Overhead Door Co. of Pennsylvania, Inc.

In the Matter of OVERHEAD DOOR COMPANY OF PENNSYLVANIA, INC., EMPLOYER and TEXTILE WORKERS UNION OF AMERICA, CIO, PETI- TIONER and INDEPENDENT WOODWORKERS UNION, PETITIONER Cases Nos. 6-RC-381 and 6-RC-392 (consolidated) .-Decided September 21, 1949 DECISION AND DIRECTION OF ELECTION Upon separate petitions duly filed, a consolidated hearing was held before Eugene Threadgill, hearings officer. 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-member panel [Members Reynolds, 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 organizations 1 involved claim to represent certain 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. 4. The appropriate unit ; the determination of representatives : The Textile Workers seeks a unit of all production and maintenance employees and laborers, at the Employer's Lewistown, Pennsylvania, plant, including janitor-watchmen and installation men. The Wood- workers seeks a unit of all employees at the plant, excluding office employees. The Carpenters seeks a unit of production workers,2 such 3 Contrary to the contention of Textile Workers Union of America, CIO , herein called the Textile Workers, we find that Independent Woodworkers Union, herein called the Wood- workers, is a labor organization within the meaning of the Act, Accordingly, the Textile Workers' motion to dismiss the petition filed by the Woodworkers in Case No. 6-RC-392 is hereby denied. Matter of James R. Kearney Corp., 81 N. L. R. B. 26. 2 At the hearing the Carpenters described the unit sought as all production workers, Ynamely, helpers, truckmen, hardwaremen , machine operators, welders, assistant super- 86 N. L. R. B., No. 14. 65 66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as was bargained for by it under its prior contract. The Carpenters would exclude janitor-watchmen from the unit, and the Textile Work- ers would exclude those employees formerly classified by the Employer as "supervisors" and "assistant supervisors." The Employer took- no position with regard to the appropriateness of the unit, but indi- cated a desire that the employees formerly classified as "supervisors" and "assistant supervisors" be included therein. The Employer, a Delaware corporation with its only.plant located in Lewistown, Pennsylvania, is engaged in the manufacaure and installation of overhead doors. Its plant is comprised of 2 buildings, one serving as a shop in which doors are made, and the other serving as a warehouse. There are about 60 production and maintenance employees who work in the plant. As the unit sought herein by the Textile Workers, the Woodworkers, and the Carpenters is substantially the same, and since no valid reason appears to the contrary, we find, in accordance with our usual practice, that a plant-wide unit of pro- duction and maintenance employees is appropriate. ' However, there remains for consideration the placement of certain classification of employees. Janitor-watchmen: There are four employees, whom the Carpenters would exclude, who serve in the dual capacity of watchmen and janitors. Seventy-five percent of their working time is spent in the performance of janitorial duties, while only 25 percent is spent in the performance of watchmen duties. Since these employees spend less than 50 percent of their worktime in the performance of watch- men duties, we shall include them within the unit.s Working group leaders: 4 There are five or six employees in this classification who were formerly classified as "supervisors" and "as- sistant supervisors." They were so termed in the Employer's expired contract with the Carpenters, although they were included within the unit covered by that contract. The Employer stated at the hearing that the terminology used in the contract in so classifying these employees was misleading. They spend almost all of their time in the perform- ance of physical work, and although they transmit the orders of their superiors, they exercise no independent judgment or discretion. They have no authority to hire, discharge, or effectively recommend a change in the status of other employees. We shall, therefore, include them within the unit.5 visors, installation men, supervisors who are specialists, shipping clerks, layout men, and painters." Matter of Matheny Creek Lumber Co., 85 N. L. R. B. 515. * As already noted, the Textile Workers would exclude these employees, whereas the other parties would include them. 5 Matter of H. J. Heinz Company, 77 N. L. R. B. 1,10..'.. OVERHEAD DOOR COMPANY OF PENNSYLVANIA, INC. 67 We find that all production and maintenance employees and labor- ers, at the Employer's Lewistown, Pennsylvania, plant, including janitor-watchmen, working group leaders, and installation men,6 but excluding office employees, professional employees, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION 7 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 Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, among the employees in the unit found appropriate 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 Textile Workers Union of America, CIO or by Independent Woodworkers Union, or by Local No. 1333, United Brotherhood of Carpenters and Joiners of America, Carpenters District Council of Pittsburgh and Vicinity, AFL, or by none. 6It was stipulated by the Textile Workers, the Woodworkers, and the Carpenters that the four employees who perform installation work out of the Lewistown plant , and who .are carried on that plant's pay roll, should be included within the unit. 7 Any participant in the election directed herein may, upon its prompt request to and approval thereof by the Regional Director, have its name removed from the ballot. 8 Approximately 27 employees were laid off by the Employer in February and April of 1949. All such employees were advised that they were discharged because of lack of work, but some were told that they would be rehired when the Employer 's business recovered. The Employer stated at the hearing that it considers these laid-off employees permanently severed from its force. Accordingly , and contrary to the contention of the Textile Workers, we find that any such employees , who have not been rehired, are not eligible to vote. See )fatter of Wells Furniture Mannfacturinq Company , 71 N. L. It. B. 1469.