The White Motor Co.

In the Matter of THE WHITE MOTOR COMPANY and FOREMAN'S ASSOCIATION OF AMERICA ( INDEPENDENT ), CHAPTER 102 Case No. 8-B-1903.-Decided April 96, 1946 Mr. Thomas E. Shroyer, for the Board. M. B. d H. H. Johnson, by Messrs. John T. Scott, John H. Watson, Jr., and Robert W. Wheeler, of Cleveland, Ohio, for the Company. Mr. William Valiance, of Detroit, Mich., for the Union. Mr. Seyifiowr Cohen, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon a petition duly filed by Foreman's Association of America (Independent), Chapter 102, herein called the Union,' alleging that a question affecting commerce had arisen concerning the representa- tion of employees of the White Motor Company, Cleveland, Ohio, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Earl S. Bell- man, Trial Examiner. The hearing was held at Cleveland, Ohio, on various dates between October 2 and 19, 1945. The Company and the Union appeared and participated .2 All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the hearing, the Company moved to dismiss the petition on various grounds. The Trial Examiner referred this motion to the Board. For reasons stated hereinafter, the motion is hereby denied. The Trial Examiner's rul- ings 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 follow- ing : I The petition was amended at the hearing to show the chapter number of the Union. t International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, C. I. 0., hereinafter called the C. I. 0., was served with Notice of Hearing but did not enter a formal appearance . However, its president and secretary attended the hearing, solely to protect its interest in the rank and file employees whom it represents. 67 N. L. R. B., No. 107. 828 THE WHITE MOTOR COMPANY FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 829 The White Motor Company is an Ohio corporation, having its prin- cipal office and place of business in Cleveland, Ohio, where it is engaged generally in the manufacture of motor trucks and busses. It operates also some 43 service branches located in various cities throughout the United States, but it is with its single manufacturing plant in Cleveland, Ohio, that we are here solely concerned. In the operation of this plant, the Company during the past year purchased materials valued in excess of $50,000,000, of which a substantial pro- portion was shipped to it from points outside the State of Ohio. Dur- ing the same period, the Company's sales of its products exceeded $50,000,000 in value, of which a substantial proportion was sales of trucks and busses shipped to points outside the State of Ohio. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Foreman's Association of America (Independent), Chapter 102, is an unaffiliated labor organization, admitting to membership super- visory employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of any of its supervisory employ- ees. The Company contends that the Board is without jurisdiction in this matter because the supervisors herein sought to be represented by the Union are not' "employees" within the meaning of the Act. The status of supervisory personnel has been considered in a number of cases. Both the Board 3 and the courts 4 have held that, in relation to their employer, supervisors are employees within the meaning of the Act. Accordingly, we find that the supervisors involved in this proceeding are employees within the meaning of the Act. A. statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.5 3 Matter of Son Manufacturing Company, et al., 56 N. L. R B. 348 ; Matter of Packard Motor Car Company, 61 N. L. R. B 4, and 64 N. L R B 1212, Matter of L. A. Young Spring it Wire Corporation, 65 N L. R B 298; Matter of The Midland Steel Products Company, Pariah it Bingham Division, 65 N L R B. 997. 4 N. L. R. B v. Armour and Co., 154 F. (2d) 570 (C. C. A. 10, November 5, 1945) ; Jones it Laughlin Steel Corporation v. N. L. R. B,, 146 F. (2d) 833 (C. C. A. 5) ; N. L. R. B. v. Skinner it Kennedy Stationery Company, 113 F. (2d) 667 (C. C A. 8). "The Field Examiner reported that the Union submitted 186 application cards and that there are approximately 226 employees in the alleged appropriate unit. 830 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 DETERMINATION OF REPRESENTATIVES Position of the Parties The Union seeks a unit composed in essence of all supervisory per- sonnel below the level of division managers who supervise production and maintenance workers and workers in so-called "closely related functions or departments ," excluding office or clerical supervisors, and technical and engineering supervisors.s The Company, in opposing the unit sought by the Union, contends that ( a) the establishment of such a unit would not effectuate the policies of the Act or be in the public interest ; (b) the proposed unit is inappropriate because it includes several levels of supervision; and (c) even if some unit is found appropriate , many of the positions sought to be included by the Union should properly be excluded. Structwral Organ;i3at-on The Company's plant in Cleveland is composed of about 20 divi- sions, including various manufacturing. sale,, engineering, parch I,- In and fiscal divisions. There are approxlnlately .5,:1O0 enipioyee,, including some -070 supervisory and managerial eniployeea. The su- pervisory hierarchy within each division and the ranges of their approximate respective monthly base salaries may be generally .ummed up as follows : 6 The amended petition filed by the Union set out the unit ac follows ".ill ^upervi,ory personnel , bearing whatever title, belonging at that supervisory level variously described by the Company as superintendent, supervisor, general foreman or assistant manager and their supervisory subordinates who are supervisory over maintenance, production and service workers or over workers in closely related functions or departments including assistant chief inspector, senior inspector and foreman in the Quality Control Division, assistant purchasing agent, buyer and supervisor in the Purchasing Division, all super- visory workers below the level of and not including the purchasing agent with the excep- tion of the traffic manager in the Materials Control Division, general foreman and foreman in the Learner's Division , and the fire warden, his assistant and the head nurse in the Industrial Relations Division , excluding all supervisory persons over office or clerical personnel, technical and engineering supervisors , the entire Industrial Relations Division with the exceptions named above or any supervisory employees who have managerial or final policy making authority " In order to indicate with more particularity the positions desired to be included and excluded by the Union, an "X" was placed by it over each position sought as contained in a set of organization charts of the Company which constituted Board's Exhibit 4. At the close of the hearing , the Union stated a desire to amend its petition to include , In effect, all those positions which the Board from the evidence might find proper inclusions on the Trial Examiner 's statement that he would deny such a motion because of its generality, the Union allowed it to stand as a statement of position From all the evidence , we believe that the Union seeks a unit of essentially production and maintenance supervisors THE WHITE MOTOR COMPANY 831 Division Manager ( and comparably equivalent posi- tions ) ------------------------------------------ $450-900 General Foreman or Superintendent ( and comparably equivalent positions) ----------------------------- 275-475 Foreman ( and comparably equivalent positions ) ------ 225-325 Assistant Foreman (and comparably equivalent posi- tions-------------------------------------------- 240-286 Generally speaking, division managers are in charge of entire divi- sions and directly supervise superintendents and general foremen, and others variously designated who are comparable to superintend- ents and general foremen in responsibility and authority. Superin- tendents and general foremen are heads of departments within the divisions and supervise foremen, and others variously designated who are comparable to foremen in responsibility and authority, including a large number of "assistant foremen."' There are but approximately 20 general foremen or superintendents. In most instances, super- visors having under their supervision other supervisory employees have power effectively to recommend a change in the status of such subordinates. All supervisors are salaried, all enjoy such privileges as loss of time without loss of pay because of sickness or being late, and all below the level of division manager punch time clocks and receive overtime pay. Under the grievance procedure set out in the rank and file bar- gaining agreement,8 the "department foreman" represents the Com- pany in the first and second stages, and he and the division manager represent the Company in the third stage. All supervisors in the manufacturing divisions below division managers attend a Super- visors' Conference.9 The Company's Contentions The Company argues in its brief that the establishment of a unit of its supervisory employees would not effectuate the policies of the Act or be in the public interest. We considered a similar argument in ' Some of the foremen have assistant foremen under their charge, 8 In a collective bargaining agreement labeled "Factory Agreement," effective as of July 15, 1944, and still in effect at the time of the hearing, the Company recognizes the C. I. O. "as the exclusive representative for its hourly and piece workers and for its office workers below the positions of supervisor and assistant supervisor in its Cleveland plants for the purpose of collective bargaining." A supplementary agreement , labeled "Office Agreement," and effective as of the same date, applies "only to salaried office employees lower in posi- tion than Supervisors and Assistant Supervisors , but excluding all confidential employees and time study men." There were no Board unit findings or Board-conducted elections prior to the entering into of these agreements S The Supervisors' Conference holds meetings twice a month, except during the summer, in which a wide variety of subjects connected with the work, procedures, and responsi- bilities of the member supervisors are discussed . The conference, under a Director of Super- visors' Conference who is a member of the Industrial Relations Division , has its own quarters composed of meeting rooms and a lounge to which only members have access. 