Armour and Co.

122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Armour and Company and United Packinghouse Workers of America, AFL-CIO, Petitioner. Case No. 16-RC-209?. Octo- ber 24,1957 DECISION AND DIRECTION OF ELECTIONS Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before William H. Renkel, Jr., hearing officer. 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 Act, the Board has delegated its powers in connection with this case to a three- member panel [Members Rodgers, Bean, and Jenkins]. 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 organization involved claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks a unit including both office clerical and salaried plant clerical employees. In the alternative, it seeks a sepa- rate unit of office clerical employees; and it would add the salaried plant clerical employees to the production and maintenance unit from which they have been excluded and which Petitioner and its Local 13 now represent. However, the Petitioner wishes to appear on the ballot for any units or groups which the Board may establish. The Employer agrees that a separate office clerical unit is appropriate, but contends that the salaried plant clericals should also be represented separately. In addition, the parties disagree with respect to the unit placement of the unrepresented categories discussed below, all of whom the Employer would exclude and the Petitioner would include. A. Employees sought to be added to the existing production and maintenance unit The Employer is engaged in the slaughtering of livestock and the processing, packing, and sale of meat products at many locations including Oklahoma City, Oklahoma, which is the plant involved in this proceeding. There are approximately 10 unrepresented salaried employees who, the parties agree, are factory or plant clericals rather than office clericals. There are also approximately 10 hourly paid plant clericals included in the existing production and maintenance 119 NLRB No. 22. ARMOUR AND COMPANY :. 123 unit, and not involved in the petition herein. All these plant clericals, both salaried and hourly paid, do clerical work relating to production under the supervision of the production foreman. . The only dif- ference in their work is that the salaried clericals work with the final figures of stockbooks and inventories, whereas the hourly paid cleri- cals work with initial figures. The salaried clericals are promoted from the hourly paid group, but have different benefits only because' they are not covered by the present bargaining contract from which they appear to have been excluded solely because of method of payment. As the Board customarily declines to establish single units includ- iiig both plant and office clericals where the issue is raised by the parties, we shall therefore exclude the salaried plant clericals from the office clerical. unit agreed upon by the parties.' However, as the Petitioner has expressed a desire to add the salaried plant clericals to the existing production and maintenance unit, and because mere difference in method of payment is no basis for excluding such employees from the unit in which they otherwise should appropri- ately be included,' we shall, in addition to establishing a separate unit for office clerical employees, follow our usual policy of according the excluded plant clerical employees the opportunity through an election to express their desire as to whether or not they should be added to the production and maintenance unit, and we shall direct an election in such a voting group.' There remain for consideration the following disputed categories : There are two hourly paid model foodshop clerks who sell the Employer's products to the employees in the company store. One of them, Isell, is in charge of this store. She handles cash collections, balances the daily receipts, takes weekly inventories, and gives orders for stock replacement. She responsibly directs the work performance of Carter, the other clerk, who works regularly every Friday as her helper. Accordingly, we find that Isell is a supervisor and we exclude her from the voting group hereinafter set forth. Carter, Isell's helper, packages meat, takes orders, wraps, and collects cash in Isell's absence. In these circumstances, we find that the part-time model foodshop clerk has interests in common with the other plant cleri- cals.' Although Carter has been employed for only 6 months, she was hired for an indefinite period and the Employer has no plans to terminate her regular part-time employment. We further find that she is a regular part-time employee with a reasonable expectancy of 1 ACF Industries, Incorporated, 115 NLRB 1106, 1109. 2 White Provision Company, 116 NLRB 1552, 1555. 3 ACF Industries, Incorporated, supra; White Provision Company, supra; Rathbun Molding Corporation, 116 NLRB 1002. 4 Sunnyland Packing Company and Sunnyland Poultry Company, 113 NLRB 162, 164. 124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD continued employement.5 Accordingly, we include her in the voting group of plant clericals. The two office janitors perform janitorial work for the office but are hourly paid and are supervised by the foreman of the service department. Unlike the office employees and like the production and maintenance employees, the office janitors have clothes changing time. The weekly paid livestock driver, Unsell, receives and feeds livestock in the plant house pens, and drives a , tractor to pick up dead or crippled animals. The salaried head livestock driver, Schultz, con- tacts the buyers, and determines the buys and their locations; he then distributes drive tickets to the individual livestock drivers and dis- patches them to their destination; in addition he performs some clerical work. As any direction of employees by the head livestock driver is routine in nature, we find that he is not a supervisor but is an employee. Like the other livestock drivers represented in the existing production and maintenance unit, both the livestock driver and the head livestock driver are under the same supervision of the livestock foreman and perform similar work. In these circumstances, we find that the nature of the work performed by the office janitors and by the livestock drivers allies them with the production and main- tenance employees rather than with the office clerical employees. As they have been excluded from the existing production and mainte- nance