Superior Manufacturing Co.

In the Matter of SUPERIOR MANUFACTURING Co. and INTERNATIONAL BROTHERHOOD OF BOILER MAKERS, IRON SHIP BUILDERS & HELPERS OF AMERICA, LOCAL 531, AFL Case No. 16-R-1700.-Decided July 25, 1946 Mr. Robert E. Clements, of Amarillo, Tex., for the Company., Mr. Clarence C. Real, of Houston, Tex., for the Union. Mr. Seymour M. Alpert, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TILE CASE Upon an amended petition duly filed by International Brother- hood of Boiler Makers, Iron Ship Builders & Helpers of America, Local 531, AFL, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Superior Manufacturing Co., Amarillo, Texas, herein called the Company,' the National Labor Relations Board provided for an appropriate hearing upon due notice before Glenn L. Moller, Trial Examiner. The hearing was held at Amarillo, Texas, on May 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 evidence 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 Superior Manufacturing Co., a Texas corporation, with its plant and offices located at Amarillo, Texas, is engaged in the fabrication 1 The names of the Company and the Union appear as amended at the hearing. 69 N. L. R. B., No. 109. 915 916 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of various steel products. The Company annually purchases raw materials valued in excess of $100,000, all of which come from sources outside the State of Texas. It ships approximately 50 percent of its furnished products, valued in excess of $100,000 annually, to points outside the State. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. TIIE ORGANIZATION INVOLVED International Brotherhood of Boiler Makers, Iron Ship Builders Helpers of America, Local 531, is a labor organization affiliated with the American Federation 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 any of its employees until the Union has been certified by the Board in an appropriate unit. 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 parties agree that the appropriate unit should consist of all production and maintenance employees of the Company, including truck drivers and the janitor, but excluding the purchasing agent, salesman, draftsmen, and all supervisory employees.2 There is, how- ever, some question as to the inclusion in or exclusion from the unit of employees Claude Jay, W. W. Wood, W. I. Wood, Orr, and Pickett. The Company desires a Board determination as to the supervisory status of the first four individuals and takes no position with respect to Pickett. The Union requests the inclusion of all except Orr and Pickett, whom it would exclude on the ground that they are not em- ployees of the Company. Claude Jay, W. W. Wood, and W. I. Wood: Jay, who is classified as a machinist, spends nearly all his time in actual maintenance work. He is assisted by three helpers for whose work he is responsible. He is paid on an hourly basis at a rate which is no higher than that of other employees included in the unit. Although the president-manager testified that he would give considerable weight to recommendations 2 Excluded in this category are the plant superintendent, shop foreman , and night foreman. SUPERIOR MANUFACTURING CO. 917 made by Jay concerning his helpers, no such recommendations have ever been submitted. W. W. Wood is classified as a burner and, like Jay, his hourly pay rate is no greater than that of other employees in the unit. During the course of his work, which consists of cutting, burning, and rolling materials, Wood is assisted by three helpers. On one occasion, he recommended a pay raise for his helpers, and this recommendation was followed. However, it appears that W. W. Wood does not make a practice of making such recommendations, and generally does not have the power to do so. W. I. Wood., who is classified as a welder, handles various phases of heat exchanger work. Most of the time he is assisted by three or four helpers for whose work he is responsible. Although he has on one occasion effectively recommended the transfer of one of his helpers, it does not appear that he generally has the authority to make effective recommendations affecting their status. W. I. Wood's rate of pay is generally similar to that of Jay and W. W. Wood, and of many other welders who are included in the unit. On occasion, he goes into the field to work on equipment and receives an additional 25 cents per hour. On these field trips he takes three or four helpers along with him and is classified as a foreman. However, it appears that he has had no such assignments within the past 6 months, and the Company is unable to estimate the extent of such field work in the future. Moreover, despite the interim change in classification on such trips, he nevertheless con- tinues to work along with his helpers with no appreciable increase in authority over them. It is apparent from the foregoing that in relation to their subor- dinates these three employees occupy roles comparable to that of skilled mechanics in relation to their helpers, and that they do not possess sufficient indicia of authority to be deemed supervisory em- ployees within the Board's customary definition of that term.3 We shall, therefore, include them in the unit as production and main- tenance employees. Pickett and Orr: As noted previously, the Company takes no posi- tion as to the inclusion or exclusion of Pickett, and desires a Board determination as to Orr's supervisory status; the Union would ex- clude both of them on the ground.that they are not employees of the Company. The Company has an arrangement with the Lawrence Warehouse Company for the use of storage space at the latter's warehouse. This arrangement requires, in part, that the Company provide a warehouse 3 Matter of Endicott -Johnson Corporation , 67 N. L. R. B. 1342; Matter of Proctor & Gamble Manufacturing Company, 62 N. L. R. B. 1262. 918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD manager and an assistant warehouse manager to handle its business at the warehouse. Pickett and Orr have been designated by the Com- pany as warehouse manager and assistant warehouse manager, respec- tively. Although Pickett and Orr are not carried on the Company's pay roll, but are paid by the Lawrence Warehouse Company, it is evident that this is purely a bookkeeping arrangement. The Company hires them, completely controls their wages, hours, and other condi- tions of employment and, in effect, pays their wages by reimbursing the warehousing company. It is thus apparent that they are employees of the Company. It is likewise evident that despite their titles, neither Pickett nor Orr has supervisory status within the Board's definition of that term. Pickett has no authority over Orr who works at the warehouse only when Pickett is absent; nor does Pickett have any subordinates. Al- though Pickett is not stationed at the plant proper, he has frequent contact with other employees of the Company when they come to the warehouse to pick up and deliver steel products . As stated above, Orr works at the warehouse only when Pickett is unavailable. He works unassisted on those occasions. His regular work is that of truck driver. In addition, when he is not functioning as a truck driver, he acts as dispatcher for the Company's other two truck drivers. In such instances, his authority is limited to "laying out" the trips of the other`"truck drivers, and he does not possess the power to effect a change in their status or effectively recommend such action. Accordingly, inasmuch as neither Pickett nor Orr possesses super- visory authority, and inasmuch as the interests of both these company employees are closely allied with other employees in the unit, we shall include them in the unit as a warehouseman and truck driver, respectively. We find that all production and maintenance employees of the Com- pany, including the janitor, warehouseman, and truck drivers, but excluding the purchasing agent, salesman, draftsmen, clerical em- ployees, and all supervisory employees with authority to hire, promote, discharge, discipline , or otherwise effect changes in the status of em- ployees, or effectively recommend such action , 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 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. SUPERIOR MANUFACTURING CO. DIRECTION OF ELECTION 919 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 Superior Manu- facturing Co., Amarillo, 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 em- ployees 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 Boiler Makers, Iron Ship Builders & Helpers ,of America , Local 531, AFL, for the purposes of collective bargaining. 11