832 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the recent Young case 10 and found it, as we do here, to be without merit. In discussing the purposes and policy of the Act, we there pointed out that it was intended to encourage the practice of collective bargaining as a means of settling labor disputes by peaceful means rather than by strife, and that this policy was as applicable to labor disputes involving supervisory employees as to those involving rank and file employees." The Company's contention that its situation is different from that which confronted us in the Packard case, both as to type of industry and the authority and responsibility of its supervisory employees, is also without merit in the light of the Young and subsequent cases 12 We held there, as we do here, that, as "employees" under the Act, supervisors are entitled, like non-supervisory employees, to be placed in some appropriate bargaining unit under Section 9 (b) ; that the type of industry is immaterial; and that the nature of the duties and responsibilities of supervisors is relevant only insofar as it bears on the question of proper grouping for collective bargaining purposes. We also held there, as we do here, that Section 9 (b) does not confer upon the Board any administrative discretion to decide that some "employees" may not constitute an appropriate unit in any circum- stance, a discretion which we had previously held resided in the Board, acid which the Company here urges us to exercise. Rather, the function of deciding the appropriate unit is a positive one, once the Board de- termines the individuals involved to be "employees" within the mean- ing of the Act. The second contention of the Company is that the proposed unit is inappropriate because it includes several levels of supervision. We have considered this question of the grouping of different levels of supervision in the recent Midland Steel 13 and Kelsey-Hayes 14 de- cisions. In those cases, we found that the two different levels of supervision which existed had a community of interest sufficient to justify their establishment as a single bargaining unit. However, a majority of the Board 15 were of the opinion that those supervisors who belonged to the higher level and were few in number should be given the opportunity by separate voting to determine whether or not they desire to be in the same unit with those belonging to the lower level. 16 A majority of the Board 17 believes that circumstances present in 10 Matter of L. A Young Spring ei Wire Corporation, supra. 11 See also Matter of The Midland Steel Products Company, supra. 12 See Matter of American Smelting and Refining Company, 66 N. L. R. B. 477; Matter of The Celotem Corporation, 66 N. L. R. B. 744. 13 Matter of The Midland Steel Products Company, supra. 14 Matter of Kelsey-Hayes Wheel Company, 66 N. L. R. B. 570. is Chairman Herzog and Member Reilly 16 See also Matter of Westinghouse Electric Corporation (East Springfield Works), 66. N. L. it. B. 1297. 14 Chairman Herzog and Member Reilly, THE WHITE MOTOR COMPANY 833 the instant proceeding warrant the application here of similar rules of grouping and separate voting. General foremen, superintendents, foremen, and assistant foremen, including comparable positions, how- ever they may be designated, may together constitute a single appro- priate unit. On the other hand, we believe that they can properly be divided, on the basis of their authority and responsibility, essentially into two separate groups,18 as hereinafter set out, and that before being included in a single unit, the relatively few members of Group I (supermtendents and general foremen) should be given the op- portunity by separate voting to determine whether or not they desire to be in the same unit with the members of Group II. Accordingly, we shall make no final unit determination at this time, but will be guided, in part, by the desires of the employees involved as expressed in the elections ordered hereinafter. In the event that the employees in the voting groups described below, voting separately, select the Union, they will be taken to have indicated a desire to constitute a single appropriate unit. In its final contention as to the appropriateness of the unit, the Company specifically objects to the following positions sought to be included by the Union : Supervisor Chassis Distribution and Assistant Supervisor-Sales Division. These two positions are the only positions in the Sales Divi- sion sought by the Union. The Supervisor Chassis Distribution trans- lates customers' orders for trucks into car orders which set out the parts and units to be included in a particular chassis. He also consults with the Vice President in Charge of Sales to determine the order in ,which trucks are to be built. The Assistant Supervisor reports to the Supervisor Chassis Distribution and is engaged principally in handling the extensive records kept in connection with truck orders and deliveries. Together they have three clerical employees under their supervision who are covered by the C. I. O. Office Agreement. We shall exclude them from both production and maintenance super- visory voting groups as clerical supervisors 19 Assistant Parts Service Manager-General Service Division. The Parts Service Department controls the inventories of spare parts main- tained at the factory and the various branch service stations, and is concerned with the manufacture, storing, and shipping of parts. The Parts Service Manager, who is not sought by the Union, and the Assist- ant Parts Service Manager, who reports to him, supervise the work of three "supervisors" who are on the level of general foremen or super- intendents. We believe the Assistant Parts Service Manager 20 has 18 The distinctions in a few instances are not clear cut. However , from a consideration of the entire record, we believe that they can be properly classified into two groups. 