Tyler Fixture Corp.

In the Matter of TYLER FIXTURE CORPORATION, SOUTHWEST Div. and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS. LOCAL UNION No. B-1272, A. F. of L. Case No. 16-R-1644.Decided April 29,1946 Mr. H. E. Wickham, of Waxahachie , Tex., for the Company. Messrs. W. J. Cox and F. C. Ford, both of Dallas, Tex., for the Union. Mr. Harrey B. Diamond, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by international Brotherhood of Electri- cal Workers, Local Union No. B-1272, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Tyler Fixture Corporation, Southwest Div., Waxahachie. Texas, herein called the Company, the National Labor Relations Board provided for an appropriate hear- ing upon due notice before Glenn L. Moller, Trial Examiner. The hearing was held at Waxahachie, Texas, on March 25, 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 evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. All parties were afforded op- portunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FIN 1vINGti OF F.1CT 'I HE L'USINESS (F TAE COMP.INY Tyler Fixture Corpor::tiom is a Mlehlran corporation with its prin- cipal office at Niles, Michigan. The Company manufactures coln- rriercial refrigerators and merchandising display fixtures and operates 67 N. L. R. B, No 115 945 692145-46-vol (ii7--61 946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD plants in Michigan, New York, and at Waxahachie, Texas. Only the Waxahachie plant is involved in this proceeding. The Company began operations at its Waxahachie plant in November 1945, and, based, upon its operations up to the date of the hearing and anticipated future operations, estimates that it will receive annually at its Waxa- hachie plant from points outside the State of Texas raw materials valued in excess of $50,000. Based upon the same considerations, the Company estimates that it will ship annually from its Waxahachie plant to points outside the State of Texas finished products valued in excess of $100,000. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED International Brotherhood of Electrical Workers, Local Union No. B-1272, is a labor organization, affiliated with the American Feder- ation of Labor, 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 the employees of its Waxa- hachie 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 hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter fo ind 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 the appropriate unit should consist of all production and maintenance employees at the Company's Wax- ahachie plant, including leadmen, stockroom employees, and inspec- tors, but excluding office clerical employees, foremen, and all other supervisory employees. The Company agrees generally that the fore- going unit is appropriate, but would also exclude from the unit the stockroom employees and the inspectors. Stock Room Employees : The only category of employees in the stock room is that of stockroom attendant. The Company would s The Field Examiner reported that the Union submitted 108 cards , bearing the names of 106 employees There are approximately 150 employees in the alleged appropriate unit TYLER FIXTURE CORPORATION 947 exclude them on the ground that they prepare all inventory records and handle all paper work connected with the receiving of materials. They spend a substantial part of their time in the actual handling of materials, and are also responsible for the dispensing and receiving of tools taken from and returned to the toolroom, which is operated in conjunction with the stockroom. In conformity with our estab- lished practice with respect to such plant clerical employees, we shall include the stockroom attendants in the appropriate unit.z The head of the stockroom, Franklin Johnson, is also classified as a stockroom attendant, but he is paid a higher wage rate than the other attendants and has been instructed that part of his duties includes reporting to the production control superintendent with respect to the quality of work and ability of the men in the stockroom, and the Company looks to him for such recommendations. The Company would, in every instance, rely upon his recommendations at least to the extent of transferring the employee involved to another department. Inasmuch as Johnson falls within our definition of a supervisory employee, we shall exclude him from the unit. Inspectors: The Company, as a sole ground for their exclusion, urges that the inspectors are identified with management. We do not agree. The inspectors have no supervisory authority, nor do they serve in a confidential capacity with respect to labor relations. We have frequently rejected the contention that the function of inspecting the output of production employees and rejecting faulty work is "managerial" in the sense here urged by the Company.3 We will in- elude inspectors. We find that all production and maintenance employees at the Company's Waxahachie plant, including stockroom attendants, in- spectors, leadmen,4 and watchmen,' but excluding all clerical em- ployees, foremen, the head of the stockroom, and all or any other supervisory employees with authority to hire, promote, discipline, discharge, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 2 Matter of Sinclair Rubber, Inc , 57 N L R B 800 , Matter of Harrison Steel Casting Company, 63 N. L. R . B. 585 ; Matter of Food Machinery Corp, Sprague -Sells Division, 64 N L R. B. 1405 8 Matter of Schuler Axle Company, Inc , 64 N. L. R. B 740 ; Matter of Industrial Rayon Corporation , 56 N. L. R. B. 1679. 4 The parties agree , and we find that leadmen are not supervisory employees within the meaning of the Board 's customary definition. 5 Watchmen are not uniformed and do not possess monitorial authority with respect to other employees They also perform maintenance duties, including sweeping and cleaning up of the plant and offices. 948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE DETERMINATION OF REPRESENTATIVES Some doubt was expressed by the Company as to the wisdom of con- ducting an election at this time, inasmuch as the Company has only recently commenced operations and has not yet employed its full com- plement of personnel. The record shows, however, that the Company anticipates a total personnel of approximately 300 employees, and that at the time of the hearing approximately 50 percent of that number had already been employed. We, therefore, see no reason to delay a present 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 Relations 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 Tyler Fixture Corporation, Waxahachie, Texas, 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 Sixteenth 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 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 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 Inter- national Brotherhood of Electrical Workers, Local Union No. B-1272, affiliated with the A. F. of L., for the purposes of collective bargaining. 9 Matter of International Shoe Company, 64 N. L R. B . 457 ; Matter of War Hemp In- dustries, Inc, 57 N. L. R B. 1709 , Matter of Pullman-Standard Car Manufacturing Com- pany, 49 N. L R. B. 542.