Sonoco Products Co.

82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD within the meaning of the Act, or would establish them as a separate appropriate unit on the ground that their work interests are different from those of other employees. The approximately 3 chief inspectors in the defense contract department inspect finished products. They have authority to reject work done by production employees. One of the chief inspectors is assisted by 5 or 6 other inspectors. Although chief inspectors may recommend the discharge of employees, such recommendations do not carry effective weight. Nor does the record disclose that chief inspectors have any of the other powers of a supervisor as set forth in Section 2 (11) of the Act. We therefore find that chief inspectors are not supervisors within the meaning of the Act. The Board has found that em- ployees such as the instant chief inspectors may appropriately be included in a production and maintenance unit.4 We shall therefore include chief inspectors in the unit hereinafter found appropriate. Upon the entire record in this case, we find that the follow- ing employees of the Employer at its punch press and screw machine plant at Houston, Texas, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance em- ployees, including employees in the toolroom and in the punch press, screw machine, and defense contract, departments, chief inspectors in the latter department, and other inspectors, but excluding office clerical employees, professional employees, watchmen, guards, and supervisors as defined in the Act. 5. No election can be held in this proceeding until after October 1953, the time of the expected layoff of the defense contract employees. If any such employees have actually been laid off by the date of the election, without reasonable expecta- tion of reemployment, they will be regarded as having been permanently severed and will be ineligible to vote in the election hereinafter directed.5 Otherwise, they will be eligible to vote. [Text of Direction of Election omitted from publication.] 4Palmer Manufacturing Company, 103 NLRB 336, and cases cited therein 5 Mosher Steel Company, 88 NLRB 173. SONOCO PRODUCTS COMPANY and INTERNATIONAL BROTHERHOOD OF PULP, SULPHITE, AND PAPER MILL WORKERS, AFL, AND INTERNATIONAL BROTHERHOOD OF PAPER MAKERS, AFL, Petitioners. Case No. 11-RC-566. November 17, 1953 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Jerold B. Sindler, hearing officer. The hearing officer's rulings made 107 NLRB No. 24. SONOCO PRODUCTS COMPANY 83 at the hearing are free from prejudicial error and are hereby affirmed. i Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to representcer- tain employees of the Employer. 3. A question affecting commerce exists concerning the rep- resentation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The parties stipulated that the appropriate unit consists of all production and maintenance employees at the Employer's Hartsville, South Carolina, plant, where the Employer is engaged in making paper and paper products. However, they disagree as to the unit placement of certain employees.' Assistant beater room foreman: The Employer contends that the 3 assistantbeater room foremen,who alternate on the 3 daily shifts, are supervisors. The record, however, is insufficient to enable us to make a determination on this issue. We shall ac- c ordingly permit the as sistant beate r room foreman to vote under challenge and shall conduct a further investigation if it should appear that their votes would be determinative of the election. Lacquer, paint-pigment, and sonolite operators: The Em- ployer asserts that these three operators are professionalem- ployees, who should be excluded from the unit. The record dis- closes, however, that they merely operate mixing machines, add- ing various ingredients to the product being mixed according to prescribed formulas set by the chief chemist. Their duties are of a routine nature and do not require the use of independent judg- ment. Upon the basis of the entire record, we find that the lac- quer, paint-pigment, and sonolite operators are neither profes- sional nor technical employees and shall include them in the unit. Mail carrier: The Employer would include the mail carrier, while the Petitioner would exclude him. The mail carrier car- ries mail and packages between the post office and the Employ- er's main office. We find that his interests are with the office clerical employees and shall exclude him from the unit.3 Order tracers: The Petitioner would exclude as managerial employees the order tracer and his assistant. Their duties are to keep records in order to enable them to inform customers of iThe hearing officer referred to the Board the Employer 's motion to dismiss the joint petition filed herein on the grounds that (1) two unions cannot constitute a labor organization within the meaning of the Act; and (2) the showing of interest was not based upon joint desig- nations by the employees involved . The motion is denied. The Board has consistently held that two or more labor organizations may appropriately bargain as joint representatives, and that the adequacy of a showing of interest is an administrative matter, not litigable by the parties. Webb-Linn Printing Co., 95 NLRB 1488; Harry Brown Motor Company, 86 NLRB 652. 2 It was stipulated at the hearing that the evidence regarding these employees adduced in a prior case concerning the parties -- Sonoco Products Co., 11-RC-514 ( not reported in printed volumes of Board Decisions)--was still applicable and should be adopted by the Board in this case We hereby take official notice of that proceeding and shall rely on the evidence there presented in determining the unit placement of the disputed categories. 3Heintz Maa^,+acturing Company, 100 NLRB 1521 84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the stage of completion of products being made for them. Their work requires them to move continually throughout the plant. We find that the order tracer and his assistant are plant clericals and shall include them in the unit.4 Nurses: The Petitioner contends that the three registered nurses should be excluded, while the Employer would include them. The Board has consistently held that nur se s have interests and duties basically different from those of production and main- tenance personnel. 6 Accordingly, we shall exclude them from the unit. Cooperative students: Five university students are employed as draftsmen in the drafting department, alternating every 3 months between the plant and the university. The record does not indicate that there is any likelihood that they will become permanent employees upon graduation. As they are technical employees and their employment is merely incidental to their education, we shall exclude them from the unit. 6 Grill employees: The Employer maintains a grill or lunch- room near the production office. The Petitioner would exclude the grill employees as not having any community of interest with the other employees in the proposed unit, while the Em- ployer would include them. The Employer maintains the grill solely for the use of its employees. The grill employees have the same terms and conditions of employment as the other em- ployees. We have frequently found that the interests of cafeteria employees are not so dissimilar to those of production and maintenance employees as to preclude their inclusion with the latter. We shall therefore include the grill employees in the unit.? We find that all production and maintenance employees at the Employer's Hartsville, South Carolina, plant, including lacquer, paint-pigment, and sonolite operators, order tracer, order tracer assistant, and grill employees, but excluding office and clerical employees, mail carrier, nurses, cooperative students, and supervisors as defined in the Act, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication.] 4Clarostat Mfg. Co., Inc., 105 NLRB 2,0. 5W. F. & John Barnes Company, 96 NLRB 1136. 6 National Cash Register Company, 95 NLRB.27. 7 Taunton Pearl Works, 89 NLRB 1382. MAC SMITH GARMENT COMPANY, INC. and AMALGAMATED CLOTHING WORKERS OF AMERICA, CIO. Case No. 15-CA- 481. November 18, 1953 DECISION AND ORDER On June 15, 1953, Trial Examiner David London issued his Intermediate Report in the above-entitled proceeding, finding 107 NLRB No. 27.