International-Plainfield Motor Co.

In the Matter Of INTERNATIONAL-PLAINFIELD MOTOR COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRI- CULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL NO. 343, CIO Case No. f-R-6042.Decided April 5i 1946 Chadbourne, Wallace, Parke & Whiteside, by Mr. Dwight R. Collin, of New York City, for the Company. Rothbard, Harris & Oxfeld, by Messrs. Emil Oxfeld and Abraham L. Friedman, of Newark, N. J., for the Union. Mr. Samuel G. Hamilton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Union, United Automo- bile, Aircraft and Agricultural Implement Workers of America, Local No. 343, CIO, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of International-Plainfield Motor Company, Plainfield, New Jersey, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Robert Silagi, Trial Examiner. The hearing was held at Newark, New Jersey, on January 21, 1946. 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 evi- dence 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 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 International-Plainfield Motor Company is a New Jersey corpora- tion whose stock is owned by Mack-i^'lanufacturing Corporation. At Plainfield, New Jersey, the Company operates its parent's Factory 67 N. L. R. B., No. 9. 92 INTERNATIONAL-PLAINFIELD MOTOR COMPANY u3 Division, which is the plant involved in this proceeding. The Com- pany is there engaged in the manufacture of motor trucks, busses, fire apparatus, and similar products. The principal raw materials used by the Company in its manufacturing operations are steel and other metals. During the year 1945 the Company purchased raw materials valued in excess of $1,000,000, of which at least 50 percent was shipped from points outside the State of New Jersey. During the same period, the Company sold more than $1,000,000 worth of manufactured prod- ucts, of which at least $1,000,000 worth represented shipments to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft and Agricul- tural Implement Workers of America, Local No. 343, is a labor organi- zation affiliated with the Congress of Industrial Organizations, admit- ting 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 certain of its employees 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 seeks a unit comprising all powerhouse engineers of the Company, excluding supervisory employees. The Company con- tends, contrary to the Union, that all powerhouse engineers are super- visory employees. There are two power plants known as the Second Street Power Plant and the Front Street Power Plant. Three of the six engineers are classified as shift engineers and three as chief engineers. All engi- neers are licensed by the State of New Jersey. ^ The Field Examiner reported that the Union submitted five application and authoriza- tion cards, and that there are approximately six employees in the alleged appropriate unit. 94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Shift engineers The night shift engineer at the Second Street Power Plant 2 operates on the same shift with the chief engineer in charge of the plant at night. He alternates with the chief engineer in taking readings. Although he is classified as a shift engineer he is not now in charge of a shift, and the Company does not claim that he has the right to recommend the hire or discharge of employees. This employee re- ports to the night chief engineer at the Second Street Power Plant. The assistant to the chief engineer on the day shift at the Second Street Power Plant 3 helps to start the machines, takes readings of the meters and checks the pumps. He also transmits orders of the chief engineer to the firemen, coal passers, and mechanics. Although he is classified as a shift engineer, he operates the plant only during the absence of the chief engineer, and then.only during 5 days of the week. Apparently he has never made any recommendations with respect to hiring, discharging, or disciplining of employees. The night shift engineer at the Front Street Power Plant 4 operates this plant during the night shift except on Sunday, when he relieves the chief engineer in charge of the day shift at the Second Street Power Plant. He has never made any recommendations with respect to hiring, discharging, or disciplining of employees, nor has he been told that he has such authority. Under all the circumstances, we find that the three shift engineers are not supervisory employees within the meaning of our customary definition. Chief engineers The night chief engineer at the Second Street Power Plant 5 is in charge of the plant during the night shift. He keeps all the equip- ment in order, starts and stops turbines and generators, maintains proper electrical voltage, and keeps a log of meter readings. He is assisted by a shift engineer and a fireman. He reports such ineffi- ciency and lack of attention on the part of employees on his shift which affect the safety of the plant to his immediate superior, the chief engineer operating on the day shift, as well as the maintenance superintendent and the plant superintendent. He testified that he understands his duties to be those of an operating engineer in charge of a shift, limited by the requirements of his license and the license laws, which place the responsibility for the operation and, safety of the plant, employees, and equipment on the engineer in charge of a 2 Albert Kisko. 2 E. Sutter. * J. McGovern. 2 John Kisko. INTERNATIONAL-PLAINFIELD MOTOR COMPANY 95 plant. The day chief engineer at the Front Street Power Plant" operates this plant during the day shift. He supervises a fireman, and a coal passer and millwright, *1 arranges for, and issues in- structions to the night shift engineer,to take charge of the plant during his absence. He interviews applicants for firemen positions, and, apparently, his advice has frequently been followed by the Com- pany. The day chief engine)- at the Second Street Power Plant 7 operates this plant during the day shift. He supervises a shift engineer and five other employees. He also checks and signs time cards. He passes on the qualifications of applicants for positions as firemen and apparently his favorable opinion frequently, if not al- ways, has been followed by their employment by the Company. Reports of the chief engineers concerning the unreliability of em- ployees under their supervision have been followed by the transfer, forced resignation, or discharge of the employees involved. Under all the circumstances, we are convinced that they are supervisory em- ployees within the meaning of our customary definition. Accord- ingly, we shall exclude the chief engineers from the unit. We find that all engineers of the Company classified as shift en- gineers, excluding engineers classified as chief engineers, and all other 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, constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 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 Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby 6 George C. Hadley 4 C. B Freeland. 96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with International- Plainfield Motor Company, Plainfield, New Jersey, 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 Regulations, among employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including em- ployees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including em- ployees in the armed forces of the United States who present them-A selves 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 Union, United Automobile, Aircraft and Agricultural Implement Workers of Amer- ica, Local No. 343, CIO, for the purposes of collective bargaining.