Fisher Controls Co.

514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Fisher Controls Company and United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Petitioner. Case 18-RC-8493 August 4, 1971 DECISION AND DIRECTION OF ELECTIONS BY CHAIRMAN MILLER AND MEMBERS JENKINS AND KENNEDY Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer William L. Schmidt. Following the hearing and pursuant to Section 102.67 of the National Labor Relations Board Rules and Regulations, Series 8, as amended, the Regional Director for Region 18 issued an Order transferring the case to the Board for decision. Subsequent to the hearing, the Employer and the Petitioner filed briefs with the Board.' Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel. The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They 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 and it will effectuate the purposes of the Act to assertjurisdiction herein. 2. The Petitioner is a labor organization within the meaning of Section 2(5) of the Act. 3. A question affecting commerce exists concern- ing the representation 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, which represents the Employer's 1 The Employer has requested oral argument . This request is hereby denied because the record and the briefs adequately present the issues and the positions of the parties. 2 The Employer moved to dismiss the petition on the grounds: (1) the unit sought in the petition is inappropriate because it would include office and plant clerical employees; (2) the Employer was denied due process because the Petitioner allegedly refused to state its position on specific unit inclusions and exclusions other than to agree to stipulations on plant associated personnel, supervisors, and confidential and managerial employees. We find no merit in the motion and hereby deny it. As to (1) a petition is not a pleading and therefore the fact that the Board does not find appropriate a unit in the exact form requested in the petition does not justify dismissing the petition. As to (2) during the course of the extensive hearing the Petitioner made its position absolutely clear with respect to unit inclusions and exclusions and the Employer had ample opportunity to become aware of and to meet the issues involved in the Petitioner's unit request. E The departments located in this building are as follows: advertising and exhibits, education center, market planning, order wnte-up, ACE documentation, design engineering, printing, research, general accounting, product cost accounting, specialty pricing and billing, parts pricing and production and maintenance employees, seeks to represent a single unit of office and plant clerical employees at the Employer's Marshalltown, Iowa, facilities, excluding technical employees, summer student employees, and traditional statutory exclu- sions. In the alternative, the Petitioner is willing to proceed with elections in whatever unit or units the Board deems appropriate. The Employer contends that all office clerical employees should be in one unit, that plant clerical employees should be permitted to vote separately as to whether they desire to be included in a broader unit, that technical employees should be included in the same unit with the clerical employees with whom they are associated, and that summer student employees should also be included? The Employer is engaged at Marshalltown, Iowa, in the manufacture of automatic valves, regulators, and controllers for controlling fluids, gases, and other related processes. The Marshalltown facilities consist of a main office building on Center Street, a plant-and office building, also on Center Street, which is connected by a tunnel with the main office building, and a machining plant and offices on Governor Road. The main office building has three floors .$ The clerical employees in this building generally work the same hours and have substantially the same working conditions. They do not interchange with employees at other locations in the Employer's operation.4 They are separately supervised and perform the kind of work usually performed by employees classified by the Board as office clericals. We find that the clericals in the main office building are office clerical employ- ees. As noted, supra, some clerical employees work in offices located in the machining plant and factory.5 The record shows that the clericals employed at these locations perform functions closely allied to the production processes or to the daily operations of the production facilities at which they work. The hours of work for many of them are generally tied to those of billing, export order processing, financial planning and budget, office service, mail department, file department, stenographic pool, microfilm, communications, credit payroll, and data processing. The classifications of employees working in these departments are listed in Appendix A, attached. Some employees in the above-named departments are technical employees, discussed infra Their location and job classifications are also listed in Appendix 4. 4 The record does show that numerous permanent transfers do occur, but there is no contention that employees temporarily interchange among departments in the different buildings. 