10 See Matter of Westinghouse Electric Corporation (East Springfield Works ), supra. 20-He does not attend the Supervisors ' Conference. 692145-46-vol. 67-51 834 DECISIONS OF NATIONAL LABOR RELATIONS BOARD authority and responsibility above that of the highest supervisory level sought to be included by the Union, and we shall, therefore, ex- clude him. Supervisor Field Inventory Control and Supervisor Excess Stock- General Service Division. These two supervisors are responsible for keeping current field inventories for all the branch offices and with balancing excess stocks of particular items among the branches. They supervise 63 workers who are covered by the C. I. O. Office Agreement and whose work is essentially clerical, accounting, and inventory con- trol. We shall exclude them as clerical supervisors. Supervisor Service Records, Supervisor Order Interpreting and Supervisor Order Follow-up-General Service Division. These three supervisors have their offices in the administration building and are principally engaged in dealing with various records having to do with parts ordered and in production, and their follow-up. They super- vise clerical employees who are covered by the C. I. O. Office Agree- ment. We shall exclude them as clerical supervisors. Supervisor Parts Ordering, Supervisor Non-Current Parts Service- General Service Division. These supervisors, whose offices are in the administration building, receive the orders for parts, current and non- current, see that the orders are recorded in the service records, and then send them on for filling and shipment. They are responsible for keeping the parts inventories up, and for issuing purchase requisitions for parts made by outside suppliers and orders for parts manufactured in the plant. Under their supervision are four clerical employees who are covered by the C. I. O. Office Agreement. We shall exclude them as clerical supervisors. Supervisor Tabulating Parts Service-General Service Division. This "supervisor" is a specialist in the operation and servicing of tabulating machines. Inasmuch as he has no employees under him, we shall exclude him. Fire Warden and Assistant Fire Warden Industrial Relations Division. It is the duty of these two supervisors generally to keep fire hazards about the plant to a minimum, see that fire-fighting and fire- protection equipment is kept in order, and investigate any fires and make reports. They supervise three employees who check and fill fire extinguishers and check the sprinkler system and other fire apparatus. These employees are covered by the C. I. O. Factory Agreement. We shall include the Fire Warden and the Assistant Fire Warden 21 Head Nurse Industrial Relations Division. The Head Nurse is a registered nurse who, together with the physician to whom he reports, is concerned with the daily care of injuries to employees. He has under his supervision eight trained nurses. He is a graduate of the 21 Sra Matter of Wilson d Company, Inc., 66 N. L. R. B. 1375. THE WHITE MOTOR COMPANY 835 Nurses' School of Charity Hospital of Cleveland, Ohio, and has had special training relating to the human eye at Western Reserve Uni- versity. Inasmuch as the duties of the Head Nurse are mainly of a professional character, we shall exclude him.22 Assistant Purchasing Agents, Buyers, Assistant Buyer, and Super- ccisor-Purchasing Division. The Purchasing Division is responsible for making all of the purchases of materials and parts required in the Company's manufacturing processes and for its service branches. The seven Assistant Purchasing Agents and two Buyers actually place the purchase orders according to the purchase requisitions received from the various factory divisions and service branches. They have no rank and file employees under their supervision, their clerical help being furnished by a central stenographic section which is under the direction of the Supervisor. We shall exclude the Assistant Pur- chasing Agents, Buyers, the Assistant Buyer,23 and the Supervisor.24 Machine Scheduling Manager, Assistant Planninq Supervi.hor, and Assistant Foreman-Material Control Division. The Machine Sched- uling Manager issues to the machining departments foreman's orders, which constitute the foreman's authority to make designated parts, distributes and occasionally prepares monthly production schedules showing the quantity of various parts required during the following month, and advises the departments of any emergency requir"nients. Due to the technical nature of his duties we shall exclude him. The Assistant Planning Supervisor reports to the Machine Sched- uling