unit, and as they would otherwise be unrepresented, we believe that they may, if they so desire, be appropriately added to the existing unit. Accordingly, we shall include them in the plant clerical voting group.' B. Categories in issue with respect to placement in the office clerical unit The cost and repair accountant, a "one-man department" under the supervision of the office manager, records expenses and reviews their classification for income tax purposes. In this connection, he helps appraise company properties and determines the life expectancy of equipment. He has no employees under his direction. The departmental accountant in the accounting department pre- pares the salary payroll and paychecks through use of IBM equip- ment. He also audits the figures submitted by the Employer's sales- men and compiles a profit-and-loss statement on their activities. Although the record shows that he assigns to other employees some of the work of securing information as to plan sales results, there is no evidence that such direction is other than routine. 6 Greenberg Mercantile Corp., 112 NLRB 710, 711 ; Personal Products Corporation, 114 NLRB 959, 960. !Rathbun Mold4ng Corporation, supra; The F. C. Russell Company, 114 NLRB 38. ARMOUR AND COMPANY 125 The internal auditor in the accounting department has no employees under his direction and reports directly to the office manager. He audits all departments in the plant, checks the recordkeeping pro- cedures of the clerks throughout the plant, and formulates procedures and controls as to the accuracy of plant weights used for meats. The assistant manager of the timekeeping department, under the direction of the manager, verifies timecards, makes a monthly audit of employee job rates and also determines piece-work earnings and incentive allowances. There are only 2 other employees in the de- partment, 1 of whom is the key punch operator clerk. The assistant manager substitutes for the manager during his absence. There is no contention nor does the record establish that the fore- going accounting employees are professional employees as defined in Section 2 (12) of the Act.' And in the performance of the func- tions usually associated with their classifications, such as those de- tailed above, they do not make policy decisions of such a nature as would constitute them managerial employees a Further, in the ab- sence of evidence that they assist or act in a confidential capacity to any person who formulates, determines, and effectuates management policies in the field of labor relations, their access to such data and to other financial and business data does not make them confidential employees.9 With respect to supervisory authority, the cost and re- pair accountant and the internal auditor have no employees under their direction and the direction of employees by the departmental accountant and by the assistant manager of the timekeeping depart- ment is not shown to be other than routine. Although there is some testimony that these four employees have authority to make effective recommendations, none has been informed that he has such authority and none has exercised this authority except sporadically during the absence of the supervisor.10 In view of all the circumstances, we find that none of the foregoing four accounting employees possesses or exercises the statutory authority of supervisors. Accordingly, we find that they are office clerical employees and include them in the office clerical unit. The assistant manager of the accounting department assists the manager in supervising 10 to 12 clerks, to whom he assigns work and whom he also directs in the performance of their duties. He recom- mends overtime and time off, handles employee complaints, and makes written reports rating employee performance. The assistant manager 7 Arden Farms, et at., 117 NLRB 318; Kieckhefer Container Company, 118 NLRB 950. 8 Eastern Corporation, 116 NLRB 329, 332. O Arden Farms, et at,, supra. 10 Sunnyland Packing Company and Sunnyland Poultry Company , supra, 165. The fact that data obtained by audits or other accounting work may result in the dismissal or disciplinary action against an employee does not constitute the accounting employee who secures such data a supervisor within the meaning of the Act. 126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the auditor of of the disbursements department is in charge of the intercompany purchase journal, and in the performance of his duties assigns work to and directs the clerk-typist and calculating machine operator. Further, he has additional employees under his direction on an emergency basis. The paymaster, a "one-man department" under the supervision of the office manager, audits payrolls, hands out checks, and furnishes payroll information to the office manager. During the seasonal period for 3 or 4 months of the year, his work necessitates the services of an operator who is under his supervision and whose work he directs. In these circumstances, we find that the assistant manager of the accounting department, the assistant manager of the auditor of the disbursements department, and the paymaster responsibly direct at least one or more employees for a substantial period of their working time and that they are therefore supervisors within the meaning of the Act. Accordingly, we exclude them from the office clerical unit. The assistant manager of the insurance, casualty, and safety depart- ment assists the manager in investigating motor vehicle and plant accidents, furnishing information to attorneys, and investigating employees' hospital insurance and sick leave claims. He participates in the first step in grievances arising from such employee claims and settles certain limited claims out of court, He also conducts foremen's meetings on safety. In these circumstances, as the duties of the assist- ant manager of the insurance, casualty, and safety department are closely allied with management functions, we exclude him from the unit as a managerial employee. There are three secretaries or stenographers whom the Employer, contrary to the Petitioner, would exclude as confidential employees. Dorothy Race, secretary to the plant sales manager, handles all his correspondence. The plant sales manager formulates, determines, and effectuates management policies in the field of labor relations with respect to approximately 35 salesmen in the plant herein involved. He has taken an active part in bargaining