5 The offices located in the machining plant at Governor Road are as follows: receiving and shipping, quality control, maintenance, machining manufacturing, tool engineering, purchasing, manufacturing equipment engineering, manufacturing control, toolcrib, industrial engineering, facilities engineering, and employee relations. Those located in the factory at Center Street are as follows : shipping, quality control, finished stores, receiving, reserve stock, assembly and stores, purchasing, inventory control, customer service, traffic, gas regulator, industrial engineering, facilities engineering, advertising and exhibits, and electronics . The classifications of employees working in these departments are listed in Appendix B. attached. 192 NLRB No. 66 FISHER CONTROLS"CO. the production shifts on which they serve; and their daily contacts are with plant personnel. None of, them interchange with the clerical employees employed in the -general office building although -there have been several instances of permanent transfers The parties have stipulated that at . least some of the clerical employees inthe factory buildings are plant clericals. Absentgagreement of the parties, the Board does not join office and-plant clerical employees in•a single unit.? We perceive no reason for departing from that rule in the instant case. Contrary to the Petitioner's primary position, we find, therefore,, that a unit containing both office and plant ' clericals is not appropriate., However, we find that a unit limited to office clerical employees is appropriate. Petitioner's -alternative' willingness to accept the requested plant clericals on any other basis we may deem appropriate presents no problem because the group of plant clericals whom the Petitioner„ seeks, is composed, in the main, of employees assigned to operations which contain the production and mainte- nance employees . whom Petitioner currently -repre- sents. Where, as here, plant clericals are sought to be represented by a -union -which enjoys , recognized status-as the representative, of production and maintenance employees;8 the Board has made a practical judgment that the interests of all concerned would best , be served -byadding related-plant clericals to the established unit of production and maintenance employees if they desire to be represented by the same union.9 We shall, accordingly, establish a voting group composed of, and limited to, all plant clerical employees. If a majority of the employees in this voting group selects Petitioner, we shall require Petitioner to represent this group as part of its established unit of production and maintenance employees. We turn now to determine which employees are to be included in or excluded from the unit or the voting group described herein. The Employer and Petitioner agreed that clerical employees who work in certain departments, marked by an asterisk after the name of the department'listed in Appendix B, attached, were plant clerical employ- ees because they perform clerical functions on the shop floor and in near proximity to and in association with the production and maintenance employees. The record-shows that the remaining clericals in factory buildings work' in, close association with the conceded plant clerical employees. They have little personal contact with employees who work in the main office 6 See fn. 4, supra. 7 See, eg., The Rudolph Wurfitzer Company, 117 NLRB 6; V'ulcanized' Rubber and Plastics ,=Company, Inc, 129 NLRB 1256; Weyerhaeuser Company, 173 NLRB -1170.' 8 Swift & Company, 119 NLRB 1556; Robbins & Myers, Inc., 144 NLRB 295, 299; The Armstrong Rubber Company, Pacific Coast Division, 144 5115 building, and are subject to=-different supervision. Accordingly, we find thatall clerical employees. who work in the offices ( in-, the- machining, plant on Governor Road,and,the Center, Street-factory; and listed- in Appendix B, attached, 'are plant'. clerical employees. We shall4iriclude,theitinthe-plant€leril voting group.', Teehnicdl -employees. ,Petitioner would exclude as technicals and the Employer would include the following- categories° -of" employees:--,-designers and layout men-in facilities engineering;- assistant=drafts- men, senior -draftsmen ^ draftsmen,, and,,designers in design -engineering;, assiitait`draftsmen, draftsmen, technicians, senior r ,technicians;, ,electronics. engineer- ing associates innelectronics; applicator analysts; work measurement analysts, and senior w.or'k measurement analysts- in` industrial,-engineering,`; order,-detailer -trainees;" order detailers grades A and -and.: order detailer complex : in order write-up; and assistant technicians, technicians, senora technicians, and research associatesyin research. The record shows that employees` in the, above=named job classifications perform work which requires both extensive'tecbnical training and knowledge and the exercise of, independ- ent judgment. They are paid-salaries which are at the top of the grade cafe, and-their,work is `uillike that of any of the other employees whom Petitioner seeks to represent.. , . <<x „ We find that the