F. C. Huyck & Sons

WALDORF INSTRUMENT COMPANY 803 We shall therefore direct an election among the employees in the unit hereinafter found appropriate. 4. The parties agree that a unit of production and maintenance employees is appropriate but disagree as to the unit placement of the shipping clerk, the porter, and a knitter mechanic, whom the Union would include. The shipping clerk receives and ships merchandise and supplies, maintains records related thereto, and spends about 10 percent of his time driving a truck. The porter cleans up the plant and also assists in the shipping department. We find that these employees have interests in common with the employees in the unit, and in accordance with Board policy, we shall include them in the unit.? The Union would exclude the knitter mechanic solely because, un- like other employees in the unit, he is paid on a salary basis. This employee performs the same work as other employees in the unit and receives the same benefits and treatment. As difference in the manner of payment alone is no reason for exclusion" and as the knitter mechanic has interests in common with other employees in the unit, we shall include him. Accordingly, we find that the following employees at the Employ- er's Union City, New Jersey, sweater manufacturing plant, consti- tute an appropriate unit for the purpose of collective bargaining within the meaning of Section 9(b) of the Act: All production and maintenance employees including the shipping clerk, porter, and knitter mechanic but excluding office clerical employees, salesmen, professional employees, guards, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] 7 Jefferson Mills, Division of Kahn and Feldman, Inc., 120 NLRB 385 (shipping clerk) and Gluck Bros., Inc., 119 NLRB 1848 (porter). 8 White Provision Company, 116 NLRB 1552, 1555. Waldorf Instrument Company, Division of F. C. Huyck & Sons and International Union of Electrical Radio and Machine Workers, AFL-CIO, Petitioner. Case No. 2-RC-9356. Decem- ber 31, 1958 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 Milton A. Shaham, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 122 NLRB No. 96. 804 DECISIONS. OF NATIONAL LABOR RELATIONS BOARD 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, Jenkins, and Fanning]. 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 herein claims to represent cer- tain employees of the Employer. 3. A question affecting commerce exists concerning the represen- tation 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 Petitioner seeks to represent a unit of all production and maintenance employees at the Employer's Huntington, New York, plant, excluding office clerical employees, technical employees, guards, professional employees, and supervisors as defined in the Act. The Employer agrees that the unit sought is appropriate, except that the Employer would include in the unit certain employees who the Petitioner contends should be excluded on the grounds that they are supervisors, confidential employees, or technical employees. The Employer advances a general contention that certain, but not all, of the alleged technical employees should be included in the unit because they work closely with the production employees and be- cause of the integrated nature of this Company's manufacturing- engineering processes. We can accord no merit to this contention in view of the record, and shall consider the issues as to such em- ployees in the light of the particular technical qualifications of their job, and generally consistent with the same criteria used in previ- ously decided cases, many of which involved operations. similar to those of the Employer.' Under established Board policy, technical employees are excluded from a production and maintenance unit where any party objects to their inclusion 2 The Employer is engaged in the manufacture of electronic and fluid system aircraft components. The company is divided into two divisions. The electronics division engineers and produces electri- cal, electronic, and electromechanical equipment. The fluid systems. division engineers and produces hydraulic and pneumatic equipment. The issues will be discussed on a basis of each division. Electronics Division The material coordinators schedule work, release purchase requi- sitions, and generally operate to expedite the. engineering phase of the work in production. They maintain a record system of mate- rials which enables them to determine the precise location in the 1 E.g., Copeland Refrigeration Corporation, 118 NLRB 1364 ; Cubic Corporation, 116- NLRB 449. 2 Hancock .Electronics Corp., 116 NLRB 442. WALDORF INSTRUMENT COMPANY 805 plant and the extent of completeness of parts at all times. A sub- stantial portion of their time is spent in liaison work within the plant to provide and insure delivery of parts and materials to par- ticular sections and departments. They report to the administra- tive engineer, who in turn is supervised by the director of engineer- ing. Although they spend almost 50 percent of their time in record work and punch a time clock, they are weekly paid and treated dif- ferently from hourly paid workers with regard to rules on tardi- ness and sick leave. It also appears from the record that the mate- rial coordinators receive a substantially higher rate of pay than the production and maintenance workers. In view of these facts and the entire record, we find the