Republic Flow Meters Co.

In the Matter of REruBLIC FLOW METERS Coi rPANY, E1\r1'LOYEu and UNITED F. E. k- METAL WORKERS or AMERICA (CIO), PETITIONER Case No. 13-R-3964.Decided January 28,1947 Fyffe d Clarke, by Messrs. Albert J. Smith and Charles P. Dries, of Chicago, Ill., for the Employer. Meyers, Meyers and Rothstein, by Mr. Irving Meyers, and Mr. Theodore F. Hahn, of Chicago, Ill., for the Petitioner. Messrs. Rudolph Faupl and Vito J. Mllazzaeano, of Chicago, Ill., for the Intervenor. Mr. Sanwel G. Hamilton, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS Upon a petition duly filed, hearing in this case was held at Chicago, Illinois, on October 28, 1946, before Robert T. Drake, hearing officer. The hearing officer's rulings made at the hearing aie free from prej- udicial 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 Republic Flow Meters Company is an Illinois corporation operating two plants at Chicago, Illinois. We are here concerned solely with its Diversey Parkway plant, at which it is engaged in the manufacture of industrial instruments, meters, and controls. For this purpose it purchases annually in excess of $50,000 worth of raw materials, in- eluding steel, cast iron, brass, and copper wire. Of this amount, 50 percent is shipped to the Employer from points outside the State of Illinois. Annually, the Employer manufactures finished products valued in excess of $100,000, of which more than 50 percent is shipped 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. 72NLRB,No:5S 2!)f REPUBLIC FLOW METERS COMPANY If. THE ORGANI'ZATION'S IN \ OLVEI 297 The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. Die and Tool Makers Lodge #113, international Association of Machinists, herein called the Intervenor, is a labor organization, claiming to represent employees of the Employer. III. HE 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. THE AI'PROPR[A TE UNIT; THE i)E'rEII)IINATION OF REPRESENTATIVES The Petitioner seeks a unit of all production a nd maintenance em- ployees of the Employer 's Diversey Parkway plant , including tool and die makers, model makers, trainees, shipping and stores department employees , watchmen, the part-time timekeeper , and the part-time truck driver , but excluding clerical employees in the stores depart- ment,' toolroom apprentices , the full -time timekeeper, the full-time truck driver , employees of the drafting, contract engineering, and research development departments (except for model makers), and supervisory employees . The Intervenor desires a separate unit of all tool and time makers , including apprentices , and all model makers. The Employer takes no affirmative position either with respect to the inclusion of all employees in one comprehensive unit or with respect to the establishment of two separate units . The Employer disagrees, however , with the Petitioner's wish to exclude certain supervisory employees ; opposes dividing trainees and toolroom apprentices by having them placed in separate units ; and takes no position on the inclusion or exclusion of the full -time truck driver. The Diversey Parkway plant is operated as a single , integrated production unit, the various departments each contributing its share to the production of the completed product. Clearly, therefore, a comprehensive production and maintenance unit would be appro- priate. The evidence indicates , however , that the unit proposed by the Intervenor would also be appropriate . The toolroom is located- in one corner of the plant. There are approximately 10 employees in 1Thece clerical employees rue presently working in the pioductimi depaiIments 298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the toolroom, of whom 6 or 7 are tool and die makers, and the re- mnainder tool and die maker apprentices. The tool and die makers are highly skilled craftsmen who are required to serve a 4-year ap- prenticeship before they are considered fully qualified to perform their duties. The toolroom apprentices have been through the general production departments for training. However; they are distinguish- able from trainees in these departments not only by their duties as apprentice tool and die makers and their location in the toolroom, but by their more advanced training and the fact that, unlike the trainees, they do not attend school. The model makers are also highly skilled craftsmen who make tools as well as models. Both tool and die makers and model makers are under supervision which is separate from that of the general production departments.' Upon the foregoing facts. we find that all tool and die makers, in- cluding apprentices, and all model makers, excluding supervisory em- ployees, could properly constitute a separate unit or be included with production and maintenance employees in a single plant-wide produc- tion and maintenance unit. In these circumstances we shall defer our determination of the ap- propriate unit or units. Such determination