The Timken-Detroit Axle Co.

736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Group No. 3-All maintenance welders, including apprentices and helpers, excluding office clericals, guards, and supervisors as defined in the Act. [Text of Direction of Elections omitted from publication in this volume.] THE TIMKEN-DETROIT AXLE COMPANY a'nd INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL 174, CIO, PETITIONER. Case No. 7-RC-1223. July 27, 1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before George A. Sweeney, 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 Act, the Board has delegated its powers in connection with this case to a three-mem- ber panel [Chairman Herzog and Members Murdock and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain em- ployees 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 appropriate unit: The parties agree generally that the appropriate unit should con- sist of all office and clerical employees employed at the Employer's Detroit, Michigan, offices." They are in disagreement, however, as to the inclusion of switchboard operators and certain other specific categories of employees discussed below. The Employer takes the position that the switchboard operators should be excluded as con- fidential employees and that the remaining disputed categories of employees should be included. The Petitioner contends that the switchboard operators are properly included in an office and clerical unit and that the other categories of employees should be excluded as either professional or technical employees. The categories of employees whom the parties agreed to include or exclude are listed below. 95 NLRB No. 81. THE TIMKEN-DETROIT AXLE COMPANY 737 Switchboard Operators The Employer has one relief and three regular switchboard opera- tors who, it contends, should be excluded from the unit because calls to and from the labor relations department, as well as other incoming calls, pass through the .switchboard. The record reveals -that the operators are not required to listen to confidential conversations as a part of their duties and, in fact, would be subject to discipline if they were discovered doing so. Inasmuch as these employees clearly do not assist or act in a confidential capacity to persons exercising mana- gerial functions in the field,of labor relations, we shall include them in the unit .2 Engineering Department Detailers make detailed drawings of individual parts of a com- posite design as a preliminary step in the manufacture of the required parts by the production division. Although some, of these employees are graduate engineers, a college degree is not a requirement. They are required to have proficiency in mechanical drawing and a nuin- ber of detailers have taken courses in local trade or technical schools. The junior engineer analyzes the. work of the•detailers, layout men, and checkers. No academic training is required for this position. Layout men review the flow of materials to machines in assembly lines for the purpose of increasing efficiency, make sketches and pro- posals for rearranging present stock-handling methods and equip ment. They suggest the use of new products and break down a pro- posed product into various parts, setting up the design by which it may be produced. Normally, the detailers take over and make ad- ditional drawings after the layout men have completed the general design. Checkers examine completed designs and details of the Employer's products or proposed products and verify every function and opera- tion. In this manner they check the work of the detailers and layout men to make sure that the dimensions are accurate and that all opera- tions appear clearly on the drawings. Patent Department The junior engineer analyzes the work of the engineering detailers, layout men, and checkers. His work consists of drafting or drawing designs on a drawing board for the purpose of determining whether a particular design has a patentable feature. He works under the direct supervision of a patent attorney. Although academic training 2 Minneapoli8-Moline Company, 85 NLRB 597. 738, DECISIONS, OF•NATIONAL LABOR RELATIONS BOARD is not required for this position, many employees who have performed such duties have gone-to technical or trade schools. Some have held degrees in mechanical engineering. Plant Engineering Department Plant layout men perform substantially the same duties in this de- partment as. the layout men perform in the engineering department, discussed above. Axle Engineering Department Layout men, detailers, and checkers perform substantiallythe, same duties as those performed by the same categories of employees in the engineering department, discussed above. The mathematician works in cooperation with. the Employer's chief engineer and the gear engineer .in the design of new typesof gear. tooth formations. He also works.in cooperation with the superintend- ent of the gear manufacturing division concerning methods of ma- chining the various types of 'new gear and tooth formations designed by,.the engineering department. He tests experimental gears and reports the results to the chief engineer. Product designers are the designers of all new parts used in axles manufactured by the Employer. % Ideas are relayed to them from the engineers and they make the designs after giving due consideration to the necessary strength and size of the proposed parts. Knowledge of motorized equipment and experience in designing is necessary to perform work of this nature. They perform their work.under limited supervision. Gear Development The. development engineer performs-the same duties, performed. by the mathematician in the. axle engineering department, discussed above. Laboratory technicians, determine through chemical analysis the elements of various metals used in the Employer's products, and also analyze the oils, paints, and greases used in such products. They also make microscopic examinations and physical tests of such metals and analyze methods of treating metals. They physically test ex- perimental products.