material coordinators to be technical employees and accordingly shall exclude them from the unit .3 One production coordinator, Donald Whiteway, has the primary function of scheduling the work on major assemblies. He also has a liaison function between the production groups and the engineer- ing groups. He prepares parts lists and assures the flow of such parts; expedites delivery of items from outside vendors; and reports to the production manager or the project engineer as to the status of certain assemblies. The record reveals that there is little differ- ence between the production coordinator and the material coordi- nator, except that the material coordinator usually works on a number of different projects, whereas the production coordinator is assigned to one major project. Accordingly, we find the production 'coordinator to be a technical employee and exclude him 4 The junior designer is engaged in designing subassemblies and components, preparing layouts, and checking detailed drawings of dimensions in drafting procedures. In addition to a high school education, a junior designer is required to have either 1,000 hours of drafting school or 4 years of experience. We find the junior designer is a technical employee and exclude him .5 The senior draftsmen must have the ability to complete assembly and subassembly drawings of a complex nature, installation draw- ings schematic, wiring diagrams, and block diagrams. They must also have a knowledge of trigonometry for checking gear centers and geometry for plotting cams. The draftsmen, from a basic de- sign layout provided by a junior or senior designer, must be able to prepare drawings of assembly, subassembly, installation, sche- matic, and wiring diagrams. They must also be able to check gear centers. The draftsmen and senior draftsmen are required to be high school graduates and have 1,000 hours from an accredited draft- ing school or 2 years' experience. The junior draftsmen are required to be high school graduates or possess a certificate from a drafting 8 Copeland Refrigeration Corporation , supra. ' Ibid. z Beloit Eastern Corporation, 119 NLRB 1407 ; Hancock Electronics Corp., supra. 806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD school, indicating at least 500 hours of an approved drafting course- Experience may be substituted for the latter. They work closely with the draftsmen and eventually progress into their positions.. On these facts, we find the senior draftsmen, draftsmen, and junior draftsmen to be technical employees and exclude them from the unit."- We shall similarly exclude the technical illustrator, whose duties. are substantially the same as those of the senior draftsmen. The duties of the senior electronic technician, electronic techni cian, and junior electronic technician are about the same, differing only in degree of skill. They are supervised by the project engi- neers when working on a project and at other times by the labora- tory supervisor. They work out of the electronics laboratory and at times in the production and engineering areas. They use elec-- tronic test equipment to check assemblies. Both the senior electronic technician and the electronic technician work with junior designers: and draftsmen to insure conformity of design and in effecting changes ,developed during production. The electronic technician and the jtAor electronic technician make research models of electronic instruments. All technicians must have a good level of intelligence,, ability to learn, and background experience in circuitry wiring and electronics, even though no particular educational background is: required. In view of the foregoing, we find that the electronic tech- nicians in the three classifications are technical employees and shall exclude them from the unit? The duties of mechanical technicians are similar to those of the electronic technicians. The mechanical technicians are located in the model shop, which is away from the production area, and are supervised by the project engineer while on a project and directed by the working supervisor when not on a project. Their hourly wage rate is higher than that of the production and maintenance employees. We find that the mechanical technicians are technical employees and shall exclude them.8 The test technicians, grades I and II, utilize complex testing de- vices to insure that finished products are operational and all quality standards are met. Test technician grade II is required to be a technical school graduate and have 1 year of experience. Test tech- nician grade I must have 3 to 5 years of experience. They receive a higher hourly rate of pay than do the production and mainte- nance employees. We find they are technical employees and accord- ingly exclude them from the unit.9 6 Westinghouse Air Brake Company, etc., 119 NLRB 1391 ; Beloit Eastern Corporation, supra ; Hancock Electronics Corp., supra. 7 Cubic Corporation, supra.' 