Northern Chemical Industries, Inc.

NORTHERN CHEMICAL INDUSTRIES, INC. 77 right may be affected by an agreement requiring membership in a labor organization as a condition of employment, as authorized in Section 8(a)(3) of the Act. WE WILL offer to James Adair, Louis Valentino, John Maio, and Charles Gallagher immediate and full reinstatement to their former or substantially equivalent positions without prejudice to their seniority or other rights and privileges previously enjoyed , and make them whole for any loss of pay suffered as a result of the discrimination against them. All of our employees are free to become, remain, or to refrain from becoming or remaining, members in good standing in the above-named Union or any other labor organization, except to the extent that this right may be affected by an agreement in conformity with Section 8 (a) (3) of the Act. TABULATING CARD COMPANY, INCORPORATED, Employer. Dated------ ------------- By------------------------------------------- (Representative) (Title) This notice must remain posted for 60 days from the date hereof , and must not be altered, defaced, or covered by any other material. Northern Chemical Industries, Inc., The Summers Fertilizer Company, Inc. and Local 650, International Chemical Workers Union, AFL-CIO, Petitioner. Case No. 1-RC-5031. March 6, 1959 DECISION CLARIFYING CERTIFICATION OF REPRESENTATIVES On June 13, 1958, following a Board-directed election,'- the Regional Director for the First Region certified the Petitioner as bargaining representative of employees in the appropriate unit. Thereafter, on September 22, 1958, the Petitioner filed a motion for clarification of the bargaining unit with respect to certain job classifications. On November 17, 1958, the Board remanded the proceeding to the Regional Director for the purpose of conducting a hearing on the issues raised in the Petitioner's motion. On December 18 and 19, 1958, in accordance with the above order, a hearing was held before Thomas E. McDonald, 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 National Labor Relations Act, the Board has delegated its powers herein to a three-member panel [Members Rodgers, Bean, and Fanning]. Upon the basis of the evidence adduced at the hearing and on the entire record in this case , the Board finds: The Employer, contrary to the Petitioner, contends that the indi- viduals in the following nine classifications are supervisors and are excluded from the unit. i Unpublished. 123 NLRB No. 4. 78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Summers Fertilizer Company, Inc. Leadman: Since June 5, 1958, the Employer has redesignated this classification as foreman. There are presently three individuals having this job title. During the months of June through October, Summers' slack period, these leadmen or foremen do production work on a single shift. However, during the remainder of the year they are each in charge of a shift and responsibly direct from 15 to 20 employees. They assign work to their subordinates and can transfer them from job to job. They attend meetings of supervisors. We find that the leadmen are supervisors and are excluded from the unit. Northern Chemical Industries, Inc. Pipefitter leadman: Since June 5, 1958, this classification has been designated as pipefitter foreman. The individual. holding this job responsibly directs the work of the 10 to 15 pipefitters in the pipefitting department. He exercises independent judgment in assigning jobs to his subordinates and is responsible for all pipe- fitting at the plant. He has the authority to discipline and has in several instances effectively recommended promotions for subor- dinates. He also has authority effectively to recommend discharge. We find that the pipefitter leadman is a supervisor and is excluded from the unit. Assistant master mechanic : This man regularly and responsibly assigns and directs the work of the mechanical department com- prising about 30 employees. He is responsible for, and uses judgment in, laying out all mechanical work at the plant. His subordinates include millwrights, laborers, machinists, welders, and mechanics. The uncontradicted testimony of his immediate super- visor, the master mechanic, is that he has the authority to discipline his subordinates and effectively to recommend discharge and promo- tion. We find that the assistant master mechanic is a supervisor and is excluded from the unit. Electrical leadman: Since June 5, 1958, this classification has been changed to electrical foreman. In addition to an admitted supervisor, the electrical department consists of four men including the electrical leadman. The Employer thus contends that the de- partment has two supervisors for three rank-and-file employees, a disproportionate ratio. The leadman receives work orders, principally from the depart- ment supervisor, and directs the other three employees who act as his helpers in accomplishing them. Aside from the leadman, who has had over 40 years' experience, there are no first-class electricians NORTHERN CHEMICAL INDUSTRIES, INC. 79 in the department. Such direction or judgment as the leadman exercises is that usually exercised by an experienced mechanic with respect to less skilled helpers. We find that the relationship of the leadman to the other em- ployees in the department is not supervisory within the Act's defi- nition and deem him included in the unit.2 Instrument leadman : This classification has been designated as instrument foreman since June 5, 1958 . The instrument department is supervised by an instrument supervisor . The instrument lead- man spends 80 to 90 percent of his time working with his tools. He relays orders from the instrument supervisor and looks after the work in the department. He does not have the authority effectively to recommend hire or discharge or to enforce discipline. It appears that the leadman recommended the promotion of one instrument man on the basis of craft proficiency . However, it further appears that the leadman does not regularly have or exercise authority effectively to recommend promotions. The leadman lays out work for other instrument men, but such judgment and direc- tion as he exercises