The Studebaker Corp.

In the Matter of THE STUDEBAKER CORPORATION, ST. LOUIS, MISSOURI PARTS DEPOT, EMPLOYER and AUTOMOTIVE PETROLEUM AND ALLIED INDUSTRIES EMPLOYEES, UNION No. 618, AFFILIATED WITH I. B. OF T. C. W. H. or A., AFL, PETITIONER Case No. 14-RC-799.-Decided October 11, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Harry G. Carlson, hearing 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 Houston, Reynolds, and Murdock]. 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 involved claims 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 following employees of the Employer at its St. Louis, Mis- souri depot, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All office employees,' excluding all other employees of the Employer, I Employer moved to dismiss the petition , contending that the Petitioner may not repre- sent the office workers because it is already the certified bargaining representative for all other employees at the Employer's depot, excluding the office workers and supervisors. The Board has frequently held that clerical employees , although generally excluded from units of production and maintenance workers, may constitute separate appropriate units and may be represented therein by whatever bargaining agency they choose. Matter of Chrysler Corporation, 76 N. L. R . B. 50 ; Matter of Art Metal Construction Company, 75 N. L. it. B. 80; Matter of International Salt Company, Inc., 74 N. L. R . B. 1253 ; Matter of Swift & Co., 65 N. L. it. B. 423. 86 N. L. R. B., No. 65. 460 THE STUDEBAKER CORPORATION 461 guards, professional employees , and all supervisors as defined in the Act.2 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes 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 super- vision 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 and rein- stated 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 Automotive Petroleum and Allied Industries Employees, Union No. 618, affiliated with I. B. of T. C. W. H. of A., AFL. 2 Employer urges the exclusion from the unit of the secretary -stenographer, contending that she is a confidential employee . This employee takes dictation from the manager and assistant manager, and handles the filing of correspondence pertaining to records, reports, and qualifications of other employees . All general labor policies affecting such matters as wages, normal hours of employment , and conditions of employment, are formu- lated by the Employer at its home office. The local manager has the responsibility only of determining whether or not employees meet required qualifications . Advancements are automatic If the qualifications are met. We find that the secretary-stenographer does not assist In a confidential capacity anyone handling the Employer 's general labor relations. Accordingly, we shall include this employee in the unit. See Matter of Inter-Mountain Telephone Company, 79 N. L. R. B. 715; Matter of Automatic Electric Company, 79 N. L. R. B. 1057.