The Colson Corp.

In the Matter of THE COLSON CORPORATION, EMPLOYER and OFFICE EMPLOYEES INTERNATIONAL UNION (AFL), IN BEHALF OF ITS LOCAL No. 177, PETITIONER 1 Case No. 8-R-2220.Decided September 6, 1946 Messrs. Reese Dill, and John S. Bellamy, of Cleveland, Ohio, for the Employer. Mr. R. M. Daugherty, of Toledo, Ohio, Mr. Carl Hubbell, of Cleve- land, Ohio, and Messrs. Edgar C. Terrell and George F. Firth, of Elyria, Ohio, for the Petitioner. Mr. John A. Nevros, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS Upon a petition duly filed, hearing in this case was held at Elyria, Ohio, on June 18, 1946, before John A. Hull, Jr., Trial Examiner. The Trial Examiner's rulings made at the 'hearing are free from prejudicial error and are hereby affirmed. At the hearing and in its brief subsequent thereto, the Employer moved to dismiss the petition on various grounds. The Trial Examiner reserved for the Board ruling on the motion made at the hearing. For reasons stated herein- after, the motions are hereby denied. Upon the entire record in the case, the National Labor-Relations Board makes the following : FINDINGS OF FACT 1. TILE BUSINESS OF THE EMPLOYER The Colson Corporation, an Ohio corporation, operates a plant at Elyria, Ohio, where it manufactures children's vehicles and hospital 'Although the petition was filed in the name of Office Employees International Union (AFL), it is clear from the testimony at the hearing as further clarified in the Interna- tional's brief that the real party in interest is Local No 177, which has been chattered by the Intel national to i epresent , among others, the employees sought herein for collective bargaining purposes Under these circumstances it is of no consequence , although the Em- ployer contends to the contrary , that the Local itself neither petitioned nor intervened in this proceeding It is sufficient that the Local meets the test of a labor organization out- lined in Section 2 (5) of the Act, and that its parent has spread upon the record its interest in this proceeding We shall , accordingly , amend the name of Petitioner herein, as above, in order to reflect the true state of facts We shall also place the Local on the ballot in the election directed hereinafter. 70 N L R. B., No 109 1235 712344-47-vol 70-79 1236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD equipment. Its annual' income of business is in excess of $1,000,000. The Employer receives a substantial portion of its raw materials from sources outside the State of Ohio, and ships a substantial portion of its finished products to points outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American, Federation of Labor, claiming to represent employees of the Employe,. .2 III. THE QUESTION CONCERNING REPRESENTATION The .Employer refuses to recognize the Petitioner as the exclusive bargaining representative of the office and clerical employees of the Employer. - We find that a question affecting connnerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.3 IT. THE APPROPRIATE UNIT The Petitioner seeks a unit of all office and clerical employees of the Employer, excluding time study employees, confidential secretaries, and all supervisory employees. The Employer contends that such a unit is inappropriate. The Employer's opposition to the uiiit appears to be grounded on (1) the fact that such unit would include technical employees with the clerical workers, and (2) the further fact that it would include a number of employees whom the Employer considers confidential per- sonnel. With respect to the first ground, it is the Board's general policy to recognize differences in interests, background and functions between clerical employees and technical employees, and to place the employees comprising such groups in separate units where any of the parties objects to their inclusion in a single unit. Accordingly, in keep- ing with that -policy we shall place the Employer's non-supervisory 2 We find no merit in the Employer' s contention , asserted as one of its grounds for dis- nussal of the petition, that the Petitioner is not a labor organization within the meaning of Section 2 (5) of the Act It is clear from our discussion in footnote 1 that both the International and its local meet the test of a labor organization outlined in Section 2 (5) of the Act I In its brief filed subsequent to the hearing, the Employer moved to dismiss the petition on the grounds that Petitioner does not have a substantial interest in the unit sought, and that "there is absolutely no evidence at the hearing that the Petitioner claims, or ever has claimed to represent these employees." For the reasons stated in Matter of O. D. Jennings d Company, 68 N L. It B 516, and in Matter of Midland National Bank of Minneapolis, 68 N L R B 580 , footnote 4, we find no merit in the first ground to the motion. As to the second ground, the Boaid has held that the filing of a petition in itself , places the Em- ployer on notice of the petitioner's claim to majority representation . See Matter of Chi- cago Bridge and Iron Co , 68 N. L. R. B 470, and cases cited in footnote 2, therein. THE COLSOlV CORPORATION 1237 technical personnel consisting of assistant engineers and the drafts. man in the Engineering Department of the Factory -Division in a technical unit separate from office and clerical employees' As to the Employer's second ground,-the record discloses that'the Petitioner would include , whereas the Employer would exclude as con- fidential personnel , the accounts receivable bookkeeper , machine oper- ators in the tabulating department , pay-roll clerks; special order costs clerks, messengers, telephone operators, relief telephone operators, the secretary and the relief secretary 1 o the assistant treasurer , secretaries to the assistant sales manager and the sales supervisors , the assistant to the supervisor in the general sales office , timekeepers, statisticians, the stenographer in the employment office, the private secretary to