is of the kind exercised by an experienced mechanic. The instrument men normally look to the department supervisor for work assignments and the resolution of problems arising from their work . The leadman acts as department super- visor when the department supervisor is on vacation . We find that the instrument leadman is not a supervisor and is included in the unit. Powerhouse leadman: This classification has been changed to assistant engineer. It appears that this individual acts as assistant to the chief engineer, who is in charge of the powerhouse. The powerhouse department consists of 15 men, including 4 watch engineers and the powerhouse leadman. A watch engineer is in charge of each powerhouse shift of three men. The powerhouse leadman assisted by a fireman and an engineer's helper spends a considerable portion of his time as a mechanic in the maintenance of the powerhouse. In addition, he trains new powerhouse employ- ees and gives safety instructions to the powerhouse employees. The leadman relays orders from the chief engineer to the watch engineers and from time to time acts as a watch engineer when one of them is absent. The leadman does not have authority to discipline, or effectively to recommend personnel changes. On occasions when the chief engineer is absent from the plant his duties are assumed by the leadman. In emergency situations the leadman can call powerhouse employees to the plant and authorize overtime. However, it does not appear that the leadman regularly 2 United States Gypsum Company , 118 NLRB 20, 29. 80 DECISIONS OF NATIONAL LABOR RELATIONS. BOARD and responsibly directs the work of powerhouse employees. Whatever supervisory authority he exercises is of a sporadic and irregular nature, insufficient to constitute him a supervisor within the mean- ing of the Act.3 Accordingly, Nye find that the powerhouse leadman is not a supervisor and is included in the unit. Shipping leadman: This classification has been redesignated ship- ping and bagging foreman. The shipping leadman regularly and responsibly directs the work of 25 to 35 men, including 2 or 3 shift leadmen. He is in charge of the bagging and shipping of superphosphate and exercises independent judgment in carrying out his duties. He assigns work and has the authority effectively to recommend personnel changes. We deem the shipping foreman excluded from the unit as a supervisor. Superphosphate leadman: The classification of Otto Wellman, whose supervisory status is in dispute, has been changed from superphosphate leadman to superphosphate plant foreman. The parties do not dispute the nonsupervisory status of the three remain- ing leadmen. Wellman works with a shift in the manufacture of superphosphate. He relays orders from the general foreman to the leadmen. Welhnan's work involves checking the machinery and watching the process. He does not originate orders and does not exercise independent judgment in connection with the work. Wellman and the three leadmen work on rotating shifts. A job description prepared by the Employer states that the superphosphate leadman has the authority effectively to recommend personnel changes. However, it does not appear that Wellman was apprised of, or exercised, such authority prior to the hearing. During the 2 months that production is slack Wellman directs a plant cleanup crew, but such direction as he exercises is at this time of a routine nature not requiring the exercise of independent judgment. We find that Wellman, either as superphosphate leadman, or superphos- phate plant foreman, is not a supervisor and is included in the unit. Senior store cleric: The senior store clerk works with four junior store clerks in five warehouses under the supervision of the head storekeeper. The senior store clerk makes out requisitions, oversees the receipt of materials and keeps records. During the infrequent absences of the head storekeeper the senior store clerk assumes his duties. The head storekeeper testified that the senior store clerk had the authority effectively to recommend personnel changes and enforce discipline. However, it does not appear that the senior store clerk has ever been advised of, or exercised such authority. The senior store clerk directs the work of the junior clerks on the orders of the head storekeeper and from time to time on his own. 3 United States Gypsum Company, 116 NLRB 1771, 1773. NORTHERN CHEMICAL INDUSTRIES, INC. 81 However, such direction is of a routine nature not requiring inde- pendent judgment. Directions requiring independent judgment originate with the head storekeeper or higher supervisory authority. At least 50 percent of the senior store clerk's time is devoted to physical work, including the driving and unloading of trucks. . If the senior store clerk is assumed to be a supervisor, the super- visor to employee ratio would be a disproportionate two to four. We find that the senior store clerk is not a supervisor and is included in the unit. In view of the foregoing, we shall amend our certification of representatives with respect to the employees included in the unit by specifically excluding the individuals in the classifications listed in Appendix A attached hereto and specifically including in the unit the employees in the classifications set forth in Appendix B. [The Board amended the certification of representatives issued to Local 650, International Chemical Workers Union, AFL-CIO, in Case No. 1-RC-5031 to exclude specifically the individuals in the classifications set forth in Appendix A and to include specifically the employees in the classifications listed in Appendix B attached hereto.] APPENDIX A EXCLUDED CLASSIFICATIONS The Summers Fertilizer Company, Inc. 1. Leadmen ( foremen) Northern Chemical Industries, Inc. 1. Pipefitter leadman ( pipefitting foreman) 2. Assistant master mechanic 3. Shipping leadman (shipping and bagging foreman) APPENDIX B INCLUDED CLASSIFICATIONS Northern Chemical Industries, Inc. 1. Electrical leadman (electrical foreman) 2. Instrument leadman (instrument department foreman) 3. Powerhouse leadman (assistant engineer) 4. Superphosphate leadman (superphosphate plant foreman) 5. Senior store clerk 508889 -60-vol. 123-7