8 Ibid. 9 Humble Oil & Refining Company, 115 NLRB 1485.. WALDORF INSTRUMENT COMPANY 807 The engineering clerk makes out reports each month for the ad- ministrative engineer pertaining to the status of each project or- subdivision task. From these reports predictions are made as to, when the job in question will be completed. As the engineering- clerk spends the greater part of his time summarizing production. data, essentially a routine clerical function, we find he is a plant clerical employee and accordingly include him in the unit.10 The clerk in the engineering department, Ann Zino, operates an! Ozalid machine used for reproduction of forms. She is located ini the production room, apart from the office clericals. As the work. of this clerk relates directly to production functions, we find her to- be a plant clerical and include her.11 The clerk typists, one each in the engineering and production, departments, perform typing on production reports, production, schedules, and status reports of various jobs. Their clerical func- tions, which include filing, are essentially the same. Neither one. takes dictation. The Petitioner contends that the clerk typist in^ engineering is a guard and should be excluded for that reason.. While she is engaged in her typing duties, she has the concurrent task of checking and barring the entrance into her area of any unauthorized person. The employees who have a right to be in^ the area wear a badge signifying that right. This clerk is not al lowed to leave her work station without having obtained someone. to relieve her. The Board has held, for example, that the authority to issue passes and badges only to authorized personnel does not constitute an employee a guard.12 As we find this clerk typist does. not enforce rules for the protection of the Employer's property, or- the safety of persons on the premises, we conclude that she is not a. guard within the meaning of the Act. As the work of the clerk typists relates directly to the functions of production, we find they are plant clericals and include them in the unit.13 The working foreman, who is hourly paid, and supervised by the production manager, spends from 70 to 80 percent of his time physi- cally working as an assembler of electro-mechanical units. The re- mainder of his time he spends directing the work of assemblers who, have completed their work on assigned projects and are awaiting a, new assignment. When the assemblers as well as the working fore- man are working on a project, they are under the supervision of the. project engineer. During the interim periods between project as-- signments, they work on "standard items," and the working foremam does essentially the same work as do the assemblers, except that he. 10 The Woodstock Manufacturing Co., Inc., 116 NLRB 389. 11 Welea Jet Services, Inc., 119 NLRB 489. 12 Caterpillar Tractor Company , 109 NLRB 871; Livonia Plant of Automatic Trans-- mission Division, Ford Motor Company, 116 NLRB 1995. 13 Weleco Jet Services, Inc., supra. 808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD exercises a higher degree of skill. On these "standard items," he may instruct the assemblers in the methods to be used and sees to it that the work is carried out successfully. If he has no work for the assemblers, he reports this fact to the production manager. This working foreman has no power to hire or discharge employees, nor effectively recommend such action. However, he does make recom- mendations to the production manager, evaluating the quality of work done by the assemblers and makes recommendations as to their proper classification based on degree of skill. Normally, there are not more than one or two assemblers under the direction of the working foreman at any particular time. The working foreman wears a gold badge with the word "supervisor" printed across it and also has a timecard in a separate rack reserved for supervisors. In view of the foregoing, we find that the working foreman re- sponsibly directs employees and therefore is a supervisor within the meaning of the Act.14 Accordingly, we exclude him from the unit. We shall similarly exclude the working supervisor, as the parties stipulate and the record shows that he has the same duties and powers as the working foreman in respect to his direction of seven technicians. We shall not make any unit determination with respect to the wireman prototype, as the Employer does not have any employees in this classification at the present time and the record does not indicate that it contemplates hiring such employees in the immedi- ate future.15 Fluid Systems Division The shop controllers, who work in a separately managed material control section, regulate the flow of material into production to meet the requirements of production schedules. They collect and break down manufacturing, production, and procurement data to aid in establishing schedules of production to assure that production dead- lines are met. They can effectively recommend the transfer of jobs from one production department to another, and otherwise exercise independent judgment in expediting production. We find they are technical employees and shall therefore exclude them from the unit.16 The designer, Robert Smith, has a separate work station in the engineering department and is supervised by the direction of engi- neering. He designs prototypes to put into production in small quantities and follows his work into the production area to see that his design is carried out properly. We find, in view of the technical 14 Harvill Corporation, 116 NLRB 1549. 15 Hamilton Watch Company, 118 NLRB 591. 