Controls Co. of America

170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gaining within the meaning of Section 9 (b) of the Act: All pro- duction and maintenance employees at the Employer's Brooklyn, New York, recording devices manufacturing plant, including ship- ping and receiving employees; but excluding office clerical and pro- fessional employees, guards, watchmen, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] MEMBER MURDOCK, dissenting in part : I dissent from the majority's decision insofar as it requires the Petitioner to submit a new showing of interest before an election will be held. Upon the basis of the record in this case, I am convinced that the Petitioner has maintained its identity as a labor organization not- withstanding its change in affiliation since the petition was filed. There is nothing to suggest that the change in affiliation was not in accord with the desires of the employees in the appropriate unit. Ac- cordingly, I would, for reasons set forth in the majority opinion in The Great Atlant4c & Pacific Tea Company, 113 NLRB 865, direct the holding of an immediate election on the basis of the showing of interest submitted by the Petitioner at the time it filed its petition. MEMBER BEAN took no part in the consideration of the above Decision and Direction of Election. Controls Company of America, Schiller Park Plant and Interna. tional Union, United Automobile, Aircraft & Agricultural Im- plement Workers of America, AFL-CIO, Petitioner. Case No. 13-RC-5330. June 17,1957 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 Rush F. Hall , hearing officer. The hearing officer's rulings are free from prejudicial error and are hereby affirmed. 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 represent certain em- ployees of the Employer.' 1 At the hearing, International Association of Machinists , AFL-CIO, herein called IAM, intervened on the basis of a card showing of interest. 1.18 NLRB No. 22. CONTROLS COMPANY OF AMERICA 171 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and2 (6) and (7) of the Act. 4. The Petitioner seeks to represent all production and maintenance employees at the Employer's Schiller Park plant, excluding the manufacturing engineers, tool designers, planning coordinators, in- dustrial engineers, estimators, time-study engineers, toolroom em- ployees, office clerical employees, and supervisors. The Employer would exclude, and the Petitioner would include, the assembly super- visors, plating supervisors, inspection supervisors, the heading de- -partment supervisor, the punch press supervisor, the raw stock super- visor, the shipping clerk, the stockroom supervisor, the receiving supervisor, the maintenance supervisor, and timekeepers. The IAM agrees with the unit position of the Petitioner. The Employer, at its Schiller Park plant, manufactures electrical and electromechanical products. It employs approximately 450 em- ployees and operates 3 shifts. The following employees are the only -alleged supervisors in dispute. Assembly supervisors: Of the 6 assembly supervisors 4 work on the day shift under the direction of 2 general assembly foremen, and 2 work on the night shift, reporting directly to the night foreman. The record discloses that each assembly supervisor is in charge of from '30 to 50 employees. Each performs manual work about 50 percent of the time, instructs production workers 25 percent of the time, and assigns work, sets up machines, and expedites work and material the remainder of the time. The direction given by the assembly super- visors is routine and repetitive in nature. They attend foremen's safety meetings but do not attend other supervisors' meetings and enjoy the same vacation and other employee benefits as production 'workers. They are hourly paid at a higher rate than production workers. The record discloses that they may not hire or discharge pro- eduction workers or otherwise affect the status of other employees. However, substantial weight is given to their recommendations with respect to hire, discharge, grievance adjustments, and discipline. In view of the foregoing, and particularly as a finding that the assembly supervisors are not supervisors would result in a ratio of at least 60 employees for each admitted supervisor in the assembly department, we find that they are supervisors and shall exclude them. Plating supervisors : These two individuals spend 85 percent of their time performing manual tasks and the remainder of their time directing the work of subordinates. As the record shows that these employees have the authority to hire, discharge, and discipline subordinates, we shall exclude them as supervisors. 172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Inspection supervisors: The 3 inspection supervisors spend 85 per- cent of their time performing production work and 15 percent of their time directing the work of 6 inspectors. The inspection supervisors do not attend supervisors' meetings, are hourly paid at a rate of 15 cents per hour higher than production workers and receive the same employee benefits as production workers. They may not hire or discharge employees but "strong weight" would be given to their recommendation with respect to hiring, discharge, or adjustment of grievances. We find that they are supervisors and shall exclude them from the Unit .2 The heading department supervisor: This individual spends 95 percent of his time doing manual work. He directs the work of the other employees in the section the remainder of the time. The head- ing department supervisor's recommendation with respect to the hire or discharge of an employee in his department would be given "strong weight." The Employer has granted a wage increase recommended by the heading department supervisor. In these circumstances, we shall exclude him as a supervisor. The punch press supervisor: The punch press supervisor spends 70 percent of his time setting up work for production workers in his de- department. The remainder of his time is spent troubleshooting, expediting material, and assigning tasks to members of the depart- ment. The assignment of tasks consists of reading the shift listing of jobs to be performed and assigning operators to various tasks to be done. When a machine breaks down or a priority has been assigned to a task, the punch press supervisor selects the production worker to perform the job. The punch press supervisor is required to be familiar with the training and skills of members of his shift and to use this knowledge in assigning them to jobs. He receives 25 percent more salary than his subordinates. While he has no authority to hire, discharge, discipline, or adjust grievances of production workers, his recommendations with regard to such matters would be given "strong weight." On the basis of the foregoing, we find that this individual is a supervisor and shall exclude him from the unit. The raw stock supervisor: The raw stock supervisor delivers stock to the prefabrication department. He has three employees working under him and has authority to hire, discharge, and discipline them. We shall exclude him as a supervisor. The shipping clerk: This individual is responsible for shipping finished products. He has authority to hire, discharge, and dis- cipline the three employees in his department. We shall exclude him from the unit. 2 Peninsula Metal Products Corporation, 116 NLRB 452, 454. CONTROLS COMPANY OF AMERICA 173 The stockroom supervisor: This individual is in charge of parts assemblies and supplies. He has authority to hire and discharge the seven employees in his department. We shall also exclude him as a supervisor. Receiving supervisor: This person receives the products which come to the plant. Although he performs manual tasks part of the time, he has authority to hire, discharge, and otherwise affect the status of other employees in the receiving section. We shall, therefore, exclude him as a supervisor. Maintenance supervisor: This employee is in charge of a crew of 12 employees who perform plant maintenance and repair. Although he performs maintenance duties with the other members of the crew, as the record discloses that he may hire subordinates, we shall exclude him as a supervisor. Timekeepers : These employees work in the plant where they check on employee attendance, determine the time required to perform cer- tain tasks, and check the timecards of production workers. Although they are part of the accounting department, they spend all of their time in the plant production areas. They perform no office clerical function. The employer would exclude them as guards or as con- fidential employees who have access to personnel information. As the record contains no evidence that these employees perform plant protection duties, we find that they are not guards. Although they have access to certain payroll information, there is no showing that they assist or act in a confidential capacity to any person who formu- lates, determines, and effectuates policies in the field of labor relations. We therefore, find that they are not confidential employees but plant clerks and shall include them in the unit. We find that the following employees at the Employer's Schiller Park, Illinois, plant, comprise a unit appropriate for the purpose of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees, including timekeepers, but excluding the manufacturing engineers, tool designers, planning coordinators, industrial engineers, estimators, time-study engineers, toolroom employees, office clerical employees, the assembly supervisors, inspection supervisors, the heading department supervisor, the punch press supervisor, plating supervisor, the raw stock supervisor, the shipping clerk, the stockroom supervisor, the receiving supervisor, the maintenance supervisor, and all other supervisors as defined in the Act. [Text of Direction of Election omitted from publication.]