the vice president-sales, and secretaries to the purchasing agent and the manager of the general sales office . We shall consider seriatim these disputed categories. A,ceowa ts Receivable Bookkeeper ; Machine Operators in the Tabu- lating Department; Pay-Roll Clerks ; Special Order Costs Clerks; and Messengers : The Employer would exclude these persons because they either work with , or have access to, figures and records of a highly confidential nature . However, it is clear from the'record that none of these ciuployees assists or acts it a confidential capacity to persons AN ho exe; use managerial functions in the field of labor relations. We shall therefore include them in the unit.6 Telephone Operators; and Relief Telephone Operators: The em- ployees perform the usual duties of telephone operators . There is. nothing in the record to warrant the Board 's deviating from its usual practice of including telephone operators in an office and clerical unit. We have frequently held that the possibility that they may overhear conversations of a confidential nature pertaining to labor relations is not adequate basis for their exclusion . Accordingly , we shall include th em.6 Secretary and Relief Secretary to the Assistant Treasurer ; Secre- taries to the Assistant Sales Manager and the Sales Supervisors; and the Assistant to the Supervisor in the General Sales Office: It is clear that each of these employees performs secretarial or other tasks for individuals who do not exercise managerial functions in the field of labor relations . Accordingly, we shall include them. Timekeepers : The six employees in this classification form part of the department headed by the Assistant Secretary-Costs. Although i See Matter of A S Campbell Co , Inc, 69 N L R B 1255 . and Matter of IVag,ier Electric Corporation, 67 N. L. R. B 1104, and cases cited therein. 5 See Matter of Electric Controlle, ,C Manafaetarnng Company, 69 N L R. B 3242 , Matter of Revere Copper and Brass, Incorporated, 69 N. L. R B. 989 ; Matter of Ford Motor Company ( Chicago Branch ), 66 N. L. R. B. 1317; and Matter of Aluminum Company of America, 61 N. L. R. B. 1066. 6 See Matter of Gould & Eberhardt Company, 66 N L. R. B 158 ; and Matter of Sinclair Rubber, Inc., 62 N. L. R. B. 1183, 1187. 1238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD they work in the plant, they are not subject to the supervision of any plant foreman, but are instead answerable to the cost supervisor. Most of them are paid on an hourly basis and in this respect they dif- fer from the great majority of the office employees. However, their duties appear to be strictly clerical in nature, and their terms and con- ditions of employment, including hours of work, are the same as those of the office clericals. And, while the timekeepers may possess or have access to information relating to the earnings of other employees and the nature of the work -done by them, there is absent any evidence that they possess information pertaining directly to labor relations. Accordingly, we shall include them in the office and clerical unit.? ,Statisticians: There are two statisticians or statistical clerks who prepare reports, as required by the Employer's executives, from plant records of profits, sales and related information. The senior stat- istician has had training in industrial and cost accounting and has taken specialized university courses in preparation for this statistical work. This statistician has, in turn, trained the other statistical clerk to handle a portion of the work. They are under the Vice Presi- dent in charge of sales. Although the information relating to eco- nomic and business conditions available to these employees for the making of studies and - preparation of reports may be confidential from a business standpoint, it does not appear to relate directly to labor relations matters. Nor do the functions and specialized training of these statisticians render them technical employees. * Accordingly, in view of the foregoing and the fact that their interests seem to be closely identified with those of the other office and clerical employees, we shall include them in the office and clerical unit.$ The Stenographer in the Employment Office: The personnel in the employment office consists of the employment manager, the assistant employment manager, and a stenographer. It appears that both the employment manager and his assistant exercise managerial functions in the field of labor relations. Although not classified as a private or confidential secretary, the stenographer in the employment office, by virtue of her unique position in this office, must perforce assist and act in a confidential capacity to the manager and his assistant. Ac- cordingly, we shall exclude her.' Private Secretary to the Vice-President-Sales; and Secretaries to the Manager of the General Sales Office and the Pumchasing Agent: 7 See Matter of General Motors Corporation, 58 N L B B 895. 897, and Matter of Chrysler Corporation, 58 N L. R. B 239, 244. 8 See Matter of Aluminum Company of Ameuiea, 61^N L R B 1066, 1072, and Matter of Paramount Pictures , Inc, 45 N. L. R. B. 116, 121. ° See Matter of Ford Motor Company (Chicago Branch), 66 N L R B 1317, and Mat- ter of A.'