The Chase-Shawmut Co.

In the Matter of THE CHASE-SHAWMUT COMPANY, EMPLOYER and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. 0., PETITIONER Case No. 1-R-3344.-Decided November 7, 19.46 Mr. Allan Seserman, of Boston, Mass., for the Employer. Mr. Donald Tormey, of Boston, Mass., for the Petitioner. Mr. Robert J. Freehling, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed on September 12, 1946, hearing in this case was held at Newburyport; Massachusetts, on October 7, 1946, before Sam G. Zack, hearing officer. The hearing officer'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 I. THE BUSINESS OF THE EMPLOYER The Chase-Shawmut Company is engaged in the manufacture of electrical fuses and other electrical supplies at its plant located in Newburyport, Massachusetts. During the year `ending August 31, 1946, the Employer purchased raw materials valued in excess of $350,- OOQ, of which approximately 79 percent represented shipments from sources outside the Commonwealth of Massachusetts. During the same period, the Employer sold finished products valued in excess of $1,000,000, of which approximately 92 percent represented shipments to customers outside the Commonwealth. We find that the Employer is engaged in commerce within the mean- ing of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. 71N.LR. B,No 89. 610 THE CHASE-SHAWMUT COMPANY M. THE QUESTION CONCERNING REPRESENTATION 611 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. THE APPROPRIATE UNIT r lie parties agree generally that the appropriate unit should in- clude all production and maintenance employees of the Employer, excluding engineering department employees, office and clerical em- ployees, executives, and foremen. The parties are in disagreement, however, as to the following categories of employees whom the Peti- tioner would include in, and the Employer would exclude from, the unit: Truck driver: The Employer has one truck driver. This employee spends most of his time hauling freight to the plant and transport- ing materials between departments within the plant, and the rest of his time assisting in the filling of orders in the stockroom. We are of the opinion that a community of interest in the conditions of em- ployment exists between the truck driver and the production and maintenance employees, and, accordingly, we shall include him in the unit.' Tool and die makers: These employees work in the plant and are engaged principally in making, repairing, and sharpening dies. In addition, they aid in the repair°and maintenance of other plant equip- ment. Inasmuch as it is apparent that the interests of the tool and die makers lie with those of the production and maintenance em- ployees, we shall include the tool and die makers in the unit.3 Firemen: During the winter months, the Employer's firemen spend virtually all their time firing the plant boilers. During the remainder of the year, they perform whatever duties are assigned by the super- intendent of maintenance, viz, repairing screens, mounting screens and storm windows, and the like. In accordance with our customary practice in like cases, we shall include the firemen in the Unit .4 1 At the hearing, the Employer, in effect, moved to dismiss the instant petition on the ground that the Petitioner does not have a substantial interest in the appropriate unit. Inasmuch as we are administratively satisfied that the Petitioner has such an interest, we shall, for the reasons indicated in Matter of O. D. Jennings & Company, 68 N. L. R. B 516, deny this motion. 2 Matter of Waterloo Valve Spring Compressor Company, 61 N. L. R. B. 667. Cf. Matter of Domestic Engine & Pump Company, 70 N. L R. B 1263 , and Matter of California Consumers Corp , 63 N. L . R. B. 1196. 3 Matter of John Deere Harvester Works, 44 N. L. R. B. 335. 4 Matter of W. M. Bassett Furniture Industries, Inc., 65 N. L. R. B. 781, and Matter of Ali cooled Motor Corporation, 63 N. L. R. B. 1043. 612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Watchmen: The Employer's watchmen are engaged in policing the Employer's property and also, during winter months, in helping to tend the plant boilers. They are unarmed and perform no moni- torial duties. Inasmuch as their functions are custodial in nature, we shall follow our usual policy and include watchmen in the unit .5 Production clerks: The duties of the Employer's production clerks, who work under the immediate supervision of the personnel director and chief of analysis, standards department, consist mainly of keep- ing production and incidental time records, and of preparing reports therefrom. They are hourly paid, work in the plant in close contact with the production employees, and are generally subject to the same conditions of employment as the production employees. The Employer contends, in effect, that because the duties of these individuals involve "keeping control of materials," they should be excluded from the unit as managerial employees. We find no merit in this contention. It is evident from the record that the duties of the employees in issue with respect to production control are essentially clerical in nature and that these employees fail to exercise managerial authority within the Board's definition of that term. Accordingly, in view of their close community of interest with the production em- ployees, we shall include the production clerks in the unite We find that all production and maintenance employees of the Em- ployer at its Newburyport, Massachusetts, plant, including the truck driver, tool and die makers, firemen, watchmen, and production clerks, but excluding engineering department employees,' office and clerical employees, executives, foremen, and all other supervisory employees 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 meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The record discloses that on September 12, 1946, the Employer's operations were disrupted as the result of a strike, for an undisclosed purpose, by a large number of the employees in the appropriate unit and that this strike was still in progress at the time of the hearing. Neither party questions the employee status of the strikers. The record, however, is not clear as to whether the plant was in operation at the time of the hearing.8 Under the circumstances, we shall make 'Matter of Domestic Engine & Pump Company fn. 2, sapra, and cases cited therein e Cf. Matter of Gunite Foundries Corporation , 65 N. L. R. B. 43; Matter of Vulcan Mold and Iron Company, 62 N. L. It. B. 1219; and Matter of The Airparts Company, 59 N. L. R. B. 1341. ' Included In this category are experimental workers. $ There is some indication in the record that at least the employees in the toolroom continued on the job. THE CHASE-SHAWMUT COMPANY 613 provision for the contingency that operations continued during the strike, or if discontinued, were thereafter resumed before our Direc- tion of Election herein. Thus, if the Employer's operations continued during the strike or were resumed before the issuance of the Decision and Direction of Election herein, 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 our Direction of Election, including both employees on strike and their replacements, if any. However, in the event the Employer's operations were halted and had failed to resume at the time of our Decision and Direction of Election, those eligible to vote shall be determined from the pay roll for the period immediately preceding September 12, 1946.9 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with The Chase-Shawmut Company, Newburyport, Massachusetts, 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 First Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sec- tions 203.55 and 203.56. of National Labor Relations Board Rules and Regulations-Series 4, among the employees in the unit found appro- priate in Section IV, above, who were employed during the pay-roll period immediatey preceding the date of this Direction,10 including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and employees on strike, 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 United Electrical, Radio & Machine Workers of America, C. I. 0., for the purposes of collective bargaining. MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Decision and Direction of Election. 6 Cf Matter of Wticaco Machine Corporation, 69 N. L. R. B. 741 , and Matter of Lloyd Hollister, Inc, 68 N. L R. B 733 10 As noted above, in the event the Employer's operations were halted as a consequence of the strike and had failed to resume at the time of the issuance of the Decision and Direction of Election herein, those eligible to vote shall be determined from the pay roll foi the period immediately preceding September 12, 1946.