M. P. Moller, Inc.

In the Matter of M. P. MOLLER , INC. and FEDERAL LABOR UNION NO. 23985, A. F. of L. Case No. 5-R-2016.-Decided June 26, 1946 Mr. John Wagaman, of Hagerstown, Md., for the Company. Mr. Joseph Padway, by Mr. James A. Glenn, of Washington, D. C., and Mr. Earl A. Rider, of Hagerstown, Md., for the Union. Mr. Herbert J. Nester, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by Federal Labor Union No. 23985, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of M. P. Moller, Inc., of Hagerstown, Maryland, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Earle K. Shawe, Trial Examiner. The hearing was held at Hagerstown, Maryland, on May 6, 1945. 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 is- sues. At the hearing the Company moved to dismiss the petition, which motion was referred to the Board by the Trial Examiner. For reasons hereinafter stated the motion is hereby denied. 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 M. P. Moller, Inc., a Maryland corporation having its office and plant in Hagerstown, Maryland, is engaged in the manufacture of pipe or- gans. Previous to the cessation of hostilities, the Company was en- 69 N. L. R. B., No. 7. 80 M. P. MOLLER, INC. 81 gaged exclusively in the manufacture of airplane parts, but has since reverted part of its plant to its peacetime production of pipe organs. During the past year, the Company purchased raw materials valued in excess of $50,000, all of which originated from points outside the State of Maryland. During the same period, finished products manu- factured by the Company were valued in excess of $750,000, approxi- mately two-thirds of which represented organs and the remaining one-third was composed of airplane parts for use by the U. S. Army. Approximately 75 percent of the pipe organs sold by the Company during the past year was shipped to points outside the State of Maryland. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. 11. THE ORGANIZATION INVOLVED Federal Labor Union No. 23985 is a labor organization , affiliated with the American Federation of Labor, admitting to membership supervisory employees of the Company III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union a exclusive bargaining representative of certain of its supervisory em- ployees until it has been certified by the Board in an appropriat*runit. 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 urges as appropriate a unit consisting of all foremen, assistant foremen, and the chief inspector employed in the Com- pany's Hagerstown plant. The Company does not oppose the specific composition of the proposed unit, but contends that these employees are a part of management, and therefore cannot be classified as "em- ployees" within the meaning of Section 2 (3) of the Act. The status of foremen and other comparable supervisory categories has been determined in several recent decisions by both the Board ' One of the grounds urged by the Compan'. in support of its motion to dismiss the peti- tion was the claim that the Union is not a labor organization within the meaning of the Act Section 2 (5) of the Act states : "The term `labor organization ' means any organi- zation of any kind, or any agency or employee representation committee or plan , in which employees participate and which exists for the purpose , in whole or in part, of dealing with employers concerning grievances , labor disputes, rates of pay, hours of employment, or conditions of work " The Union clearly conforms to this definition of a "labor organi- zation " Local No 23935 was chartered for the express purpose of representing the supervisory employees sought herein 701592-47-vol 69-7 82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and the courts, wherein the language of Section 2 (3) of the Act defin- ing the term "employees," has been construed to include supervisory employees. Accordingly, we find that the employees sought herein are "employees" within the meaning of the Act 2 Upon consideration of the evidence adduced in the record, we are of the opinion that the foremen, assistant foremen, and the chief inspectors are readily distinguishable from the higher level policy- making officials of the Company, and do not constitute such an inte- gral part of management that they may not be segregated therefrom as a separate group for the purposes of collective bargaining. The record is clear that these employees have a definite community of interest in that they constitute the first level of supervisory employees engaged in the general duties of instructing and supervising the rank and file employees and handling general problems of production.3 We find that all foremen, assistant foremen, and the chief inspector employed at the Company's Hagerstown plant constitute a unit appro- priate for the purposes of collective bargaining within the meaning 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 the 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 represent- atives for the purposes of collective bargaining with M. P. Moller, Inc., Hagerstown, Maryland, 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 Fifth Region, acting in this matter as agent for the 2 See Matter of Jones & Laughlin Steel Corporation , Vesta-Shannopin Coal D11 1410o, 66 N L R B 386, Matter of American Locomotive Company, 67 N L R B , 1123 ' See Matter of Packard Motor Car Company, 61 N L R B 4 and 64 N L R B 1212, Matter of The B F. Goodrich Company, 65 N L. R B 294, Matter of L A Young Spiing & Wire Corporation, 65 N L. R B 298 , Matter of The Midland Steel Products Company, 65 N L R B 997 • Matter of General Mille, Inc. 66 N. L R B 1423 Matter of The Raberoid Company, 67 N L R B 353, see also Matter of Jones & Laughlin Steel Cor- poration, supra. M. P. MOLLER, INC. 83 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 be- cause they were ill or on vacation or temporarily laid off , and including employees in the armed forces of the United States who present them- 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 Federal Labor Union No. 23985, A. F. of L.,-for the purposes of collective bargaining. MR. GERARD D. REILLY, dissenting : For reasons stated in my dissenting opinions in Matter of Packard Motor Car Company, 61 N. L. R. B . 4, and Matter of Jones f Laughlin Steel Corporation, 66 N. L. R. B. 386, I am constrained to dissent from the majority opinion in this case.