The Electric Auto-Lite Co.

In the Matter of THE ELECTRIC AuTo-LITE COMPANY and INTERNA- TIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA No. 12 Case No. R-650.- --Decided October 11, 1938 Electrical Equtpracnt Mat,uiactuttoy Ieidurstry-It'iestiyattou of Representa- tives: controversy concerning representation of employees: controversy con- cerning appropriate unit; employer's refusal to enter into new contracts until question of representation is settled-Units Appropriate for Collective Bargaining: separate unit composed of pattern makers ; separate unit composed of tool, die and machine-repair workers ; unit composed of all other factory employees including factory clerks and checkers and excluding supervisory employees; all office employees, except supervisors, confidential clerks and secretaries, executives, specialists, experts, and professional employees, included in unit with factory workers if election indicates their desire for inclusion-Representatives: proof of choice: petitions-Certification of Representatives : upon proof of majority representation in tool and die and machine-repair unit-Elections Ordered Mr. Harry Lodish,, for the Board. Mr. T. R. Iserman, of New York City, and Mr. J. P. Falrvay, of Toledo, Ohio, for the Company. Mr. C. E. Kiker, of Toledo, Ohio, for the United. Mr. J. W. Starritt, of Toledo, Ohio, Mr. Earl S. Streeter, and Mr. George Becker, for the M. E. S. A. Mr. George Tncrdoest, and Mr. Claude L. Fox, for the Pattern Makers. Miss Carolyn E. Agger, of counsel to the Board. DECISION CERTIFICATION OF REPRESENTATIVES AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On October 14, 1937, International Union, United Automobile Workers of America, No. 12, herein called the United, filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a peti- tion alleging that a, question affecting commerce had arisen concern- ing the representation of employees of The Electric Auto-Lite Cotn- 9 N. L R B, No. 26 147 134068-39-voI rx-11 - 148 NATIONAL LABOR RELATIONS BOARD pany, Toledo, Ohio, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 10, 1938, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On February 17, 1938, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the United, upon Mechanics Educational Society of America, herein called the M. E. S. A., and upon Pattern Makers Association of Toledo, Ohio, herein called the Pattern Makers, the latter two being labor organizations claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on March 7, 8, 10, 14, 15, 16, 17, and 18, 1938, at Toledo, Ohio, before Harlow Hurley, the Trial Examiner duly designated by the Board. All parties,, except the Pattern Makers, were represented by counsel, and the Pattern Makers was represented by its officials. All parties participated in the hearing and were afforded full opportunity to'be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. During the course of the hearing, the Trial Examiner made several rulings on motions and on objections to ,the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. - The rulings are hereby affirmed. On April 1, 1938, and April 2, 1938, respectively, the M. E. S. A. and the respondent filed briefs. On May 24, 1938, a hearing was held before the Board for the purpose of presenting oral argument. The respondent, the United, and the M. E. S. A. participated in the hearing. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Electric Auto-Lite Company is an Ohio corporation engaged in the manufacture and sale of automobile starting, generating, ignition, and other electrical equipment at its plant in Toledo, Ohio. It has one or more manufacturing plants located in Niagara Falls, New York; Indianapolis, Indiana; Port Huron, Michigan; Sarnia, On- tario, Canada; Oakland, California; and Cincinnati, Ohio. This proceeding concerns only the plant at Toledo, Ohio. The principal DECISIONS AND ORDERS 149 raw materials used by the Company at this plant are copper, brass, and steel. Approximately 75 per cent of these raw materials are obtained outside the State of Ohio and approximately 94 per cent of the plant's finished products are shipped to States other than Ohio.. The total value of the purchases made by the Company for its Toledo plant was about $12,500,000 in 1937. The total value of the products of the Toledo plant sold during the same year was about $22,100,000. - H. THE ORGANIZATIONS INVOLVED International Union, United Automobile Workers of America, No. 12, is a labor organization affiliated with the Committee for Industrial Organization, admitting to its membership all employees of the Com- pany at its Toledo plant, excluding supervisory employees. Mechanics Educational Society of America, Local No. 4, is a labor organization unaffiliated with any other labor organization. The extent of its jurisdiction is not clearly disclosed in the record. It admits to membership, however, certain skilled and semi-skilled nonproduction employees of the Company. Pattern Makers Association of Toledo, Ohio, is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership pattern makers and apprentices employed by the Company. III. THE QUESTION CONCERNING REPRESENTATION Both the United and M. E. S. A. have had contracts with the Com- pany 1 governing their members' wages, hours, and other conditions of employment. The United claims that with certain exceptions set forth below, all employees in the plant should be represented by the United, that it has bargained on behalf of the factory workers and has attempted to bargain with the Company on behalf of the office workers. The Company has questioned the authority of the United to represent the office workers and is unwilling to negotiate further contracts until the question of representation is settled.2 We find that a question has arisen concerning representation of employees of the Company at its Toledo plant. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company at its Toledo plant, described in Section I above, has a close, intimate, 3 In September 1937, M. E. S. A. established .two locals, Local No. 3 for unskilled produc tion workers and Local No. 4 for skilled nonproduction workers. Only Local-No. 4 is here involved. 2 The Company has considered a few grievances presented by the United on behalf of the office workers but has refused to enter into a bargaining relationship with the United with respect to office workers. 150 NATIONAL LABOR MAUD and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNITS A. The claim of the Pattern Makers The Pattern Makers contends that the pattern makers department, consisting of all the Company's pattern makers, should be designated as a separate bargaining unit. The pattern makers are a well estab- lished craft and the Pattern Makers is strictly a craft organization. None of the parties disputes the contention that the craft should be a separate unit. - We find, therefore, that the pattern makers constitute a unit appro- priate for the purposes of collective bargaining and that said unit will insure to the employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act.' B. The claim of the H. E. S. A. The M. E. S. A. urges that the skilled tool and die maker s, machine repairmen, and machine development employees, together with the semi-skilled tool and die storage and tool stock employees, constitute a separate appropriate unit for collective bargaining. These em- ployees make up departments 40, 140, 49, 149, 52, 39, 136, 34, and 134 of the Company's plant. The skilled employees, comprising all the employees of departments 40, 140, 49, 149, 52, and 39, might properly constitute a separate appro- priate unit. The employees of these departments are highly skilled workers who have been trained by an apprenticeship of 4 years, all of whom are engaged in the manufacture and repair of dies, tools, amid machinery. As such they constitute a craft with a- close community of interest. Since 1933 the M. E. S. A. has,bargained on behalf of these employees of the Company. On the other hand, the United contends that the entire plant, with certain exceptions not here material, should be treated as a single unit appropriate for the purposes of collective bargaining. At the hear- ing, considerable evidence was introduced to show the highly inte- grated character of the plant and the appropriateness of an industrial unit including these workers. The Board could, therefore, properly find that the unit claimed by the United is a logical one. Since the employees comprising departments 40, 140, 49, 149, 52, and 39 could function either as a separate unit or as part of a single industrial unit,. we will follow our previous rulings in similar situa- tions that the determining factor is the desire of the employees them- DECISIONS AND ORDERS 151 selves.' In this case, as found below in Section VI, a majority of the employees in these departments are included in the M. E. S. A. membership and have thus evidenced their desire for organization along craft lines. It is, therefore, unnecessary to await the results of an election to determine their wishes.4 We find that the employees of departments 40, 140, 49, 149, 52, and 39 should be designated as a separate unit appropriate for purposes of collective bargaining. The M. E. S. A. further contends, however, that the employees in departments 36, 136, 34, and 134 should be included with the em- ployees of the departments listed above in a separate unit. The employees in these departments, who are eligible for membership in the M. E. S. A., are described as semi-skilled workers who are engaged in the storage and care of tools and dies. While the skilled tool and die workers obtain equipment from the storage keepers, the storage keepers do not work with the skilled workers. It is apparent that the semi-skilled employees here considered have no duties similar to those of the skilled workers. Moreover it is significant that the M. E. S. A. has not bargained for the semi-skilled employees until several years after it had negotiated for the skilled employees. At the hearing the M. E. S. A. contended that the tool inspectors who make up department 36-a should be included in the unit it alleged to be appropriate. This contention was later dropped in the brief filed by the M. E. S. A. We, therefore, do not consider such contention. We find, therefore, that the employees in departments 40, 140, 49, 149, 52, and 39 constitute a unit appropriate for the purposes of col- lective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. C. The' claim of the U'iiited 1. Production, maintenance, and professional employees The United contends that the unit appropriate for collective bar- gaining should consist of all the employees of the Company in Toledo, including production employees, factory clerks and checkers, skilled non-production factory employees, engineers, policemen, nurses, building-maintenance employees, credit managers, lawyers, experts and specialists, and office employees. In addition to the pattern makers, the United would exclude from the unit urged by it executives, their confidential clerks and see- 8 Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local Na. 8; International Association of Machinists, District-Nn. 54: Federal Labor, Union 18788, and United Automobile Workers of America, 3 N. L. R. B. 294. 