Manager and supervises the work of 17 production checkers who check the movement of materials between manufacturing stages in the machining departments or in and out of storerooms. These production checkers are hourly-rated employees covered by the C. I. O. Factory Agreement who do the work essentially of plant clericals. We shall, therefore, include the Assistant Planning Supervisor. The Assistant Foreman who assists the Machine Scheduling Man- -der has no employees under his supervision other than a typist. We shall exclude him. Planning Supervisor-Material Control Division (Block 3). This supervisor is in charge of breaking down truck specification orders into the parts required for the construction of trucks. This informa- tion becomes the basis for purchase requisitions and foremen's orders. He may also actually draw up foremen's orders and prepare produc- tion schedules. Inasmuch as he supervises 27 clerical employees who 22 See Matter of Westinghouse Electric Corporation (East Springfield Works ), supra. 23 The Assistant Buyer is presently in training for and will ultimately be promoted to the position of Buyer 24 See Matter of The Midland Steel Products Company , supra. 25 See Matter of Kelsey-Hayes Wheel Company, supra. 836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD are covered by the C. I. O. Office Agreement, we shall exclude him as a clerical supervisor. Supervisor Follow-up and E. N. O. Follow up--Material Control Division. The Supervisor Follow-up supervises the work of 21 clerical workers who are covered by the C. I. O. Office Agreement and are engaged in checking receipts of material against scheduled delivery dates and in contacting suppliers to see that schedules are met. The E. N. O. (Engineering Order) Follow-up acts as the secretary of the E. N. O. Committee, which passes on proposed engineering changes, and follows through all such changes which are released by the Engi- neering Division. His work is essentially clerical, and he has several clerical employees under his supervision who are covered by the C. I. O. Office Agreement. We shall exclude Supervisor Follow-up and E. N. O. Follow-up as clerical supervisors. Erection and Component Manager and Production Control Fore- men-Material Control Division. The Erection and Component Man- ager and the Production Control Foremen who report to him are re- sponsible for maintaining a proper supply of materials in the on-line storage sections of the vehicle assembly line. They supervise about 115 workers such as laborers, expediters, line checkers, and stackmen who, for the most part, are covered by the C. I. O. Factory Agreement. We shall include the Erection and Component Manager and the Pro- duction Control Foremen (Block 13) 20 who assists him in the super- vision of those workers, but we shall exclude the other Production Control Foreman (Block 12), who is principally concerned with com- piling special reports and shortage lists and who has one typist and one expediter to help him, as being more in the nature of a clerical supervisor. Planning Supervisor (Receiving, Storing, and Trucking) -Material Control Division. This supervisor (Block 7) is in charge of the i;e- ceipt, movement, and storage of all materials used in the plant. He has under his supervision three foremen, to whose inclusion the Com- pany does not object, who in turn supervise 285 rank and file employees of whom all but a few office workers are covered by the C. I. O. Fac- tory Agreement. We shall include him. Superintendent of Salvage-Works Manager Division. This super- visor is in charge of the receipt, sorting, and disposal of scrap and salvage. He has under his supervision 1 foreman and 27 rank and file employees who, except for 2 stenographers, are covered by the C. I. O. Factory Agreement. Although the Company stresses his broad discretion in determining whether certain materials shall be 26 This foreman also is presently acting as part-time assistant to the Planning-Super- visor (Block 3). THE WHITE MOTOR COMPANY 837 scrapped or salvaged and in the disposal thereof with respect to buyers and prices, we do not deem these factors sufficient to require his exclusion, and, therefore, we shall include him. Assistant Plant Engineeer-Works Manager Division. The Assist- ant Plant Engineer, who reports to the Plant Engineer, has his office in the administration building and is generally responsible for plant maintenance with respect to such services as the power house, carpen- try, plumbing, electrical facilities, and clean up. He has under his direct supervision one general foreman (who in turn has several fore- men under him) as well as several foremen. It appears that he is professionally trained and is at a level above that of general foremen andsuperintendents ?7 We shall exclude him. Time-Study Supervisors. There is a Time-Study Supervisor in the Cab Division, a Time-Study Supervisor in the Truck Division, a Supervisor Time-Study in the Engine and Axle Division, and a Chief Time-Study Supervisor in the Coach Division. All of these super- visors direct the work of time-study observers within their respective divisions. These observers are engaged generally in determining, through time studies, the times and prices for piece-work jobs that have been set