Automatic Instrument Co.

In the Matter of AUTOMATIC INSTRUMENT COMPANY and INTER- NATIONAL ASSOCIATION OF MACHINISTS, LODGE 475, A. F. L. Case No. 7-R-1935.-Decided April 17, 1945 Messrs. Stephen F. Dunn and H. E. Atchison, both of Grand Rapids, Mich., for the Company. Mr. Carl Cederquist, of Detroit, Mich., and Messrs. E. L. Mercker and Homer J. Provonche, of Grand Rapids, Mich., for the A. F. L. Mr. Joseph D. Manders, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Association of Machin- ists, Lodge 475, A. F. L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Automatic Instrument Company, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon due notice before Sylvester J. Pheney, Trial Examiner. Said hearing was held at Grand Rapids, Michigan, on March 1, 1945. The Company and the Union appeared and partici- pated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues.' The Trial Examiner's rulings made at the hear- ing 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 follow- ing : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Automatic Instrument Company is a Michigan corporation. Its principal plant, located at Grand Rapids, Michigan, is involved in this proceeding. The Company at its Grand Rapids plant is engaged in the manufacture of aviation instruments, precision aircraft con- 61 N. L. R. B, No. 84. 591 592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD trols and parts, precision locks, automatic relays and variable air con- densers; approximately 100 percent of such products is utilized in the war effort. The value of raw materials purchased per month averages $15,000 to $20,000, approximately 60 percent of which is purchased and shipped to the Company's Grand Rapids plant from points out- side the State of Michigan. The value of finished products manu- factured per month averages $75,000 to $80,000, approximately 75 per- cent of which is shipped to points outside the State of Michigan. The Company admits that its operations affect commerce within the meaning of the National Labor Relations Act, and we so find. II. THE ORGANIZATION INVOLVED International Association of Machinists, Lodge 475, affiliated with 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 grant recognition to the Union as the exclusive bargaining representative of its employees at the Grand Rapids plant until the Union has been certified by the Board in an appropriate 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 contends that all toolroom employees at the Grand Rap- ids plant, including the assistant foreman, but excluding office, clerical and supervisory employees, constitute an appropriate unit. The Com- pany does not oppose the classification of employees proposed by the Union, its position being confined to the contention that the assistant foreman should not be included in the unit requested by the Union.2 There are approximately 155 employees at the Company's plant. The toolroom of the plant utilizes 7 employees,3 including the foreman. 1 The Field Examiner reported that the Union submitted 6 application for membership cards bearing apparently genuine signatures of persons appearing on the Company's pay roll of January 7, 1945 There are approximately 6 employees in the appropriate unit. 2 The record indicates that the Company is taking this position merely to be consistent with its contention in respect to assistant foremen in another case presently before the Board 3A part-time employee, whose eligibility is determined infra, is included herein. AUTOMATIC INSTRUMENT COMPANY 593 We find, in substantial agreement with the parties, that the foreman is a supervisory employee and is thereby excluded from the unit. The assistant foreman, who is the son of the foreman,4 has more experience and length of service and receives a higher hourly rate of pay than other toolroom employees. Complaints from other toolroom em- ployees referred to the assistant foreman are submitted by him to the foreman for ultimate disposition. Although the assistant foreman "lays out" a small quantity of work, assists other employees, and re- places the foreman for approximately 2 hours per week in the latter's absence, the, said assistant foreman does not have the authority effec- tively to recommend a change in the status of employees who work side by side with him .5 We find that the assistant foreman does not have the indicia of a supervisory employee, and we, therefore, include said assistant fore- man in the unit found appropriate hereinafter.6 We hereby find that all toolroom employees, including the assistant foreman, but excluding office and clerical employees, the foreman, and all or any other super- visory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION Or 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 Elec- tion herein, subject to the limitations and additions set forth in the Direction. We find, in substantial agreement with the Company and the Union, that Frank Vandervoord, Jr., is a regular part-time employee and eligible to vote. 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 4 The Company's contention that the assistant foreman should be excluded from the unit is predicated upon his alleged supervisory authority , and not upon his relationship to the foreman . Such relationship does not alter our conclusion that the individual here involved is properly included in the bargaining unit. 5 A company witness testified that an employee was discharged upon the recommenda- tion of the assistant foreman But the record further reveals that said employee was discharged "eventually " and only after he had been subjected to "the foreman 's obser- vation." 41 See Matter of Goodman Manufacturing Company, 58 N L. it. B. 105. 594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain represent- atives for the purposes of collective bargaining with Automatic In- strument Company, Grand Rapids, Michigan, 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 Seventh 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 Reg- ulations, among the employees in the unit found appropriate in Sec- tion IV, and eligible in Section V, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during the said pay-roll period because they were ill or on vacation or temporarily laid off, and in- cluding 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 International As- sociation of Machinists, Lodge 475, affiliated with the A. F. L., for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.