- No academic training ' is required for this position. On the basis of the foregoing we conclude that the work of the above categories of employees is highly. technical in nature. Under well- established Board policy, technical employees. may not appropriately be included in an office and clerical unit where any, panty objects to THE TIMKEN-DETROIT AXLE COMPANY 739 their inclusion.3 Accordingly, we shall exclude the employees. discussed above. Nurses render first aid to employees who become ill or suffer an accident on the premises. They attend to subsequent dressing of employees' injuries. They also keep records; of patients treated and prepare. accident reports for compensation and other purposes. They also perform other duties such as sterilizing instruments used in the plant by the physician and. visiting ill employees at home; they co- operate with department heads in seeking to reduce accidents. If the physician is not on the premises when an accident occurs, the nurses determine whether the employee should be sent to. a hospital or home. Although they are not required to be registered nurses, it is clear that they perform the normal duties of such nurses. Ac- cordingly, we find that they are professional employees and as the Petitioner does not seek to represent these employees separately or as part of the office and clerical unit, we shall exclude them from the unit., Plant Engineering The follow-up men expedite the flow of materials and see that work is done in accordance with a prescribed plan. They keep records of all material that is on order from outside vendors and of objects going through the plant. They also estimate the cost involved in the moving of machines from one part of the factory to another. They are concerned with the physical structure of the plant, checking on the proper heating in the premises, facilities for conducting electrical energy, lighting, ventilation, and fire protection. They plan the erection of any additions or modifications of existing walls or partitions. Sales. Follow-up men keep a record of the schedules of the various cus- tomers of Employer. They also keep a record of 'the schedules for manufacturing for a particular month and a record of shipments. going through the plant. They- carry- on correspondence with the customers of the Employer and advise such. customers when deliveries; are to be. made. We are of the opinion that -the duties of the follow-up, men in these two departments are essentially clerical in nature. . Moreover, the parties have agreed to, include employees in. the purchasing follow-up department. Accordingly, we shall include the follow-up men in the plant engineering and sales departments. The Ohio Steel Foundry Company, 92 NLRB 683. + Florence Stove Company, 94, NLRB 1434. 961974-52-vol. 52-48. 740 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD. Axle Engineering Department Blueprint machine operators' duties consist of feeding paper into blueprint machines and cutting and trimming the prints ejected by the developer. They also mix and check developing fluid and make minor service adjustments. We find that their duties and interests are sub- stantially clerical in nature and we-shall therefore include them.5 . We find that all office and clerical employees of the Employer at its general offices at 100-400 Clark Street and 1040 W. Fourth Street, Detroit, Michigan, including the employees- both parties have agreed to include,6 the switchboard operators, the follow-up men in. the plant engineering and sales departments, the blueprint machine opera- tors, but excluding the employees the parties have agreed to exclude,7 the detailers, layout men, checkers, junior engineers, the mathemati- cian, the product designers, the nurses, the laboratory technicians, all other employees, guards, professional employees, and all supervisors as defined in the Act, constitute a unit appropriate for the purposes 'of collective bargaining within the meaning of Section 9,(b) of the Act. [Text of Direction of Election omitted from publication in this volume.] G Southern Alkali Corporation, 84 NLRB 120. Cost department , mail, file, stationary, telephone , teletype, and receptionist department, stenographic and executive secretary department , accounts payable department,,:burner department, material record department , receiving inspection department , purchasing follow-tip department, planning department, tool design department , general factory department, plant layout department, time-study department, time and tabulating depart- ment, tool stores, inspection quality control department, traffic department , service depart- ment, and forge office. 7 All officers of the Employer, all division heads, plant manager, superintendents, office managers and their assistants ; all department heads and assistant department heads ; all secretaries to officers of the Employer , division heads, superintendents , office managers and department heads ; executive assistants in the accounting and sales departments ; all employees of the Company 's personnel and labor relations departments ; all time-study men ; all tool progress engineers ; all cost research analysts ; all plant-protection employees ; all sales accountant executives ; all sales engineers; all outside sales and service repre- sentatives ; all cashiers ; all employees included in another bargaining unit for which another labor organization has been certified. PETERS SAUSAGE COMPANY and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 547, A. F. OF Lyl PETITIONER. Case No. 7-1?C-1009. July 30,1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Herman Corenman, hear- 1 The name of the Petitioner appears as used at-the hearing. 95 NLRB No. 89.