foregoing disputed classifications are technical and have a community of interest apart from that of the clerical classifications. We shall exclude them from the office clerical unit and plant clerical voting group." - Students: The Petitioner would exclude summer student employees. The Employer---would include them. Students are hired to fill in during the summer months " for employees who are, vacationing or to perform job that occur primarily in the summertime. They receivL wages comparable to those paid to full- time emplo ees, but, they,, do not enjoy Callxthe fringe benefits of such employees. The record shows that no summer;astudent, has any definite commitment to be rehired 'during -the succeeding wmrs. In accord- ance with our, usual'policy,-wef^indtTiatthe, summer students are temporary employees and we shall exclude them.12 Conclusion In,accord with all the foregoing findings,,'weshall NLRB, 1115,. 1119; Swift & Company, 131 NLRB 1143; Weyerhaeuser Company,,supib:" - 9 See cases cited, supra, In. 8. 11 Weyerhaeuser Company, supra, 11 The Sheffield Corporation, 134 NLRB 1101. 12 Pacific Tile and Porcelain Company, 137 NLRB 1358, 1365. 516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD direct that separate elections beheld in each of the following groups of employees: 1. All full-time and regular part-time office cleri- cal employees listed in Appendix A, attached, employed in the general office building at the Employer's- Marshalltown„ Iowa,, location, excluding summer students, technical employees, professional employees, guards, and supervisors as defined in the Act. )11 2. All full-time and regularrpart-time-plant,clerical employees listed in Appendix: B, attached, employed at the Employer's,Center Street factory and Governor Road plant located in Marshalltown, Iowa, excluding summer students; , technical employees, confidential employees, 3 professional employees, guards, ;and supervisorsas-defined, in the Act. Our use of the term "unit" in our Direction E of Elections below refers to the office, clerical employees described is group` 1, above, who, we have- found, is The parties agreed that the following: employees in the 'employee relations department are -confidential employees and should be excluded: employee records clerk, employment receptionist, personnel assistant, personnel service coordinator, secretary reports and records clerk,, and tool activities clerk. 14 As the Petitioner's.original"showing of interest was for a unit different from either the unit or the voting ,group in which elections are being directed, the Direction of' Elections is subject to an administrative determination by the Regional Director for -Region 18 of Petitioner's interestin each of ,these-two groups of employees. is In order to assure that all eligible voters may have the opportunity to be informed of the issues in the exercise of their statutory right to vote, all constitute ,any unit appropriate ,for, the purposes of collective bargaining , within- the meaning of Section 9(b) of the Act. Our use of -the. term "voting group" in the Direction of Elections refers to .,the plant clerical employees -described in group 2, above, who, we have found; may be appropriately represented by Petitioner as,p'art of the unit-of production''andimiaintenance "employees whom the Petitioner currently represents. According- ly,` in the event,a majority of the employees in this voting group vote for Petitioner, they shall be added to the unit of production and maintenance employees now represented, by Petitioner„If a majority, of valid ballots are cast against representation, they, will remain ,unrepresented .,, In any event, a proper certifi- cation willbe issued. -'[DIRECTION .OF ELECTIONS 1415 omitted from publication] parties to the elections should have access to a list of voters and their addresses which may be used to communicate with `them. Excelsior Underwear Inc., 156 NLRB 1236; N.L F-B. v. Wyman-Gordon Co., 394 U.S. 759. Accordingly, it is hereby,, directed that an election eligibility list, containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for kegion 18within 7 days'of the-date of this Decision and Direction oft Elections . The Regional Director shall -make the list available to all parties to the election . No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances. Failure to comply with .ihis'requiremen€shall be grounds for setting aside the elections whenever,proper objections are filed. 