4 Matter of Fairbanks, Morse d Company and Pattern Makers Association of Beloit, 7 N. L R. B 229. 152 NATIONAL LAB Olt RELATIONS BOARD retaries, and supervisors.5 In view of the supervisory and confiden- tial nature of their duties and the desire of the United, we shall exclude these employees from the units In addition to these, the, following employees should be excluded from the unit : (a) The skilled tool and die workers and machinery-repa-er -workers who compose departments 40, 140, 49, 149, 52, and 39.-As stated above, these employees constitute a separate bargaining unit and will be excluded from the unit contended for by, the United. (b) Professional employees, experts and specialists.-This group is composed of the purchasing agents in the purchasing department; the assistant sales manager, promotion and assistant promotion man- ager and service complaint clerk in the merchandising department; all of the employees in the production department; 7 the lawyers in the legal department; the engineers and designing engineers in the engineering department; the technical engineers in the service depart- ment; the efficiency engineers in the time-study department; the credit managers in the credit and collection department; the traffic manager and assistant traffic manager in the traffic department; and the assistant production engineer and the methods efficiency men in the methods department. Being experts and for the most part pro- fessional employees, their interests and duties are not comparable to those of factory workers nor to those of clerical workers. They should, therefore, be excluded from the bargaining unit.8 (c) Nurses.-Although the United desired the nurses included in the bargaining unit, no evidence was introduced to show the ap- propriateness of such an inclusion. In the absence of such evidence and in view of the specialized character of their services, which in no way bear any connection with those of other employees, we shall- exclude them from the bargaining unit.9 5 The United also desired that the employees of the sales analysis , purchasing, produc- tion, building supervisors, merchandising and legal departments be excluded . These pro- posed exclusions are discussed below 6 Matter of St. Joseph Stock Yards Company and Amalgamated Meat Cutters and Butcher Workmen of North America, Local Union No. 519, 2 N. L R. B. 39. Matter of Consumers' Research Inc. and J. Robert Rogers, representative for Technical , Editorial and Office Assistants Union, etc., 2 N. L. It. B . 57, 65. 7 The employees of the production department are not to be confused with the factory employees engaged in manufacturing operations. The employees in the production depart- ment are concerned with the efficiency of the plant. 8 The United desires to exclude from the bargaining unit all the employees in the sales analysis, purchasing , production, meichandising, building supervisors, and legal depart- ments. All professional employees, experts, and specialists in these departments are ex- cluded from the unit, together with similar employees in other departments. However, these departments also include clerks, stenographers , clerical assistants, and comptometer operators whose work and working conditions are similar to those of employees bearing the same titles in other departments. We shall, therefore, consider such employees under the discussion of office workers. 9 Matter of Bendix Products Corporation and International Union, United Automobile Workers of America, Bendix Local No. 9, 3 N. L. R. B 682 DECISIONS AND ORDERS 153 (d) Employees outside Toledo.-Salesmen in the merchandising department and other employees whose duties require them to spend the major portion of their time away from Toledo should be excluded from the bargaining unit. We find that executives, their confidential clerks and secretaries, supervisors, any professional, expert or specialist in the building supervisors department, pattern makers, and the employees listed in paragraphs a, b, c, and' d, above, should be excluded, from the bargaining unit. The United contends that watchmen should be included in the bargaining unit. The Company urges that because of their special duties, watchmen should not be included in the unit. However, we have customarily included watchmen in the appropriate unit when. desired by the labor organization." 