Domestic Engine & Pump Co.

In the Matter of DOMESTIC ENGINE &Z PUMP COMPANY, EMPLOYER and FEDERAL LABOR UNION No. 23989, A. F. L., PETITIONER Case No. 4-R-21,28.-Decided September 10, 1946 Mr. John Mc D. Sharpe, of Chambersburg, Pa. and Mr. J. E. Reis- ner, of Shippensburg, Pa., for the Employer. Mr. John J. Lorden, of Philadelphia, Pa., and Mr. Irvin Glessner, of Shippensburg, Pa., for the Petitioner. Mr. Robert J. Freehling, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Cham- bersburg, Pennsylvania, on July 10, 1946, before Paul Bisgyer, Trial Examiner. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. TITE BUSINESS OF THE EMPLOYER Domestic Engine & Pump Company, a Pennsylvania corporation, is engaged in the manufacture of pumps and other mechanical equipment at its plant located in Shippensburg, Pennsylvania. Annually, the Employer uses raw materials valued in excess of $100,000, of which approximately 90 percent represents shipments to this plant from sources outside the Commonwealth of Pennsylvania. During a sim- ilar period, the Employer distributes finished products from this plant valued in excess of $300,000, of which more than 80 percent represents shipments to customers outside the Commonwealth. 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 Employer. 70 N. L. R. B., No. 115. 063 1264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees ,of the Employer until the Petitioner 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 Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. TI-IE APPROPRIATE UNIT The parties agree generally that the appropriate unit should in- clude all production and maintenance employees of the Employer, excluding office employees and supervisors. The parties are in dis- agreement, however, as to the following categories of employees whom the Petitioner would include, and the Employer would exclude, from the unit: Inspection employees: The Employer employs four individuals who ,ire engaged principally in performing inspection duties in the course of the production process. One has the,'job classification of "inspection and tests" another of inspector, and the other two of "test floor-hydrostatic." It appears from the record that these in- dividuals do not direct the work or affect the earnings or status of any other employees and that they are generally subject to the same conditions of employment as the production and maintenance em- ployees. Under the circumstances, we are of the opinion that a com- munity of interest in the conditions of employment exists between these employees and the production and m aintenance employees and we shall, therefore, include them An the unit as inspection employees., Foremen and the assistant foreman: The parties are in dispute, as to the, supervisory status of the following employees : Assembly de- partinent foreman, grinding room foreman, core room foreman, ma- chine shop foreman and assistant machine shop foreman. Each fore- man oversees the work of a group of employees, receives wages higher than his subordinates, and has authority effectively to recommend their hire, discharge, and promotion. The assistant foreman ordinarily performs machine operations under the supervision of the machine shop foreman and, except during the infrequent, absences of the latter, does not direct the work of any other employees. He is hourly paid, and receives wages comparable to those of class A machinists who are admittedly non-supervisory employees. In view of the foregoing and based on the entire record, we are, of the opinion that the fore- 1 Matter of Interstate Machines y Company, Inc, 66 N. L. R. B 1336 ; Matter of Ameri- can Laundry Machinery Company, 66 N. L. R. B. 1292 ; Matter of Frick Company, 63 N. L R B. 927 DOMESTIC ENGINE & PUMP COMPANY 1265 men, unlike the assistant foreman, are supervisory employees within the Board's customary definition of that term. Accordingly, we shall exclude the foremen of the assembly department, grinding room, core room, and machine shop from the unit, and shall include the assistant machine shop foreman in the unit. Electrician and machine repairman: The electrician employed by the Employer spends 75 percent of his time in testing, inspecting, and rebuilding finished heating pump assemblies, and the remainder in performing general electrical maintenance work throughout the plant. The machine repairman does assembly work at a bench during approx- imately 75 percent of his time and spends the rest of his time repair- ing machinery wherever necessary in the plant. Both employees are supervised in their work by the plant superintendent. It is clear that the interests of the electrician and machine repairman are closely akin to those of the production and maintenance employees and we shall, therefore, include them in the unit. Truck Driver: The Employer employs one truck driver who works under the supervision of the plant superintendent, is hourly paid, and receives wages similar to those of production and maintenance employees. He spends 60 percent of his time on the truck hauling freight and various raw materials in and out of the plant. During the balance of his time, he serves as a general handyman performing such duties as repairing water lines and checking the boiler room and heat- ing system. We are of the opinion that the interests of the truck-driver lie with those of the production and maintenance employees, and, we shall include him in the unit.' Watchmen: The Employer's two watchmen are engaged in policing the Employer's property and also, during winter months, in tending the plant furnaces. They perform no monitorial duties and are neither armed, uniformed, militarized, nor deputized. Inasmuch as their duties are custodial in nature, we shall, in accordance with our usual policy, include the watchmen in the unit.a Routers and expediters: The Employer employs two routers and expediters who are assigned to help maintain the proper flow of materials through the plant. They work under the supervision of the plant superintendent and have no authority to make recommendations as to the more efficient handling of materials. Both are hourly paid and are generally subject to the same conditions of employment as the production and maintenance employees. We are of the opinion 2 Matter of California Consumers Corp ., 63 N L. R. B. 1196 , and Matter of Waterloo Valve Spring Compressor Company, 61 N. L R B 667. 