Quality Springs Products, Inc.

In the Matter Of QUALITY SPRINGS PRODUCTS, INC. and UNITED MINE WORKERS OF AMERICA, DISTRICT 50 Case No. 7-R-2060.-Decided January 10, 1946 Mr. Edwin F. Steffen, of Lansing, Mich., and Mr. W. T. Domfein, of Coldwater, Mich., for the Company. Mr. Vern F. Bates , of Detroit , Mich., for the Union. Mr. Donald B. Brady, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Mine Workers of America, District 50, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Quality Springs Products, Inc., Coldwater, Michigan, herein called the;Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Sylvester J. Pheney, Trial Examiner. The hearing was held at Coldwater, Michigan, on August 23, 1945. The Company and the Union appeared and par- ticipated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Quality Springs Products, Inc., is a Michigan corporation engaged at its plant in Coldwater, Michigan, in the manufacture of mechan- ical coil wire springs and spring products. The principal raw ma- terials used by the Company are spring steel and non-ferrous spring 65 N. L. R. B, No. 65. 357 358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD wire, all of which is received from sources outside the State of Mich- igan. The Company ships more than 50 percent of its finished prod- ucts to points outside the State of Michigan. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Mine Workers of America, District 50, is a labor organiza- tion, admitting to membership employees of the Company. III. TIDE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of its employees. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate? We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union urges in its petition that all production and mainte- nance employees of the Company, excluding office, clerical, and all supervisory employees, constitute an appropriate unit. The Com- pany generally agrees to the appropriateness of the proposed unit but desires to exclude from the unit a shipping clerk, a receiving clerk, and two watchmen, all of whom the Union would include. The Company contends that the shipping clerk and the receiving clerk should be excluded on the basis of their being clerical em- ployees having access to confidential information. The Company would exclude the watchmen as an arm of management. The dis- puted categories are discussed below. Shipping and receiving clerks: Each category of these employees performs work customarily associated with such classifications. Both do a substantial amount of manual work, though each visits the office and prepares certain written material. Both have access to information pertaining to the Company's costs, but inasmuch as their so-called "confidential" work does not concern labor relations 'The Field Examiner reported that the Union submitted 31 membership cards, all of which bore the names and apparently genuine signatures of employees listed on the Com- pany's pay roll of June 28, 1945. There are approximately 56 employees in the appropriate unit QUALITY SPRINGS PRODUCTS, INC. 359 it affords no ground for exclusion. These are plant clericals of the type generally included. We shall include them 2 Tlie watchmen: The Union would include, and the Company would exclude, the employees classified as watchmen. These employees are not uniformed, armed, nor deputized. They work on alternate night shifts. Their work is primarily janitorial in nature as the rounds of the plant only take a short period of time each hour. When not engaged in checking the security of the plant, these em- ployees clean the lavatories, sweep the factory floor, store waste paper and similar other duties. They do not possess any super- visory authority nor is their relationship to other employees in any sense monitorial. The Company's contention that they are an "arm of management" and, as such, improperly included in the bargain- ing unit because of their responsibility for the safety of the plant, is -IIithout merits We shall include the watchmen. We find that all production and maintenance employees of the Company, including the shipping clerk, the receiving clerk, and the watchmen, but excluding office and clerical employees, and all super- visory employees with authority to hire, promote, discharge, disci- pline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. TILE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Quality Springs ' See Matter of Goodman Manufacturing Company, 58 N. L. R. B. 531 ; Matter of Kear- ney & Trecker Corporation, 60 N. L R. B. 148 ; Matter of Vulcan Mold and Iron Company, 62 N. L. R. B. 1219. 8 See Matter of Fries, Beall & Sharp Company, 64 N. L. R. B. 1086 ; Matter of Vulcan Mold and Iron Company, 62 N. L. R. B. 1219 ; Matter of The Ohio Oil Company , 60 N. I. R. B. 418 ; Matter of Ohio Barge Line, Inc., 59 N. L. R. B. 154. - 360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Products, Inc., 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 Seventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among 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 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, to determine whether or not they desire to be represented by United Mine Workers of America, District 50, for the purposes of collective bargaining.