2. Office workers As we have stated above, the United contends generally that the office workers should be -included' in the unit'with factory employees. The Company contends that the office workers should be designated as a separate unit. Traditionally office employees have seldom been organized along with factory employees, and labor organizations of the latter class of workers have seldom requested recognition in order to bargain for them. Under an industrial form of union organization, how- ever, there is no reason why office employees should not be included within a bargaining unit along with factory employees, despite the fact that their working conditions differ from those of factory em- ployees. In the present case, the United admits office and clerical employees to membership and has made some attempts to bargain on their behalf. It would therefore appear that office workers could- properly be included in the bargaining unit along with factory em- ployees. As we said in Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local No. 3; International Association of Machinists, District No. 54; Federal Labor Union 18788, and United Automobile Workers of America," "Where the considerations are so evenly balanced, the determining factor is the desire of the men themselves." Accordingly, the desires of the office employees, noted below, shall prevail. Upon the evidence of such desires, to be ascertained by an election which we will direct as stated below, will depend the determination of the unit appropriate for collective bargaining. If a majority of the office employees determine that 10 Matter of Luckenbach Steamship Company, Inc. etc. and Gatemen, Watchmen and Mis- cellaneous Waterfront Workers Union, Local 38-124 etc, 2 N. L. R B 181. 113 N. L. R. B. 294, supra. 154 NATIONAL LABOR RELATIONS BOARD they desire to be represented by the United for purposes of collective bargaining, they will be included in the unit contended for by the United. It is now necessary to determine the classes of office and clerical employees who shall be entitled to vote in such an election. At the hearing, the United stated that the employees in the following office departments should not be included with other office employees in the bargaining unit : sales analysis, purchasing, merchandising, pro- duction, building supervisors, and legal.12 The employees in these departments who are specialists or professional employees, or who are stationed outside of Toledo, have been excluded from the bar- gaining unit in paragraphs a, b, c, and d above, together with sim- ilar. employees in other departments. It is not therefore necessary for us to determine whether or not they fall within the category of office employees who shall be entitled to vote. However, as stated above, the remaining employees in the depart- ments which the United would exclude are stenographers and clerical employees who in general engage in the same type of work as office workers in other departments. We shall, therefore, include with the office workers the employees of the sales analysis, purchasing, merchandising, production, building supervisors, and legal depart- ments, except those specifically excluded in paragraphs a, b, c, and d, above. The employees who are so included shall be entitled to vote in the election to determine whether the office and clerical em- ployees, generally, shall be included within the appropriate unit. As we have stated above, supervisory employees are excluded from the bargaining unit and would not, therefore, be entitled to vote in the election. The factory clerks and checkers, although their work is partially clerical in nature, are not considered office employees by the Company, but are carried on the factory pay roll.13 They work in the factory along with the production workers keeping records on the production of the employees. This work occasionally requires some manual work in weighing articles which are measured by weight. Building-main- tenance workers and certain manual employees such as workmen who do manual work for the shipping department are associated with some of the office departments. We consider the factory clerks and checkers, building-maintenance workers and manual employees working in con- nection with the office, as factory workers who shall be entitled to participate in the election which we shall order to be held among other factory production and non-production employees as described below. 12 The United's statement will be treated as an amendment to its petition. 13 The United contended at the hearing that factory clerks and checkers should be classed as office workers. DECISIONS AND ORDERS 155 VI. THE DETERMINATION OF REPRESENTATIVES A. , The proof of majority representation The Pattern Makers introduced no evidence of its membership in the unit which it urged as an appropriate one. An election will, therefore, be necessary in order to determine whether the pattern makers desire to be represented by this labor organization. At the hearing the M. E. S. A. introduced into evidence .petitions signed shortly before the hearing by employees of the departments which make up the bargaining unit contended for by the M. E. S. A. The petitions stated that the signers were members of the M. E. S. A. and desired it to represent them. The names on the petitions were checked against the seniority list of March 17, 1938, by a committee, acceptable to all parties, which was designated at the hearing. The check showed that 199 out of 273 men 14 attached to the skilled tool and die and machine repair departments have designated the M. E. S. A. as their representative for the purposes of collective bar- gaining. The signatures were not questioned. by, any, party to the proceeding and no evidence was introduced which raises any doubt as to their authenticity. Therefore, we will accept the signatures as authentic. We find that the M. E. S. A. has been _ designated and selected by a majority of the employees in the appropriate unit consisting of the employees in departments 40, 140, 49, 149, 39, and 52, as their representative for purposes of collective bargaining. It is, there- fore, the exclusive representative of all the employees in such unit for the