1 Matter of Cameron Machine Company , 67 N. L. R B 1066 , and Matter of Lectroltte Corporation , 63 N I. R 11 369 1266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD' that the interests of the routers and expediters are similar to those of the production and maintenance employees and, accordingly, we shall include them in the unit.' Timekeeper: The timekeeper employed by the Employer works at a desk in the machine shop under the supervision of the machine shop foreman. His duties include distributing job tickets received from the foreman to the machine operators, checking to see that tickets are properly punched, noting absences and the production of operators on the job tickets, and submitting time computations to the main office. Under the circumstances and in accordance with the Board's customary practice in like cases we shall exclude the timekeeper from the unit., Tool crib attendant: The Employer's tool crib attendant is assigned to the tool crib located in the machine shop and works under the super- vision of the machine shop foreman. He issues and receives tools used by the machine operators and is responsible for sending defective tools to the toolrooin for necessary repairs. We shall follow our usual policy and include him in the unit. Materials clerk and receiving clerk: Botli these employees work in Lhe stockroom located in the same building as the assembly depart- ment. The duties of the materials clerk consist mainly of issuing parts for the completion of various pumps and engines. The receiving clef'k checks and records all incoming materials and also prepares parcel post items for shipment. Both are supervised in their work by the plant superintendent. In vies,- of their community of interest with the production and maintenance employees, we shall include the materials clerk and the receiving clerk in the unit.' Shipping department employees: In its shipping department, which is located in the same building as the assembly department, the Em- ployer has two employees, one of whom is classified as a class B car- penter, and the other as a crater and packer. The carpenter constructs the boxes and crates in which the products of the Employer are shipped. The crater and packer receives the shipping orders from the main office, prepares the necessary additional papers, and packs the items scheduled for shipment. Both employees are generally subject to the same conditions of employment as the,production and maintenance employees. It is clear that the interests of the shipping department Matter of Pacific Mills, 60 N L R B 467 , Matte) of Consolidated Pnltee Aircraft Corporation , 58 N L R B 800 , and Matter of Shartle Brothe ? s Mach ine Company, 57 N 1. R B 1546 5 Matte? of Maybes Tool Cam pan g . 69 N L Ti B 294 ; Matter of Triangle Ilos ? er?l Com- pany, Inc, 65 N L It B 69, and Matter of Adams-Millis Corporation , 63 N L R B. 362. "Matter of Ali cooled Moto, Cotporat?on, 68 N. L R B 1043 , and Matter of Nilson h Co , lne . 68 N. L R B 592 See Matter of Cities Service Oil Company, 60 N. L R B 988, and cases cited therein. DOMESTIC ENGINE & PUMP COMPANY - 1267 employees, are closely identified with those of the production and maintenance employees and, accordingly, we shall include them in the unit. We find that all production and maintenance employees of the Employer at its Shippensburg, Pennsylvania, plant, including the assistant machine shop foreman, electrician, machine repairman, truck driver, tool crib attendant, materials clerk, receiving clerk, class B carpenter, crater and packer, inspection employees, watchmen, and -routers and expediters, but excluding the timekeeper, office employees, foremen, and all other supervisory employees 8 with authority to hire, promote, 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. DIRECTION OF ELECTION D As part of the investigation to ascertain 'representatives for the purposes of collective bargaining with Domestic Engine & Pump Com- pany, Shippensburg, Pennsylvania, 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 Fourth 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 Regulations-Series 3, as amended, amoifg the 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 includ- ing 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 Federal Labor Union No. 23989, A. F. L., for the purposes of collective bargaining. Mx. JAaIES J. REYNOLDS, JR., took no part in the consideration of the above Decision and- Direction of Election. 8 We find, in accordance with the agreement of the parties at the hearing, that the. fol- lowing individuals are supervisory employees within the Board's customary definition and should be excluded from the unit • the plant superintendent, foundry superintendent, and assistant foundry superintendent. 712344-47-vol. 70-81