Noma Electric Corp. of Maryland

In the Matter of K-D LAMP DIVISION, NOMA ELECTRIC CORPORATION OF MARY LAND, EMPLOYER and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. 0., PETITIONER Case No. 9-R-23.30.-Decided November 15, 1946 Frost and Jacobs, by Messrs. Cornelius J. Petzhold and Charles G. Puchta, Jr., of Cincinnati, Ohio, for the Employer. Messrs. Waldo Stager and John Boggs, of Cincinnati, Ohio, for the Petitioner. Mr. William V. Montague, of Cincinnati, Ohio, for the UAW-AFL. Mr. Jack L. McCain, of Cincinnati, Ohio, for the Warehousemen. Mr. Robert E. McManus, of Cincinnati, Ohio, for the Metal Polishers. 211r. Otto H. Frobe, of Cincinnati, Ohio, for the Truck Drivers. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Cin- cinnati, Ohio, on September 23, 1946, before Allen Sinshelmer, Jr., 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 1. THE BUSINESS OF THE EMPLOYER K-D Lamp Division, Noma Electric Corporation of Maryland, a Maryland corporation, is engaged in the manufacture of automotive lamps at Cincinnati, Ohio. During the past year, the Employer ,purchased raw materials of a value in excess of $350,000, of which 25 percent was shipped to its Cincinnati plant from points outside the State of Ohio. During the same period, the Employer sold finished products valued in excess of $1,000,000, of which approximately 85 percent was shipped to points outside the State of Ohio. 71N L R B, No 115. 704 K-D LAMP DIVISION, NOMA ELECTRIC CORPORATION OF MARYLAND 705 The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. International Union, United Automobile Workers of America, herein called UAW-AFL, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. Warehousemen's Union, Local 661, herein called the Warehouse- men, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. Metal Polishers, Buffers, Platers and Helpers International Union, Local No. 68, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer., Truck Drivers Union Local 100, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers is a labor organi- zation affiliated with the American Federation of Labor, claiming to represent employees of the Employer.2 II. THE ORGANIZATIONS INVOLVED 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. TIIE APPROPRIATE UNIT The Petitioner seeks a unit consisting of all production and main- tenance employees, including assembly room clerks, punch press de- partment clerks, receiving department clerks, shipping clerks, station- ary engineers, and office janitors, but excluding all office employees, foremen, assistant foremen, engineering department employees except for tool and die makers or machinists, production planning department employees, all employees in the polishing, plating, and buffing depart- ' The Metal Polishers intervened at the hearing for the sole purpose of protecting its interest among employees in the polishing , plating , and buffing departments which it now represents under a collective bargaining agreement with the Employer. Y The Truck Drivers intervened at the hearing for the sole purpose of protecting its interest with respect to a truck driver employed by the Employer 706 DECISIONS OF NATIONAL LABOR RELATIONS BOARD meats, the truck driver, guards and plant protection employees, and supervisory employees within ihe'Board's customary definition thereof. The Warehousemen seeks a unit consisting of all employees in the assembly, shipping, and receiving department, excluding the truck driver, foremen, and other supervisory employees-' The UAW- AFL requests a unit complementary to that sought by the Warehouse- men and consisting of all remaining employees in the unit claimed by the Petitioner. The parties are otherwise generally in agreement with respect to the exclusions and inclusions sought by the Petitioner, except that the Employer takes no position regarding the inclusion of various shop clerical employees 4 and opposes the inclusion of office janitors and stationary engineers. As regards the question of the appropriateness of a unit limited to employees of the receiving, shipping, and assembly departments, the evidence reveals that these departments are closely integrated with the Employer's production operations and that the skills required of the employees in these departments for the performance of their duties do not differ to any substantial degree from those of the remaining production and maintenance employees. While the Board has, on occasion, found appropriate units limited to shipping and similar employees where it appeared that no union was seeking to represent these employees in a plant-wide unit, in view of the integrated character of the Employer's operations, the lack of distinguishing skills on the part of the employees in these particular departments and the fact that organization by the Petitioner has been effected upon a plant-wide basis, we are of the opinion.that a unit linuted to employees of the shipping, receiving, and assembly departments would be inappropriate.' Accordingly, we shall include these employees in the production and maintenance unit hereinafter found appropriate.? There remains for consideration the question of including office janitors and stationary engineers within the production and main- tenance unit. With respect to office janitors, the Employer contends that these employees should be excluded as confidential employees by 8 The Warehousemen stated at the hearing that , in the event that assembly department employees should be found to be improperly included in the same unit with ieceivmg and shipping department employees , it desired a unit of employees in the receiving and shipping departments only ' The Board has customarily included with production and maintenance employees shop clericals of the type herein concerned See Matter of Kearney & Trecker Corporation, 60 N L R. B 148 , and cases cited therein. 5 See Matter of Wells Aircraft Parts Company, 61 N. L. R. B. 1331 , Matter of F. J. Kress Box Company, 64 N L. R. B 124. 6 So far as our decision in Matter of Arkell Safety Baq Company (58 N L R B. 575) be inconsistent with the principle thus set forth , it is hereby expressly overruled. Since we find that the employees claimed by the Warehousemen ire more appropriately included in the production and maintenance unit sought by the Petitioner , it is unnecessary to consider the alteinat ;ive request of the Warehousemen for a unit limited to employees of the receiving and shipping departments only. K-D LAMP DIVISION, NOMA ELECTRIC CORPORATION OF MARYLAND 707 reason of their access to the offices of the Employer. The Board has, however, frequently considered and rejected this contention.,, Accord- ingly, we shall include office janitors within the unit hereinafter found appropriate. Although the Employer would exclude stationary engineers upon the ground that their responsibility for the maintenance of power operations identifies their interests with those of management, it is admitted that they are not professional engineers and that their duties and status, including the requirement of a license from local authori- ties, are those of the usual type of maintenance engineer. Under the circumstances, we are of the opinion that the stationary engineers herein concerned do not have management responsibilities of a sub- stantial character and furthermore that their interests are similar to those of the production and maintenance employees. Accordingly, we shall include stationary engineers within the production and main- tenance unit. We find that all production and maintenance employees, including assembly room clerks and punch press clerks, shop and office janitors and stationary engineers, but excluding office employees, production planning department employees, engineering department employees except for tool and die makers or machinists, employees in the polish- ing, buffing, and plating departments, the truck driver, guards or watchmen, foremen, assistant foremen, and all other supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recom- mend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with K-D Lamp Division, Noma -Electric Corporation of Maryland, Cincinnati, Ohio, 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 Ninth Region, acting in this natter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employees in the unit found appropriate in Section IV, above, who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion, including employees who did not work during said pay-roll 8 See Matter of Armour and Company, 63 N. L. R. B. 1082, and cases cited therein. 708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 em- ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to deter- mine whether they desire to be represented by United Electrical, Radio & Machine Workers of America, C. I. 0., or by United Auto- mobile Workers, A. F. L., and Warehousemen's Union Local 661, A. F. of L.,9 for the purposes of collective bargaining, or by neither. The Warehousemen requested , without objection from the UAW-AFL, that if its entire unit claim should be rejected in favor of the over-all unit claimed by the Petitioner, the Board accord it a joint place on the ballot with the UAW-AFL in any election duected for employees in the Petitioner's unit. As indicated above, the request is hereby granted.