purposes of collective bargaining, and we will so certify. At the hearing, the United submitted some evidence with regard to factory and office workers' membership in the organization but the evidence was not substantiated by reliable documents. The United stated at the hearing that it desired an election and was not requesting certification. B. The eligibility dates None of the parties objects to the use of the seniority list of March 17, 1938, to determine the eligibility of factory employees to vote. This list was the basis of the determination of the majority of the M. E. S. A. The Company, when it increases its staff after a lay- off, rehires employees from the seniority list. The names of em- ployees who have been laid off appear on the list for 18 months thereafter. The list is not, therefore, too remote to be representa- tive and may be used to determine the eligibility of factory employees to vote. 14 The figures cited do not include the semi -skilled employees in departments 36, 136, 34, and 134. 156 NATIONAL LABOR RELATIONS BOARD Since the office, employees do not -enjoy seniority privileges and, therefore, do not appear on the seniority list of March 17, 1938, and since the record discloses no reason for designating that date to deter- mine the eligibility of office workers ,to vote, the pay-roll list of office employees next preceding the date of the Direction of Election shall be used to determine the eligibility of office employees to vote. We shall, therefore, order elections to be held separately among the groups of employees as stated and defined above in Section V, namely, the office workers; the factory employees, checkers and clerks, and manual workers attached to the office; and the pattern makers. The election by secret ballot among the office workers will deter- mine not only whether they desire the United to represent them but also whether they are to be included within the appropriate unit claimed by the United. Upon,the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of The Electric Auto-Lite Company, Toledo, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the pattern makers employed by The Electric Auto-Lite Company, Toledo, Ohio, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Tool and die and machinery workers employed by The Electric Auto-Lite Company in departments 40, 140, 49, 149, 52, and 39 con- stitute a unit appropriate for purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Rela- tions Act. 4. Mechanics Educational Society of America, Local No. 4, is the exclusive representative of all the employees in the unit designated in paragraph 3, above, for the purposes of collective bargaining, within the meaning of Section 9 (a) of the National Labor Rela- tions Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that the Mechanics Educational Society of America, Local No. 4, has been designated and selected by a majority DECISIONS AND ORDERS 157 of all employees of departments 40, 140, 49, 149, 52, and 39 of The Electric Auto-Lite Company, Toledo, Ohio, as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Mechanics Educational Society of America, Local No. 4, is the exclu- sive representative of all such employees for the purposes of collec- tive bargaining in respect to rates of pay, wages, hours of employ- ment, and other conditions of employment. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as a part of the investigation authorized by the Board to ascertain representatives for collective bargaining with The Electric Auto-Lite Company, elections by secret ballot shall be con- ducted within fifteen (15) days from the date of this Direction, under the direction and supervision of the Regional Director for the Eighth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among those employees of The Electric Auto-Lite Com- pany who fall within the groups described below. (a) Those employed in the office of the Company during the pay- roll period next preceding the date of this Direction, including all stenographers, typists, clerks, file clerks, comptometer operators, and clerical assistants, but excluding executives, their confidential clerks and secretaries, supervisors, professional employees, experts and spe- cialists, purchasing agents in the purchasing department, the assistant sales manager, the promotion and assistant promotion manager and complaint-service clerk in the merchandising department, all the em- ployees in the production department, the lawyers in the legal depart- ment, the engineers in the service department, the credit managers in the credit and collection department, the assistant production engineer and the methods efficiency men in the methods department, the traffic manager and assistant traffic manager in the traffic department, the efficiency engineers in the time-study department, nurses, manual employees associated with office departments, and employees of the service department whose work is done in the field, to determine whether or not they desire to be represented by United Automobile Workers of America, No. 12, affiliated with the Committee for Indus- trial Organization, for the purposes of collective bargaining; (b) Those who were on the seniority list of the Company, dated March 17, 1938, engaged in pattern making, except those who have 158 NATIONAL LABOR RELATIONS BOARD since quit or been discharged for cause, to determine whether or not they desire to be represented by the Pattern Makers Association of