Eagles Iron and Brass Co.

EAGLE IRON AND BRASS COMPANY 747 the Intervenor, they may continue to be represented by it as a part of the existing production and maintenance unit, and the Regional Director is instructed to issue a certification of results of election to such effect. [Text of Direction of Election omitted from publication.] EAGLE IRON AND BRASS COMPANY and INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, AFL, PETITIONER. Case No. 10-RC-2860. November 3, 1954 Decision and Direction of Election Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Farmer and members Murdock and Peterson]. Upon the entire record in this case, the Board fords : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act.' 2. The labor organization named below claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees employed by the Em- ployer at its Sylacauga, Alabama, plants, including patternmakers, patternmakers' apprentices, maintenance workers, carpenters, welders and welders' helpers, lathe operators, truckdrivers, furnace operators, ladle and mold setup men, saw operators, shell-mold workers, shipping and receiving clerks, leadmen, and laborers, but excluding corporate 'We have asserted jurisdiction as the record shows that the Employer annually sells within the State to Rudisill Foundry Company forged tools valued at more than $100,000, that these tools are directly utilized by Rudisill in the manufacture of a product, and that Rudisill's direct interstate sales exceed $50,000 annually. Jonesboro Crain Drying Coop- erative, 110 NLRB 481. 110 NLRB No. 123. 748 DECISIONS OF NATIONAL LABOR RELATIONS BOARD officers, office clerks and stenographers, shop foremen, testers, watch- men and operators, guards, and all supervisors as defined in the act .2 [Text of Direction of Election omitted from publication.] 2 The parties agree as to the unit composition except for the shipping and receiving clerk, the testers , the leadmen , and a watchman and operator. The Petitioner would ex- clude them, but the Employer takes no position as to these employees . The shipping and rceiving clerk is a salaried employee who receives , stores, issues, and ships materials. Most of his time is spent at manual labor. As he has no supervisory authority , we have included him. American Lawn Mower Co., 108 NLRB 1589. The testers , who are metal- lurgists with college degrees, perform their duties in the laboratory under supervision of the general manager and are paid on a salary basis. We find that the testers are technical employees with interests , duties, and conditions of employment which differ from other employees in the unit. Accordingly, we have excluded them . Copperweld Steel Company, 102 NLRB 122D ; East Texas Steel Castings Company, Inc ., 95 NLRB 1135 . The three hourly paid leadmen are engaged in manual labor at all times, often with the assistance of other laborers . They have no authority to hire, discharge , or effectively recommend such action. They do inform and show others how work is to be done. In so doing they exercise routine judgment . Accordingly , we find that they do not responsibly direct, and therefore we have included them. Gerber Plastic Company, 108 NLRB 403 , et seq. The watchman and operator punches six time clocks hourly. This duty consumes ap- proximately 1 hour during an 8-hour shift , the remainder of which is devoted to operat- ing an annealing furnace and other nonprotection duties. Also , he would engage in pro- tection activities if the need arose. As part of his duties consist of plant protection, we find that he is a guard and therefore we have excluded him. Walterboro Manufacturing Corporation, 106 NLRB 1383. ALBERT EVANS, TRUSTEE OF LOCAL No. 391, INTERNATIONAL BROTHER- HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, AND INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, and THURSTON MOTOR LINES, INC. DRIVERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS LOCAL UNION No. 71, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, AND ITS AGENT,. II. S. LITTLE and THURSTON MOTOR LINES, INC . Cases Nos. 11-CC-5 and 11-CC-6. November 4,1964 Decision and Order On July 14, 1954, Trial Examiner Robert L. Piper issued his Inter- mediate Report in the above-entitled proceeding, finding that Locals 391 and 71 had engaged in and were engaging in certain unfair labor practices within the meaning of Section 8 (b) (4) (A) of the Act, and recommending that they cease and desist therefrom and take cer- tain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. The Trial Examiner further found that Re- spondents Little and International had not engaged in any of the alleged unfair labor practices and recommended dismissal of the com- plaint as to them. Thereafter, Locals 391 and 71 filed exceptions to 110 NLRB No. 122.