negotiations. Gertrude Hand and Nita Martin, secretaries to the plant superintendent, perform the usual duties of their classifications. Hand devotes practically all of her time to handling the correspondence of the plant superintendent, and Martin handles correspondence for the plant superintendent and his subordinates, and for the industrial relations manager. The plant superintendent represents the Employer in all labor relations matters involving production and maintenance employees and makes decisions on a local level respecting grievances or interpretations of the con- tract. Both. the industrial relations manager and the superintendent submit to the Chicago office their ideas affecting overall policy on labor relations. Both conduct bargaining negotiations on a local level. ARMOUR AND COMPANY 127 Because these three secretaries assist and act in a confidential capacity to persons who formulate, determine, and effectuate management policies in the field of labor relations, we find that they are confidential and exclude them from the office clerical unit." There are four time-study engineers who make time and motion stud- ies, determine standards of work performance, and set up incentive pay standards. The Employer tries to select employees with college degrees and with training in time-study work. A college graduate receives on-the-job training for 6 months to a year. We find that the time-study engineers are technical employees, whom the Board does not include in an office clerical unit where the issue is raised by the parties. Accordingly, we exclude them from the office clerical unit.'2 We shall direct elections in the following voting group and unit: All salaried plant clerical employees, including the part-time model foodshop clerk, the office janitors, salaried livestock driver, and sal- aried head livestock driver at the Employer's Oklahoma City, Okla- homa, meatpacking plant, but excluding all other employees, the temporary stenographer in the canned meats sales division," guards, the full-time model foodshop clerk, and all supervisors as defined in the Act. If a majority of the employees in the above voting group vote for the Petitioner, they will be taken to have indicated their desire to be included in the production and maintenance unit currently repre- sented by the Petitioner and Local 13. If a majority of the employees in the voting group vote against the Petitioner, they will be taken to have indicated their desire to remain outside the existing produc- tion and maintenance unit. In either 'event, the Regional Director is instructed to issue a certification of the results of election to such effect. We find that the following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act : All office clerical employees of the Employer at its Oklahoma City, Oklahoma, meatpacking plant, including clerks or typists in the ac- counting, claims and bookkeeping, purchasing, transportation, dis- bursements, mail, order-shipping-billing and IBM, timekeeping, and industrial departments; teletype and telephone operators, stenogra- phers in the credit, provision sales, beef sales, refinery sales, and plant sales departments, the office cashier and the livestock cashier, private The B. F. Goodrich Company , 115 NLRB 722, 724-5; Plankinton Packing Connpany (Division of Swift A Co.), 116 NLRB 1225, 1227. 12Plankinton Packing Company (Division of Swift ct Co.), supra, 1226 , 1232-12a4. w Stenographer Gates in the canned meats sales division was told when she was hired that the job was temporary and would last 3 to 4 weeks. At the time of the hearing she had given notice to resign June 1 and no replacement was planned for her . Because her job is temporary , we exclude her from the office clerical unit and the plant clerical voting group. Individual Drinking Cup Company , Inc., 115 NLRB 947, 949. 128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ledger employees, employment department employees,14 the depart- mental accountant and the internal auditor in the accounting depart- ment, the cost and repair accountant, and the assistant manager of the timekeeping department; but excluding employees represented by the Petitioner and Local 13, salaried plant clerical employees, the part- time model foodshop clerk, office janitors, the livestock driver, and the head livestock driver, the temporary stenographer in the canned meats sales division," the full-time model foodshop clerk; secretaries to the office manager, plant manager, plant sales manager, and plant superintendent; time-study engineers, salesmen, the nurse, buyers, confidential employees, professional employees ; the managers of the accounting, claims and bookkeeping, purchasing, transportation, credit, disbursements, shipping and billing and IBM, timekeeping, insurance, casualty, and safety, and the industrial engineering depart- ments; the assistant manager of the insurance, casualty, and safety department, the assistant managers of the industrial engineering, accounting, and auditor of the disbursements departments, the pay- master, guards, and all supervisors as defined in the Act. [Text of Direction of Elections omitted from publication.] u While the record fails to disclose whether the cashiers , private ledger, and employment department employees are confidential , managerial or supervisory , it appears from their categories that they are office clericals , and, accordingly, we include them in the unit despite the agreement of the parties to exclude them . Ohrbach's Inc., 118 NLRB 231, footnote 1. However , because of the absence of evidence with respect to their duties, nothing in this decision shall be deemed to affect the parties' right to challenge any of the above-described categories for such reasons. is See footnote 13, supra. Pennsalt Chemicals Corporation and Chauffeurs, Teamsters Local #236, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America , AFL-CIO, Petitioner Pennsalt Chemicals Corporation , Petitioner and International Association of Machinists, Local Lodge No. 1969, AFL-CIO and International Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America , Local #236, AFL-CIO. Cases Nos. 9-RC-3202 and 9-RM-157. October 24, 1957 DECISION AND DIRECTION OF ELECTION Upon separate petitions duly filed under Section 9 (c) of the Na- tional Labor Relations Act, a consolidated hearing was held before Thomas M. Sheeran, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 119 NLRB No. 4.