A. S. Campbell Co., Inc.

National Labor Relations Board - Board Decisions

Aug 7, 1946

69 N.L.R.B. 1285 (N.L.R.B. 1946)

In the Matter of A . S. CAMPBELL Co., INC ., EMPLOYER and UNITED
ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA (CIO),
PETITIONER
Case No. 1-R 307O.Decided August 7, 1946
Mr. Edmund V. Maloney, of East Boston, Mass., for the Employer.
Mr. Donald Toi iiwy. of Boston, Mass., for the Petitioner.
Mr. Melvin J. Welle,, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, hearing in this case was held at Boston,
Massachusetts , on June 7, 1946, before Julius Kirle, Trial Examiner.
The Trial Examiner 's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
A. S. Campbell Co., Inc., is a Massachusetts corporation with its
principal office and plant at East Boston, Massachusetts . It is en-
gaged primarily in the manufacture of automobile bumpers and
guards, and the assembling of farm trailers and plastic drain pipes
for refrigerators. During 1945 it purchased for use in its operations,
materials valued in excess of $500,000, of which 90 percent was
shipped to its plant from points outside the Commonwealth of Massa-
chusetts. During the same period, the Employer manufactured
products valued in excess of $2,000,000 , of which 85 percent was
shipped to points outside the Commonwealth of Massachusetts.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
69 N. L. R. B., -No. 156.
1285
1286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations , claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
The Employer contends that the employees involved in this pro-
ceeding are ineligible for membership in the petitioning union under
the constitution and bylaws of that organization. We have uniformly
held, however, that the constitutional right of a petitioning union to
accept certain employees as members is immaterial in the absence of
any proof that the union will not adequately represent such em-
ployees.,
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
The Petitioner desires to include all office, clerical, and technical em-
ployees of the Employer, excluding all supervisory employees, in the
bargaining unit of production and maintenance employees which it
currently represents. The Employer objects to the inclusion of these
employees in the existing unit of production and maintenance em-
ployees because of the dissimilar interests of the two groups, and also
contends that the office and clerical employees should constitute a unit
separate and distinct from the technical employees. The Employer
contends further that the technical employees are so few in relation
to the total number of employees that they should not constitute a
unit for the purposes of collective bargaining. The Employer and
the Petitioner agree that the employment manager, procedure super-
visor, trailer salesmen, guards, watchmen, nurses, chemists, plant
engineer, and secretary to the president should be excluded from any
unit or units found appropriate herein.
The Board's general policy has been to recognize differences in inter-
ests, background and functions between clerical employees and tech-
nical employees, and to place the employees comprising such groups
in separate units where, as here, any of the parties concerned objects
to their inclusion in a single unit.2 In addition, the Board excludes
1 Matter of Boeckeler Associates and Chemprotin Products , 60 N. L . R. B. 1208, and cases
cited therein.
2 Matter of Wagner Electric Corporation, 67 N. L. R. B. 1104, and cases cited therein.
A. S. CAMPBELL CO., INC. 1287
office, clerical , and technical employees from units of production and
maintenance employeesa Inasmuch as the technical employees herein
concerned have functions , interests , and backgrounds different from
those of the office and clerical employees , and inasmuch as the Em-
ployer objects to the inclusion of both groups in a single unit, we shall
adhere to our usual policy of placing the employees in each of these
groups in separate units , and apart from the already established pro-
duction and maintenance unit. There is no merit in the Employer's
contention that there is not a sufficient number of technical employees
to constitute an appropriate unit for the purposes of collective bar-
gaining. We have frequently held that one employee may not, but
more than one employee may, properly constitute an appropriate
unit.'
There remains for consideration certain employees whom the Em-
ployer would exclude from any unit as supervisory or confidential.
Uncoijroverted evidence adduced at the hearing reveals that the
following employees possess authority effectively to recommend the
discharge or discipline of subordinate employees : bookkeeper (cash
and accounts receivable ) ; bookkeeper ( general ledger and accounts
payable) ; assistant-sales department; assistant-purchasing agent;
and secretary to the sales manager. We shall, therefore, exclude these
employees from both units hereinafter found appropriate as super-
visory employees.
Chief time study engineer: This employee sets production standards
on all production jobs for the Employer . He does not , however, de-
termine wage rates. While there was some testimony adduced at
the hearing that he sits in on conferences concerning labor relations,
the evidence indicates that his only function in this respect is to fur-