& Campbell Co, Inc , 69 N. L. R B 1285 THE COLSON CORPORATION 1239 The secretaries to the Vice-President-Sales and the Manager of the General Sales Office act in a confidential capacity to persons who exer- cise a managerial function in the field of labor relations. The Secre- tary to the Purchasing Agent spends the majority of her time working for the Purchasing Agent, who does not exercise managerial functions in the field of labor relations. However, she devotes a substantial portion of her time serving in the capacity of private secretary to the Vice President-Factory Manager, who has no private secretary of his own, and who counsels the Assistant Secretary-Costs in the han- dling of the Employer's labor relations. Accordingly, inasmuch as this secretary spends a substantial part of her time as private sec- retary to the Vice President-Factory Manager, we find that she, as well as the private secretary to the Vice President-Sales and the secretary-to the Manager of the General Sales Office are confidential employees within the meaning of the Ford definition, and we shall exclude them.10 In addition to the foregoing exclusions, we shall, in conformity with the apparent agreement of the parties, exclude from either of the units established herein the assistant secretary-costs, the general pur- chasing agent, the assistant purchasing agent and the two production assistants to the production planning department manager, who are supervisory personnel within our customary definition of the term; the nurses and the time study personnel, whose duties and Interests differ substantially from those of either the clerical or the technical employees; 11 and the secretaries to the president-general manager, the vice president-treasurer, and the assistant secretary-costs, who are confidential employees in that they assist and act-in a confidential capacity to persons who exercise managerial functions in the field of labor relations. Accordingly, we find that all technical employees at the Elyria, Ohio, plant of the Employer, including assistant engineers and the draftsman in the Engineering Department, but excluding all super- visory employees 12 with authority to hire, promote, discharge, disci- pline, or otherwise effect changes in the status of employees, or effec- tively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. "See Matter of Plankunton Poclmnq Company, 69 N L R B 920, and Matter of Ford Motor Company ( Chicago Branch ), supra 11 See Matter of The Electric Controller & Mann factoring Company, 69 N. L it. B. 1242, and cases cited in footnote 10 therein Matter of Revere Copper and Brass . Incorporated, 69't L R B 989. 1/otter of IVagoer Eicrtrio Coi poration, supra 12 This includes the chief engineer and the experimental engineer, who are supervisors within our customary definition of the terns 1240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We further find that all office and clerical employees at the Elyria, Ohio, plant of the Employer,13 including accounts receivable book- keepers, machine operators in the tabulating department, pay-roll clerks, special o'r'der costs clerks, lnessengers, telephone operators and relief telephone operators, the secretary and the relief secretary to the assistant treasurer, secretaries to the assistant sales manager and the sales supervisors, the assistant to the supervisor in the General Sales Office, timekeepers, and statisticians, but excluding technical employ- ees, nurses, time study personnel, secretaries to the president-general manager, the vice president-treasurer, and the assistant secretary- costs, the stenographer in the employment office, the private secrt tary to the vice president-sales, the secretaries to the purchasing agent and the manager of the General Sales Office, the assistant secretary-costs, the general purchasing agent, the assistant purchasing agent, the pro- duction assistants to the Production Planning Department manager, and all other supervisory employees 14 with the authority to hire, pro- mote, discharge, discipline, 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 mean- ing of Section 9 (b) of the Act 15 DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the purposes of collective bargaining with The Colson Corporation, Elyria, Ohio, 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 Di- rector for the Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of National Labor Relations Board Rules and Regu- lations-Series 3, as amended, among the employees in the units found 13 This includes the trainee clerk, Don Phelps, who works in the General Sales Office. Al- though he is receiving training for a clerical position as a "G. I. trainee," under the "G. I Bill of Rights," he is considered a permanent employee by the Employer . His inclusion is, therefore , in accord with our usual practice of including trainees in units of employees per- forming work of a similar nature. See Matter of the Electric Controller & Manufacturing Company, supra ; and Matter of Douglas Aircraft Company, Inc., 60 N. L. R B. 876. 14 This includes the following perscnnel N 0o are supervisors within our customary defini- tion of the term • the assistant employment manager, the assistant superintendent of the factory division , the assistant treasurer , the chief clerk of the General Accounting Depart- ment, the assistant sales manager and his two sales supervisors , and the managers of the Customers' Service Department , the General Sales Office , the Service Department, the Esti- mating Department , the Tabulating Department , and the Cost Department. 15 In view of the foregoing and for reasons which we have already stated in other cases, we find meritless the sundry other contentions in the Employer 's motion to dismiss directed to the appropiiateness of the unit sought, and the employee status of the workers involved See Matter of Ford Motor Company (Chicago Branch ), 66 N. L. R. B 1317 ; Matter of Brown & Sharpe Mfg Co., 68 N. L. R B 483; Matter of Wilson & Rogers, Inc., 69 N L. R B. 848 : Matter of Revere Copper and Brass, Incorporated , 69 N L. R B 989; and Matter of The Electric Controller & Manufacturing Company , 6P N L R B 1242 THE COLSON CORPORATION _ 1241 appropriate in Section IV, above, who were employed during the pay- roll period immediately preceding the date of this Direction, includ- ing employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including em- ployees 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 in each unit whether or not they desire to be represented by Office Employees In- ternational Union, Local No. 177 (AFL), for the purposes of col- lective bargaining: MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Decision and Direction of Elections.