shall depend, in part, upon the outcome of the elections we hereinafter direct among (1) the employees sought by the Intervenor and (2) all remaining production and maintenance employees. Unsettled categories in residual production and nueintenance voting group: Alleged supervisory employees: The shipping clerk 3 has under his supervision 6 or 7 employees. While he receives a salary, the employ- ees under his supervision are hourly paid. He spends from 10 to 50 percent of his time in manual labor, and the balance'of his time in supervision. The stores department, supei visor 4 supervises approxi- mately 10 employees. He receives for his services a salary whereas the employees now under his supervision are hourly paid. From 10 to 50 percent of his time is spent in manual labor. Although before making a discharge they would in all probability take up this matter with their superiors, it is clear that, depending upon the particular circumstances involved, the shipping clerk and the stores department supervisor both have actual authority to discharge the employees under their supervision. WWTe shall exclude the shipping clerk and stores department supervisor on the ground that they are supervisory em- ployees within the meaning of the Board's customary definition. 'Tool and die makers and model makers work in the general production departments only when their services are necessary there. 3 Mike Gracsyk. ' John Gustafson. REPUBLIC FLOW METERS COMPANY 299 The working foreman in charge of the printing department 5 directs the work of only one employee, and the working foreman in charge of the welding department 6 directs the work of only two or three em- ployees. Moreover, they spend SO to 90 percent of their time in manual labor. We are persuaded that the relationship these employees bear to the workers under their direction approximates that of journeyman to helper rather than that of supervisor to subordinate. Accordingly, we shall include them. Trainees: As noted before, trainees are distinguishable from tool- room apprentices. Their duties are closely aligned with those of other employees in the production and maintenance departments, with whom they work. In these circumstances, we shall include the trainees in the residual production and maintenance voting group. The full-time truck driver: The Petitioner desires the exclusion of this employee and the Employer, as previously noted, takes no clear position as to his inclusion or exclusion. As this employee spends his time exclusively in driving a truck, we shall exclude him. We shall direct separate elections among the employees in each of the following groups described below : Group 1. All tool and die makers, including toolroom apprentices, and all model makers, of the Employer's Diversey Parkway plant, excluding 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. Group 2. All remaining production and maintenance employees of the Employer's Diversey Parkway plant, including the working fore- men in charge of the printing and welding departments, trainees, shipping and stores department employees, watchmen, the part-time timekeeper and the part-time truck driver, but excluding clerical em- ployees in the stores department, the full-time timekeeper, employees of the drafting, contract engineering, and research development de- partments, all employees in Group 1 above, the shipping clerk, the stores department supervisor, 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. DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the purposes of collective bargaining with Republic Flow Meters Com- pany, Chicago, Illinois, 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 ° John Sima. ° Charlie Braun. 300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Director for the Thirteenth Region, acting In this matter 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 voting groups described in Sec- tion IV, above, who were employed duruig the pay-roll period imme- diately preceding the dale of this Direction, Including employees who (lid 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 dis- charged for cause and have not been rehired or reinstated prior to the date of the election, (1) to determine with respect to the employees in Group 1, described i11 Sect ion IV, above, whether they desire to be represented by United F. E. & Metal Workers of America (CIO), or by Die and Tool Makers Lodge $113, I. A. of M.,7 for the purposes of collective bargaining, or by neither; and (2) to determine with re- spect to the employees in Group 2, described in Section IV, above, whether or not they desire to be represented by United F. E. & Metal Workers of America (CIO), for the purposes of collective bargaining. 'Although the Petitioner contends that the Intervenor has not shown enough interest in this proceeding to be allowed a place on the ballot, we are satisfied that the showing of the Intervenor warrants its participation in the election