Continental Industries, Inc.

In the Matter of CONTINENTAL INDUSTRIES, INCORPORATED, OF KANSAS CITY, MISSOURI, EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE No. 314, PETITIONER Case No. 17-RU-9.-Decided March 4, 1948 Mr. George L. Gordan, of Kansas City, Mo., for the Employer. Cllr. Cody Quinn, of Kansas City, Mo., for the Petitioner. Messrs. Harry C. Clark, John A. Rinkenbaugh, and Carl L. Stevens, of Kansas City, Mo., for the Intervenor. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Kansas City, Missouri, on December 5, 1947, before Harry L. Brown, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.2 Upou the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF TILE EMPLOYER Continental Industries, Incorporated, of Kansas City, Missouri, is an Illinois corporation engaged in the manufacture and sale of caskets to the United States Government under the "Soldier Veteran Repatria- tion" program. Its principal office and place of business is in Lake City, Missouri. Purchases, which colislst chiefly of steel and gaskets, are in excess of $25,000 per month, 90 percent of which is purchased by ' Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the National Labor Relations Board has delegated its powers in connection with this case to a thtee-man panel consisting of the undersigned Board Members [Houston, Reynolds, and Grav] 2 The Petitioner objected to the Intervenor's motion to intervene on the ground that the Intei venor was not in fit]] compliance with the filing requirements of the Act at the time of the hearing. The hearing officer granted the motion upon a showing that the Inter- venor was-taking steps to comply, but subject to it later determination by the Board con- cerning- compliance We find that the Intervenor effectuated full compliance on Decem- ber 15, 1947. 76 N. L. R. B., No. 87. • • , 561 562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Employer from sources outside the State of Missouri. Sales by the Employer are in excess of $35,000 per month. The Government takes title to the caskets at the Employer's plant, and delivers them to various destinations in the State of Missouri and to other States of the United States. The Employer admits and we find that it is engaged in commerce ithin the meaning of the Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is an unaffiliated labor organization claiming to represent employees of the Employer. International Union of United Automobile, Aircraft and Agricul- tural Implement Workers of America, herein called the Intervenor, is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. 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 exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Petitioner and the Intervenor seek a unit composed of all pro- duction and maintenance employees of the Employer, excluding office and clerical employees, and all supervisory personnel. While all parties are in agreement concerning the general composition of the unit, it developed at the hearing that there was disagreement with respect to whether or not leadmen and watchmen were to be included in the unit as defined. There are approximately "500 employees who are engaged in spot welding, steel welding, bonderi zing metal, metal finishing, priming and painting, final assembly, testing, and shipping. A general super- intendent is in charge of the entire plant which is located on one floor. Under the superintendent there are approximately 10 "supervisors," each of whom is in charge of operations in a particular area on the floor. Under these supervisors, the Employer places 18 leadmen who are in charge of from 15 to 20 employees each. It appears that from 25 percent to 40 percent of their time is devoted to requisitioning materials, instructing, training, overseeing, and determining that pro- CONTINENTAL INDUSTRIES, INCORPORATED, OF KANSAS CITY 563 duction conforms to company specifications. The remainder of their time is devoted to performing the same work as do the employees in the categories they head. They are hourly paid, as are other employees, but receive from 10 cents to 18 cents per hour more than the men under them. The Employer takes the position that these men are supervisors and should be excluded from the unit. Both unions desire to include them. There was conflicting testimony at the hearing with respect to the authority of leadmen. A representative of the Employer testified that leadmen can effectively recommend the discharge, transfer, and discipline of employees. One of the leadmen, however, testified that no such express authority had ever been given to him, and further, that he considered that his main job was to instruct and teach men rather than to supervise. While the record is not free from doubt, we believe that, as the leadmen in question devote a substantial portion of their time to non-productive work, have 15 to 20 men working under them, and receive a notably higher wage than the men entrusted to their charge, they are supervisors within the meaning of the Act, as amended, and we shall accordingly exclude them from the unit. The Petitioner and the Intervenor also desire to represent watch- men if they do not fall within the category of "guards" as set forth in Section 9 (b) (3) of the Act.s The Employer does not take any position with respect to the watchmen. Watchmen are not presently armed, although the Employer intends in the near future to arm them. Presently, they do not check in at various guard stations throughout the plant, although the Employer intends shortly to re- quire this to conform to insurance regulations. They are hired pri- marily for the purpose of protecting plant property from employees and other persons. The record discloses that these employees have the authority to "enforce against employees and other persons rules to protect the property of the Employer." In view of the foregoing, we find that the watchmen are guards within the meaning of Section 9 (b) (3) of the Act. We shall, therefore, exclude them from the unit 4 We find that all the production and maintenance employees at the Employer's Lake City, Missouri, plant, excluding office and clerical employees, leadmen, watchmen, and all supervisors within the mean- ing of the Act, constitute a unit appropriate for the purposes of col- lective bargaining within the meaning of Section 9 (b) of the Act. 8 Section 9 (b) (3) of the amended Act provides that the Board shall not "decide that any unit is appropriate . . . if it includes, together with other employees, any indi- vidual employed as a guard to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employer's premises." 4 Matter of C. V. Hill & Company, Inc, 76 N L. R B. 158. 781902-48-vol. 76-37 564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Continental Industries, Incor- porated, of Kansas City, Missouri, Lake City, Missouri, 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 direc- tion and supervision of the Regional Director for the Seventeenth Region, and subject to Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regulations-Series 5, among the employ- ees 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, 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, and also excluding employees on strike who are not entitled to reinstatement, to determine whether they desire to be represented by International Association of Machinists, Lodge No. 314, or by International Union of United Automobile, Aircraft and Agricultural Implement Workers of America, for the purposes of col- lective bargaining, or by neither.