B 610 AMOS THOMPSON CORPORATION, 203- priate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, 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, and also excluding employees on strike who are- not entitled to reinstatement, to determine whether or not they desire to- be represented, for purposes of collective bargaining,'by International Association of Machinists.