Toledo, Ohio, affiliated with the American Federation of Labor, for the purposes of collective bargaining; (c) All other employees engaged in production , and non-production factory employees, including factory clerks and checkers and manual employees attached to the office of the Company, who were on the seniority list of the Company, dated March 17, 1938, except pattern makers, those employees employed in departments 40, 140, 49, 149, 52, and 39, and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Automobile Workers of America, No. 12, affiliated with Committee for Industrial Organization for the purposes of collective bargaining. MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Decision , Certification of Representatives, and Direction of Elections. [SAME TITLE] AMENDMENT TO DECISION, CERTIFICATION OF REPRE- SENTATIVES AND DIRECTION OF ELECTIONS October 20, 1938 On October 11, 1938, the National Labor Relations Board , herein called the Board, issued a Decision, Certification of Representatives and Direction of Elections in the above -entitled proceedings. In Section V, subsection C, part (1), of its Decision the Board states, "In addition to the pattern makers, the United would exclude from the unit- urged by its executives , their confidential clerks and secre- taries, and supervisors." The Board hereby amends its Decision by striking therefrom the words quoted above and substituting therefor the following : "In addition to the pattern makers, the United would exclude from the unit urged by its executives , their confidential clerks and secretaries, foremen, assistant foremen, and all supervisors who have authority to hire or discharge." In Section V, subsection C, of its Decision the Board states, "We find that executives , their confidential clerks and secretaries, super- visors, any professional, expert or specialist in the building super- visors department . . ." The Board hereby amends its Decision by striking therefrom the words quoted above and substituting therefor the following : "We DECISIONS AND ORDERS 159 find that -executives, their confidential clerks and secretaries, fore- men, assistant foremen, supervisors with authority to hire or dis- charge, any professional, expert or specialist in the building super- visors department ..." In paragraph (a) of its Direction of Election the Board states, "Those employed in the office of the Company during the pay-roll period next preceding the date of this Direction, including all stenog- raphers, typists, clerks, file clerks, comptometer operators, and cleri- cal assistants, but excluding executives, their confidential clerks and 'secretaries, supervisors, professional employees, experts and spe- cialists, purchasing agents in the purchasing department, the as- sistant sales manager, the promotion and assistant promotion man- ager and complaint service clerk in the merchandising department, all the employees in the production department, the lawyers in the legal department, the engineers in the service department, the credit managers .. . The Board hereby amends its Directioi of Election by striking therefrom the words quoted above and substituting therefor the following : "Those employed in the office of the Company during the pay-roll period next preceding the date of this Direction, in- cluding all stenographers, typists, clerks, file clerks, comptometer operators, and clerical assistants, but excluding executives, their confidential clerks and secretaries, supervisors with authority to hire and discharge, professional employees, experts and specialists, pur- chasing agents in the purchasing department, the assistant sales manager; the promotion and assistant promotion manager and com- plaint service clerk in the merchandising department, all the em- ployees in the production department, the lawyers in the legal de- partment, the engineers in the service department, engineers in the engineering department, the credit managers .. ." In paragraph (c) of its Direction of Election the Board states, "All other employees engaged in production, and non-production factory employees, including factory clerks and checkers and manual' employees attached to the office of the Company, who were on the seniority list of the Company, dated March 17, 1938, except pattern makers, those employees employed in departments 40, 140, 49, 149, 52, and 39, and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Automobile Workers of America, No. 12, affiliated with Com- mittee for Industrial Organization for the purposes of collective bargaining." The Board hereby amends its Direction of Election by striking therefrom the words quoted above and substituting the following : "All other employees engaged in production, and non-production 160 AVTION_AL LABOR RELATIONS BOARD factory employees, including factory clerks and checkers and manual employees attached to the office of the Company, who were on the seniority list of the Company, dated March 17, 1938, except pattern makers, foremen, assistant foremen, supervisors with authority to hire or discharge, those employees employed in departments 40, 140, 49, 149, 52, and 39, and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Automobile Workers of America, No. 12, affiliated with Committee for Industrial Organization for the purposes of collective bargaining." MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Amendment to Decision, Certification of Representatives and Direction of Elections. 9 N. L. R. B., No 26a.