Simpson Manufacturing Co., Inc.

In the Matter of SIMPSON MANUFACTURING COMPANY, INC. and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O. Case No. R-56,04. -Decided July 00, 1943 Messrs. Isador Kahn and William F. Little, of Evansville, Ind., for the Company. Messrs. James Payne and Elvis E. Swan, of Evansville, Ind., for the Union. Miss Melvern R. Krelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition 1 duly filed by United Electrical, Radio & Machine Workers of America, C. I. O., herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Simpson Manufacturing Company, Inc., Evans- ville, Indiana, herein called the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice be- fore Ryburn L. Hackler, Trial Examiner. Said hearing was held at Evansville, Indiana, on June 29 and 30, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to intro- duce evidence bearing on the issues. At the hearing the Company made a motion to strike the Trial Examiner's statement, read into the record, relating to the showing of representation interest of the i Union among certain employees of the Company, known as "lead- men."- The Trial Examiner reserved ruling. The motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were af- forded opportunity to file briefs with the Board. 1 At the hearing the Union amended its petition with respect to the unit. 51 N. L. R. B. No. 94. 512 SIMPSON MANUFACTURING COMPANY, INC. 513 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY . Simpson Manufacturing Company, Inc. is an Indiana corporation having its principal office and place of business in Evansville, Indiana, where it is engaged in machining and processing aluminum and magnesium forgings and castings under a subcontract with Republic Aviation Corporation. Republic Aviation Corporation has a plant in Indiana which is engaged in the production of aeroplanes and is operated under a lease arrangement in the ordinary form with the Defense Plant Corporation. Ninety-five percent of the raw materials, including aluminum and magnesium forgings and castings, shipped to that plant is shipped from points outside the State of. Indiana. There they are unpacked and inspected before they are shipped to that corporation's various subcontractors for processing. During the 5-month period preceding the hearing, the Company received from Republic Aviation Corporation in excess of 3,000 aluminum and 2,500 magnesium forgings and castings. During the same period, the Company has processed and delivered to the Republic Aviation Cor- poration, at its Indiana plant, in excess of 1,500 aluminum and 1,000 magnesium finished forgings and castings which then become part of the aeroplanes manufactured by the Republic Aviation Corporation. Title to the raw and finished forgings and castings remains at all times in the Republic Aviation Corporation, and all machinery used by the Company is loaned to it by the Republic Aviation Corporation. The Company contends that it is not engaged in commerce within the meaning of the National Labor Relations Act. However, in view of the foregoing, we find that the Company is engaged in commerce within the meaning of the Act 2 II. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organiza- tion admitting to membership employees of the Company. 2 See Matter of Certain-Teed Products Corporation , 48 N. L: R. B. 43; and Matter of United States Cartridge Company, 42 N. L. R. B. 191, citing N. L. R. B. V. Fa.inbiatt, 306 U. S. 601. The fact that the Company never has title to the materials and products is immaterial. N. L it. B . v. Bradford Dyeing Association, 310 U S. 318, 326. It is clear that the opera- tions of the Company and Republic Aviation Corporation together constitute commerce. See N. L. it. B. v. Sunshine Mining Co., 110 F. (2d) 953 ( C. C. A. 9 ), cert. denied 312 U. S. 678. 514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD i III. THE QUESTION CONCERNING REPRESENTATION On May 28, 1943, the Union addressed a letter to the Company noti- fying it that the Union represented a majority of the Company's pro- duction and maintenance employees, and requesting a conference. On June 1, 1943, the Company replied stating that it doubted that the Union represented a majority of its employees, and refused to meet in conference. A statement of the Acting Regional Director, introduced in evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.3 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union contends that all production and maintenance employees of the Company, including leadmen, watchmen, and production con- trol employees, but excluding the plant superintendent, the assistant superintendent, foremen, assistant foremen, clerical and office em- ployees, employees in the engineering department, timekeepers, and factory clerks constitute an appropriate unit for the purposes of col- lective bargaining. The parties are in disagreement with respect to two groups of employees: (1) leadmen and (2) watchmen. The Union would include these employees, whereas the Company desires their exclusion. With regard to the employees in the engineering depart- ment, timekeepers, factory clerks, and production 'control employees, the Company takes no position contrary to that of the Union. The Company employs six leadmen, whose duties consist of setting up jobs for the operators, and making trial tests; training and instruct- ing new employees; and preparing progress reports on employees in their groups. They are paid on an hourly basis, and receive wages that are 10 to 15 percent higher than those of the production employees. $ The Acting Regional Director reported that the Union submitted 95 application cards, 94 of which bore apparently genuine signatures , and 1 bore a printed name. The cards were dated as follows : 1 in February 1943„ the remaining in April , May, and June 1943. There a, e between 75 and 100 employees in the unit . No check against any pay `roll was made. Counsel for the Company argued that the Regional Director 's statement had no proba- tive value , that the statement was made in the absence of any representative of the Com- pany; that the Company has no knowledge of the truth of the statements contained therein ; that the Company has not had the privilege of cross -examination based on the statements therein appearing . and objected to the introduction of that statement in evidence. The Trial Examiner overruled the objections . We have heretofore affirmed the rulings of the Trial Examiner and we find that the Company 's contentions are without merit See Matter of Intertake Iron Corporation, 38 N. L. R. B. 139; and Matter of Atlas Powder Company, 43 N. L R B. 757. SIMPSON MANUFACTURING COMPANY, INC. 515 The record indicates that they have the authority to recommend hire. discharge, promotion or demotion. We conclude that these employees are supervisory, and we shall, therefore, exclude them from the unit. There are in the employ of the Company one full-time watchman, and one part-time watchman and maintenance employee. Neither of these employees is uniformed or armed, nor do they belong to the auxiliary military police or any other deputized force. They are under the supervision of the maintenance supervisor and are part of the gen- eral maintenance department. We can find no substantial difference between the work of these employees and that of other maintenance employees. We shall, therefore, include these employees in the unit. As stated above, the Union desires the inclusion of production con- trol employees, and the Company takes no position to the contrary. The record indicates that there are four stockchasers, one scheduler, and one clerk in this category. It appears, however, that the scheduler and the clerk engage primarily in clerical work, and we shall, there- fore, exclude them from the unit. We shall, however, include the four stockchasers. - We find that all production and maintenance employees of the Com- pany, including the watchmen and the stockchasers, but excluding the plant superintendent, the assistant superintendent, foremen, assistant foremen, leadmen, 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, clerical and office employees, timekeepers, factory clerks, the scheduler and clerk in the production control department, and the employees in the engineering department, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of our Direction of Elec- tion, subject to the limitations and additions set forth therein. DIRECTION OF ELECTION 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 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended , it is hereby DIRECTED that, as part of the investigation to ascertain repre- sentatives for the purposes of collective bargaining with Simpson 540612-44-vol 51-34 516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Manufacturing Company, Inc., Evansville, Indiana, 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 Fourteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees 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, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Electrical, Radio & Machine Workers of America, C. 1. 0., for the pur- poses of collective bargaining.