up by the routing departments and in assisting foremen in setting prices on temporary routings. Inasmuch as the time-study observers are specifically excluded from the rank and file unit by both the C. I. O. Factory and Office Agreements, and since the character of time-study is technical, we shall exclude the time-study supervisors. Shop Engineer and Assistant Supervisor-Truck Division. These two supervisors are responsible for the making up of routings in the Truck Division, a routing being a schedule of operations to be per- formed in making or assembling a designated part. They supervise several routing men and toolmakers. Tool designing in connection with the routings formerly was done under their supervision and will be again when tool designers become available. They also are con- cerned with the selection of new machinery, tools, and equipment for use in the Truck Division. The Shop Engineer also has under his general supervision the operation of four tool cribs, but these are directly under the supervision of an assistant foreman to whose inclu- sion the Company does not object. We shall exclude the Shop Engineer and his Assistant Supervisor as technical supervisors. Shop Engineer, Routing Superintendent, and Supervisor of Tool Crib-Engine and Axle Division. The duties and responsibilities of the first two of these supervisors are essentially similar to those of the Shop Engineer and Assistant Supervisor discussed above. We shall, therefore, exclude them also as technical supervisors. •+ He does not attend the Supervisors' Conference. 838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Supervisor of Tool Crib supervises 12 employees in the oper- ation of the tool cribs and in moving certain lightweight machinery. These employees are covered by the C. I. O. Factory Agreement. We shall include him. Night Superintendent-Engine and Axle Division. This super- visor is in charge of the entire plant on the night shift. It would appear that his authority and responsibility place him above the level of supervisors sought to be included by the Union. We shall exclude him. Foreman Staff Assistant-Engine and Axle Division. This em- ployee, who is staff assistant to the Production Manager of this Divi- sion on special assignments, has no subordinates. We shall exclude him. Assistant Chief Inspectors-Quality Control Division. These two supervisors direct the work of two foremen and three senior inspectors, who in turn supervise numerous rank and file inspectors in the Truck Division and Engine and Axle Division. These rank and file inspec- tors are covered by the C. I. O. Factory Agreement. We shall include the two Assistant Chief Inspectors. Manufacturing Planning Supervisor, Parts Car Order Engineer, and Purchase Planvivn l Supervisor-Coach Division. These super- visors are responsible for issuing foremen's orders, car orders, and purchase requisitions, respectively, relative to the materials required for the manufacture of busses by the Coach Division. Under their supervision are clerical employees who are covered by the C. I. O. • Office Agreement. We shall exclude them as clerical supervisors. Chief Inspection-Coach Division. In policing the quality of prod- ucts manufactured in this Division, Chief Inspection directs nine in- spectors who are covered by the C. I. O. Factory Agreement. We shall include him. Shop Engineer-Coach Division. This Shop Engineer, with duties somewhat similar' to the shop engineers in other divisions discussed above, supervises a number of technical maintenance men and tool- makers. We shall exclude him as a technical supervisor. Chief Draftsman and Assistant Chief Draftsman-Coach Division. The Chief Draftsman is responsible for all drafting work in this Division and supervises about 11 draftsmen, lay-out workers, detailers, etc. We shall exclude him as a technical supervisor. The Assistant Chief Draftsman has charge of the records and paper work in connection with drafting and supervises six clerical workers who are covered by the C. I. O. Office Agreement. We shall exclude him as a clerical supervisor. Supervisor of Pouting-Coach Division. Although the Company does not dispute the inclusion of this supervisor, it is clear that his THE WHITE MOTOR COMPANY 839 duties and responsibilities are essentially similar to those of the routing supervisors in the Truck, and Engine and Axle Divisions discussed above. We shall, therefore, exclude him as a technical supervisor. Road Test Shop and Foreman Driver-Engineering Division. This supervisor trains, instructs, and directs the work of 23 drivers engaged in test driving experimental models or regular model vehicles with certain experimental parts. These drivers do no technical work in connection with their test driving and are covered by the C. I. 0. Fac- tory Agreement. We shall include him. Supervisor-Engineering Division. This supervisor and the Unit Production Engineer, to whom he reports and whom the Union does not seek to include, serve as liaison men between the Engineering Divi- sion and the machining departments in the plant. They are available for advice and approval with respect to deviations in and substitutions of materials used. The Supervisor has one office clerical under his direction. We shall exclude him. Supervisor