'APPENDIX A OFF ICE CLERICAL Included Off ice Clerk Advertising ' & Exhibits-410 Education Center-420 Training` Class ` Leader ^'-'-- Marketl*irks Market Planning-430 Marketing Research Trainee Order Write-uv-44G Assignment Clerk- Order Entry Changer Order -Clark Order Typist Reproduction Machine Operators AC2, Documentation-462 Office Clerk - MT/SC Input Clerk Excluded Order Detailer Trainee_ ,Order Detailer A:. Order Detwiler B Order Detailer Complex Layout; Artist. _ Technical illustrator FISHER CONTROLS CO. Included Design Engineering-611 Customer Print Clerk, Print Markers Clerk Typists E M Applicator Planner E M Applicators Assigner , Part Number Office Clerk Print Distribution Clerk Department Clerks Printing-615 Darkroom Assistant Darkroom Technician Reproduction Service Clerk File Clerks File Clerk, Assignment Laboratory Assistant " Multilith Machine Operator Xerox Machine Operator Printing Machine Operator Typist Technical Clerk Research-701 Exclu ^ gd Draftsmen Assistant Draftsmen Senior DraftSieii Designers 517 Assistant ,Technicians Research Associates Senior Technicians Technicians Office Vice President of Marketing-804 Receptionist Policy Consultant-907 Assignment Clerk-Parts Pricing General Accounting-920 Accounts Payable Clerks Assignment Clerk Assignment Clerk Accounts_,., Clerk Typist-Accounts Payable Accounts Clerks product Cost Account in =930 Budget Analyst Clerk Cost Accounting Clerks Cost Clerks Cost Clerks-Specialty 'and Parts Cost Estimating Analysts B Cost Estimating Analyst Cost Estimating Clerk 518 DECISIONS OF NATIONALt LABOR .RELATIONS BOARD Inc laded,,- °, Exc ^ lu ded Specialty Pricing and Billing Assignment Clerk-Specialty Billing Billing'erk=Specialty Clerk Typists Clerk Typists -Specialty Billing Clerk Typists-Parts Billing Entry Code Clerk ASP File Clerk Group Leader-Order Activity Invoice Clerk Order Entry-Clerk Order Records Clerk Typists Invoice Data Utility Clerks Parts Pricing and Billing-9 Assignment Clerk Pricing Pricing Clerks-Specialty Pricing Clerks-Parts Typists ( Parts Pricing) Export Orderh^Processing-943 Export .11OrderClerks ..3z j,. ,Financial Planning & Budget-950 Budget ,Analyst-,C1'erk Budget Clerk File Clerk Manager. Off ice Ser4ices-'961 Mai 'Dep artm nt-962 Assignment Clerk-Files Mail Clerk Mail Delivery Clerks File Devartment-961. .J.n Assignment Clerk, Files - Correspondence Clerk File Clerks File Control Clerk. (,Assign men_t) Unit Leader-File Room Steno Department-964 Assignment Clerk-Steno Typist Stenos FISHER CONTROLS CO. Included Micrdf- i lm-96 5 File Clerks Microfilm Clerk-Assignment Communications-966 Office Clerk Utility Services Switchboard Operator 'teletype Operator Credit. Clerk Credit'. Statements -Clerk Included Shifloinx . Denartment* 14 Assignment Clerk Clerk Typists File Clerk Receivinx and Shipninx* 71 Receiving Records Clerk !Quality Control*a.82. File Clerk Inspection File Clerk Quality Control 82 Certification & Supply Clerk Performance Verification Clerk Finished Stores* 90 Manufacturing Analysts Incomplet^embly Receiving Clerk, Utility Receiving 91 Receiving Records Clerks Reserve Stock* 98 Warehouse Materials Records C lerk Maintenance 99 Maintenance Technicians Credit-975 APPENDIX B PLANT LERICAL Excluded Excluded;" 519 The parties agreed that employees working in these departments are plant clericals. 520 Included Office Clerk Office Clerk Office clerk Buyers Assistant Buying Assistant Buyers Clerks Excluded,, Tool Engineering-222' Draft smen: Layout Men Methods Analyst N. C. Programmers Senior _ Layout; Men Senior' Methods"Analysts Senior N. C. Programmers Purchasing-233 Delivery Assurance Clerks Procurement Data Clerks °.T Receptionist Deport and Supply Clerk Senior Buyer Assistant Typist Inventory Control-234 Bill of Material Analysts Coordinator Inventory Inactive Material Clerk Inactive Stock Coordinator Inventory Planners Inventory Planner Assistants New Product Coordinator Order Tracer-Package Labels Senior Inventory Planner Customer S-*xvice- 235 Analyst R&S Orders Analyst Assembly Scheduling Analyst Order Entry Analyst Supermarket Stock Assignment Clerk Clerk Typists Customer Service Clerks DECISIONS OF NATIONAL LABOR` RELATIONS BOARD Machinin&eManufacturing-204 Assembly and Stores-205" Division Orders Coordinator File Clerk (Assignment) File Clerks Office Clerk FISHER CONTROLS CO. Included Exc luded Order Entry Clerk-Parts & Repairs Order Entry Clerks -Specialties Order - Tracers Print Clerk Requisition File Clerk Senior Supermarket Operator Supermarket operatorsa Typist Tags and Labels Manufacturing Equipment Engineering-223 Draftsmen Design Draftsmen Manufacturing Control" 236 Assignment Clerk Barstock Clerk Purchasing Control Clerks File Clerk Leadmen Office Clerks Order Follow-up Clerks Scheduler-Dispatchers Traffic -237 Clerk Typist Traffic Routing and Reservation Clerk Gas Regulator Office 243 Assembly Office Clerk Tool Crib Clerk Tool Kardex Clerk Tooling File Clerk Tooling Coordinator Tool Crib* 261 521 Industrial Engineering-291 Clerk Typist Work Measurement Analysts File Clerk Applicator Analyst Routing Analyst Senior Work Measurement Routing and Operations Clerk Analyst Typist Standards Applicator Office Clerk Facilities Engineering-293 Designer Layout Men The parties have agreed that employees working in these departments are plant clericals. 522 DECISIONS OF NATIONAL ^ LABOR RELATIONS BOARD Advertising and Exhibits* 410 Display Equipment Coordinator File Clerks Office Clerk Stock Room Clerks Stock Maintenance & Disbursement Clerk Electronics Engineering-618 File Clerk `Draftsmen' Assistant Draftsmen', Technicians (- Electronics Engineer .__,Assneiates Senior Technicians Payroll-980 Assignment Clerk-Payroll Payroll Clerks Payroll Records Clerk Data Processing-Programming-990 Associate Programmers Data Processing 995 Assignment Clerks Computer Operator Coordinator D P Equipment Operators Key Punch Operators Utility Clerk