16 Copeland Refrigeration Corporation, Supra. WALDORF INSTRUMENT COMPANY 809 nature of this designer's work, that he is a technical employee and accordingly exclude him from the unit.17 Alan Morton, a production inspector, is in the metallurgical section of the inspection department. He is required to certify that ordered material conforms with the metallurgical requirements established by the customer on its blueprint, and sees that the papers are notarized confirming that specifications have been met. He must also see to it that the proper type and amount of plating have been applied to a job or job unit by outside plating services. He uses various electrical and electronic testing devices for checking fractures or flaws in the metal he inspects. He must be able to read X-ray pictures, but is supplied with standards as to what is acceptable. He has a separate work station, but is in the produc- tion area about 20 percent of his time. He is hourly paid. While he is familiar with certain chemical symbols, he is not required to have any particular academic training in chemistry. There was uncontradicted testimony to the effect that less judgment is allowed this particular production inspector in the metallurgical section than is allowed the average production inspector. We find that Alan Morton's functions have no higher technical character than that of the other production inspectors, who are admittedly pro- duction employees. We shall therefore include him in the unit.18 The clerk scheduling works in the material controls section of the manufacturing department and is supervised by the material con- trols superintendent. She puts scheduling dates, which she derives from a formula, onto shop work orders. Her work is accomplished in a routine manner and requires the use of simple mathematics only. The data she computes is used in factory operations. She is physically located in a corridor housing the material control section, which is adjacent to the manufacturing setup. As this clerk is located apart from the office clericals, and her work relates directly to production functions, we find she is a plant clerical and accordingly shall include her in the unit.19 The employee classified as expediter functions to transport mate- rial within the plant from one section or department to another. In effect, he is an inside trucker. He is supervised by the material control superintendent but is subject to the authority of various foremen in the plant who may order him to transport material. We find he is a production employee and properly included in the unit. The shop release clerk maintains a card system for purposes of inventory control. She also writes up release cards to the stock clerk, who issues the material to the manufacturing department. 17 Wm. R. Whittaker Co., Ltd., 117 NLRB 339 at 344 ; Cubic Corporation, supra. is Metal Products Corporation, 107 NLRB 94. 10 Welem Jet Services, Inc., supra. 810 DECISIONS OF NATIONAL LABOR RELATIONS BOARD All her duties are clerical in nature. This clerk is located in the material control section and is supervised by the material control superintendent. We find, contrary to the Petitioner, she is a plant clerical, and shall include her in the unit. The duties of the clerk typist in the manufacturing-engineering section are to type up operation sheets and written tool requests and deliver them to specified departments and sections. As this clerk typist is located apart from the office clericals and her work relates directly to production functions, we find that she is a plant clerical and shall include her in the unit. The secretary in engineering is the only clerical employee in the engineering department and is supervised by the director of engi- neering. She types up bills of material that are routed through the factory, specifying the components required in the production of a particular product. As her work is primarily of a clerical nature, intimately related to the production process, we find her to be a plant clerical and therefore include her in the unit. The blueprint control clerk maintains a file of blueprints and releases them to authorized persons. Her functions are clerical and since they are intimately related to the production process, we find her to be a plant clerical.20 As the record fails to show that the blueprint control clerk assists or acts in a confidential capacity to officials who formulate, determine, and effectuate management policies in the field of labor relations, we find she is not a confiden- tial employee,21 as further alleged by the Petitioner, and shall include her in the unit. The secretary in the inspection department types inspection re- ports and assists in the preparation of shipping papers. She also types and files letters for the chief inspector. She is the only clerical in the inspection section and is supervised by the chief -inspector. The record does not show that this employee assists and acts in a confidential capacity to officials who formulate, determine, and effectuate management policies in the field of labor relations. Accordingly, we find she is not a confidential employee,22 as alleged 'by the Petitioner, but is rather a plant clerical. We shall therefore include her in the unit. The chief shipping clerk, alleged by Petitioner to be a super- visor, has no authority to hire or fire or effectively recommend such -action. He is hourly paid and his duties are substantially the same as those of the shipping clerk, except that the former will 'handle heavier materials and contacts outside truckers. The ship- ping clerk may at times seek the advice of the chief shipping clerk. 'The material control superintendent is located some 75 or 100 feet 20 Solar Aircraft Company, 116 NLRB 200. 