Timekeeping and Pay Roll--Controller's Division. This supervisor is the only employee in this Division sought to be included by the Union. Under his direction are about 40 timekeepers who extend time cards daily, check hourly and piece-work rates, distribute daily earnings records, etc. Although the timekeepers are here covered by the C. I. 0. Factory Agreement, it is our usual policy in disputed cases to exclude timekeepers from a production and maintenance unit,28 and we shall, therefore, exclude the Supervisor Timekeeping and Pay Roll. General Foreman and Foreman-Learners Division. This Division is essentially a school offering instruction to employees of the Company in the operation of various machines and in simple inspection pro- cedures. The two supervisors have under their direction three in- structors who are covered by the C. 1. 0. Factory Agreement. We shall include the General Foreman and Foreman. We shall direct that separate elections be held among the employees in the voting groups described below who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction : Group I: All superintendents and general foremen employed in the following divisions of the Company's Cleveland plant : General Serv- ice, Material Control, Works Manager, Truck, Engine and Axle, Quality Control, Coach, and Learners ; including Supervisor Parts Stores and Shipping in General Service, Erection and Component Manager and Planning Supervisor (Block 7) in Material Control, Superintendent of Salvage in Works Manager, Assistant Chief In- 28 Matter of Bridge Metal Products Co., 62 N. L. R. B. 644. 840 DECISIONS OF NATIONAL LABOR RELATIONS BOARD spectors in Quality Control, and Chief Inspection in Coach; but ex- cluding Night Superintendent in Engine and Axle, and all supervisors in the following divisions : Export Sales, Sales, Government Service Parts, Industrial Relations, Purchasing, Engineering, Comptrollers, Treasury, and Office of the Secretary; and excluding all foremen, assistant foremen, and supervisors above the rank of superintendent or general foreman. Group II : All foremen and assistant foremen employed in the fol- lowing divisions of the Company's Cleveland plant : General Service, Material Control, Works Manager, Non Current, Cab, Sheet Metal, Truck, Engine and Axle, Quality Control, Coach, Engineering, and Learners ; including Fire Warden and Assistant Fire Warden in In- dustrial Relations, Assistant Planning Supervisor and Production Control Foreman (Block 13) in Material Control, Assistant (Block 24) in Works Manager, Supervisor of Tool Crib in Engine and Axle, Senior Inspectors in Quality Control, and Road Test Shop and Fore- man Driver in Engineering; but excluding Production Control Fore- man (Block 12) in Material Control and all supervisors in the follow- ing divisions : Export Sales, Sales, Government Service Parts, Purchasing, Controllers, Treasury, and Office of the Secretary; and excluding all superintendents, general foremen, and supervisors above the rank superintendent or general foreman. As stated above, there will be no final determination of the appropri- ate unit pending the results of the elections. DIRECTION OF ELECTIONS 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 DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The White Motor Company, Cleveland, Ohio, separate elections 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 Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Arti- cle III, Sections 10 and 11, of said Rules and Regulations, among em- ployees in the voting groups described in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United THE WHITE MOTOR COMPANY 841 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 elections, to determine in each of the voting groups whether or not they desire to be represented by Foreman's Association of America (Inde- pendent), Chapter 102, for the purposes of collective bargaining. MR. GERARD D. REiLLY, concurring separately : My position in this case is the same as that expressed in my con- curring opinion in Matter of The Midland Steel Products Company211 As in that case, I would direct no election in this matter since all the persons who are the subject of this petition are supervisors and the business involved here does not differ in any relevant respect from the kind of business carried on by the Packard Company.3° Since the majority of the Board entertain a contrary view, however, I wish to concur in the conclusion that the superintendents and general fore- men should be balloted separately so as to ascertain whether or not they desire to be in the same bargaining unit which includes the fore- men and assistant foremen. There is sufficient evidence in the record to indicate that the duties and responsibilities of the general foremen group are distinguishable from those of the foremen. MR. JOHN M. HOUSTON, concurring separately : For the reasons stated in my concurring opinion in The Midland Steel case, cited above, which I find equally applicable here, I would provide for only one voting group of all superintendents, general foremen, foremen, and assistant foremen. 66 N. L. R. B. 997. My views on this basic question are contained in the dissenting opinion in the Matter of Packard Motor Oar Company, 61 N. L. R. B. 4.