nish the Employer with time study information . He is not, despite
the contention of the Employer to the contrary , either a managerial
or a confidential employee within our definitions . However, his
duties and interests are clearly dissimilar from those of the other
office, clerical, and technical employees involved herein. We shall,
therefore , exclude him from both units.
Estimator : The Employer contends that the estimator should be
excluded from any appropriate unit as a confidential employee. This
employee estimates the time it should take to complete each job, but
does not determine job rates. Although his time estimates may be
subject to grievances , he does not participate in the settlement of such
grievances. We do not agree with the Employer's contention that
the estimator is a confidential employee . However, the duties and
interests of the estimator are very similar to those of the chief time
8 Matter of Ward Leonard Electric Co., 59 N. L . R. B. 1305 , and cases cited in footnote
5 therein.
4 See Matter of The Central Foundry Comp any, 20 N. L. It . B. 131 , and cases cited therein.
1288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
study engineer, whom we have excluded from both units. We shall
also exclude the estimator from these units.
Secretary to the vice president of manufacturing: She takes dic-
tation, generally assists, and acts in a confidential capacity to the vice
president of manufacturing, who is in a position to formulate, deter-
mine and effectuate management policies in the field of labor rela-
tions. Much of her work is concerned with matters pertaining to
labor relations and management problems. We find that she is a con-
fidential employee, and shall, therefore, exclude her from the units.
Secretary (assistant in personnel) : She acts as general secretary
to the personnel and industrial relations manager, types reports and
files data on labor relations matters, and has access to the confidential
files of the industrial relations manager. The latter is directly con-
cerned with labor relations problems, and formulates, determines and
effectuates management policies with respect to labor relations. We
find that the secretary (assistant in personnel) is a confidential em-
ployee, and shall, therefore, exclude her from the units.
Secretary to the works manager: She takes dictation and generally
assists the works manager, who is involved in all negotiations relating
to union contracts, and in all grievances affecting employees in the
plant, and is thus in a position to formulate, determine and effectuate
management policies in the field of labor relations. We shall exclude
the secretary to the works manager from the units as a confidential
employee.
Secretary to the treasurer: She takes dictation from the treasurer;
approximately 10 percent of this dictation is devoted to grievances
and labor relations matters. In addition, this employee handles con-
tracts, insurance policies, bank reports and other financial informa-
tion pertaining to the Employer. Testimony was adduced at the hear-
ing to the effect that the treasurer has not attended the most recent
negotiations between the Employer and the union, but evidence that
the treasurer is in a position to formulate, determine and effectuate
management policies in the field of labor relations was uncontroverted.
Accordingly, we shall exclude the secretary to the treasurer from the
unit or units hereinafter found appropriate as a confidential employee.
We find that the employees in the following groups, excluding all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute separate units appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act :
1. All technical employees of the Employer, including draftsmen,
plant lay-out engineers, and engineers, but excluding all office clerical
employees, chief time study engineers, and estimators.
A. S. CAMPBELL CO., INC. 1289
2. All office and clerical employees of the Employer, excluding book-
keeper (cash and accounts receivable), bookkeeper (general ledger and
accounts receivable), assistant-sales department, assistant-purchas-
ing agent, secretary to the sales manager, secretary to the treasurer,
secretary to the vice-president of manufacturing, secretary to the
works manager, secretary (assistant in personnel), secretary to the
president, chief time study engineers, estimators, draftsmen, plant
lay-out engineers, engineers, procedure supervisors, trailer salesmen,
guards, watchmen, nurses, chemists, and plant engineers.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with A. S. Campbell Co., Inc., East Bos-
ton, Massachusetts, elections by secret ballot shall be conducted as early
as possible, but not later than thirty (30) days from the date of this
Direction, under the direction and supervision of the Regional Direc-
tor for the First Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Sections 10 and 11,
of National Labor Relations Board Rules and Regulations-Series 3,
as amended, among the employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person at
the polls, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, to determine in each of the units whether or
not they desire to be represented by United Electrical Radio & Machine
Workers of America (CIO), for the purposes of collective bargaining.