21 Westinghouse Air Brake Company, etc., supra. 22 Ibid. WALDORF INSTRUMENT COMPANY 811 from the shipping and receiving section and the record indicates that he supervises the shipping and receiving section. In view of the foregoing, we conclude that the chief shipping clerk does not possess any of the indicia of supervisory authority. Accordingly, we shall include him in the unit 23 Alfred Lasda, who has the title of leadman, functions essentially as 'a machine tool operator. He does not have authority to effec- tively recommend hiring, firing, or promotion of other employees. Although when working as a leadman on the second shift, he is expected to assist, instruct and give technical guidance to less experienced operators, this is insufficient, we find, to constitute responsible direction within the Act's supervisory definition. How- ever, at the time of the hearing, Lasda was working on the day shift as machine operator. Prior to January 6, 1958, Lasda was admittedly a supervisor, but the record shows that such authority has since been removed. However, he continues to receive his old supervisory hourly rate of pay, which is higher than the normal hourly rate given to leadmen. We find he does not meet the statutory test of supervisor and, accordingly, include him in the unit 24 The leadman in the maintenance section, Olof Ericsson, is a senior mechanical maintenance man. The maintenance section has five persons working therein, plus the leadman; all report to the plant superintendent. The leadman wears a supervisor's badge and at one time was a supervisor. The record, however, does not show any authority on the part of this leadman to effectively recommend hiring, 'firing, or promotion. Nor does the record show that he responsibly directs the work of other employees. Accordingly, we find he is not a supervisor and include him in the unit. The setup leadman, Arnold Eisman, sets up jobs and gives tech= nical instructions to certain machine operators. When the work- load lightens, he sets up and runs his own jobs. For the past 6 months he has spent 99 percent of his time operating his own machine. While there is some indication in the record that he may have at one time been a supervisor, he has no supervisory authority at present. Accordingly, we shall include him in the unit. Herbert Luning operates the swiss screw machine. There was testimony to the effect that Luning was formerly a supervisor. However, the record shows that at the present time he works alone. As it is clear that he has no supervisory authority, we shall include him. Accordingly, we find that the following employees constitute a unit appropriate for the purposes of collective bargaining within 23 Apex Tire & Rubber Co., 117 NLRB 559. 24 United States Gyp8um Company, 118 NLRB 20. 812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the meaning of Section 9 (b) of the Act : All production and main- tenance employees at the Employer's Huntington, New York, plant, including the shipping clerks, stock clerks, storekeepers,; stock crib attendants, toolmaker, assembler technicians, testers, and including in the electronics division, the engineering clerk, the clerk in. the engineering department, the clerk typist in the production & part- ment, the clerk typist in the engineering department, and including in the fluid` systems division, the clerk scheduling , the expediter, the shop release clerk, the chief shipping clerk, the blueprint con- trol clerk,, the clerk typist in the manufacturing- engineering. sec- tion, the secretary in the inspection department, the secretary in engineering, the production inspector, Alan Morton, production inspectors, the leadmen, Olof Ericsson, and Alfred Lasda, the setup leadmen Arnold Eisman, the screw machine operator, Herbert Luring, working leadmen, and setup working leadmen, but exclud- ing in the electronics division, the material coordinators, the pro- duction coordinators, the working foremen, the working supervisor, the junior designers, the senior draftsmen, the draftsmen, the junior draftsmen,'the technical illustrator, the senior electronic technicians,, electronic technicians, junior electronic technicians, mechanical tech- nicians, senior test technicians, test technicians grade I, test tech- nicians grade II, engineers, employees of the sales and administra- tive departments, and excluding in the fluid systems division, the shop controllers, the designer, Robert Smith , designers, estimators, methodsmen, draftsmen in engineering, design engineer, specifica- tions reviewer, employees of the sales, accounting, customer services, personnel tied purchasing departments, and all office clerical em- ployees ° technical employees, professional employees, watchmen, guards, section heads, working foremen, and supervisors as defined in the Act. [Test of Direction of Election omitted from publication.] Harry F. Shuey and Marion M. Shuey, d/b/a Oakwood Tool and- Engineering Company and Marvin W. Wahier, Petitioner and International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, Local;' No. 888, UAW, AFL-CIO, successor to Miami Valley Tool and Die Workers Guild (Independent). Case No. 9-RD B01. Decem- ber 31, 1958 =DECISION AND DIRECTION OF ELECTION Upon 'a decertification petition duly filed under Section 8 (c) of the National Labor Relations, Act, a hearing 'was held before 122 NLRB No. 98.