American Type Founders Co., Inc.

National Labor Relations Board - Board Decisions

Nov 8, 1968

173 N.L.R.B. 707 (N.L.R.B. 1968)

AMERICAN TYPE FOUNDERS CO 707
American Type Founders Co., Inc . and District Lodge
No. 155 , International Association of Machinists
& Aerospace Workers, AFL-CIO, Petitioner. Case
26-RC-3182
November 8, 1968
DECISION ON REVIEW AND DIRECTION
OF ELECTION
By CHAIRMAN MCCULLOCH AND MEMBERS
BROWN AND JENKINS
On June 24, 1968, the Regional Director for
Region 26 issued his Decision and Order in the
above-entitled proceeding, in which he dismissed the
petition as premature. Thereafter, in accordance with
Section 102.67 of the National Labor Relations
Board Rules and Regulations, as amended, the Peti-
tioner filed a timely request for review, contending
that the Regional Director departed from officially
reported Board precedent by not directing an im-
mediate election. The Employer filed opposition. By
telegraphic Order dated August 26, 1968, the Nation-
al Labor Relations Board granted the request for
review. Thereafter, the parties filed timely briefs on
review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Board
has delegated its powers in connection with this case
to a three-member panel.
The Board has reviewed the entire record in this
case including the briefs of the parties with respect to
the issues under review, and makes the following
findings:
In its petition, the Petitioner seeks to represent the
production and maintenance employees employed at
the Employer's new Franklin, Tennessee, plant. The
Regional Director, in agreement with the Employer,
dismissed the petition on the gound that the Em-
ployer "does not presently have a representative and
substantial complement of employees in the proposed
unit and that such a complement is not contemplated
until December 1968." We disagree.
Since at least January 1968, when the Employer
acquired the plant involved herein, it has hired in
accord with a monthly schedule to which it has
closely adhered. In May 1968, when the instant
petition was filed, the Employer employed 104
employees. According to its schedule, by October 1,
1968, the Employer will have employed a total of
254 employees, and 6 months thereafter, on April 1,
1969, a total of 445 employees. The Employer
expects it will have hired its full complement of 526
employees by July 1, 1969.
In May 1968, the Employer had employees classi-
fied in 21 of 52 anticipated job classifications; other
employees were performing the functions of 7 other
classifications;' and an employee was training for an
eighth.2 The Employer's hiring schedule envisaged the
employment of employees in three more classifi-
cations by October 1, 19683 Thus, the Employer had
programmed 32 job classifications to be manned by
this time. And the Employer's schedule makes no
provision at all for the employment of employees in
194 of the remaining 20 job classifications.
It is clear that by October 1, 1968, a date
preceding the date of issuance of this Decision, the
Employer is expected to employ at least 254 em-
ployees in 32 of the 52 anticipated classifications,
amounting to 55 percent of the 445 employees
anticipated within the next 6 months or 48 percent of
its full complement. In view of the foregoing we
conclude that, regardless of the size of the employee
complement on the date of the hearing, the present
employee complement is substantial and representa-
tive for the purpose of directing an immediate
election.'
1 Burrer, hand , saw operator , band , saw operator , cut-off, stock
chaser , trucker, electric , trucker , hand, leadman.
2 Tester, typesetter.
3 Assembler , bench-Web press, painter (brush and spray), painter
(cleaner and painter).
4 Assembler , electric harnesses , subassemblies ; boring mill operator,
broaching machine operator , buffer and polisher, gear cutter operator,
173 NLRB No. 108
grinder operator , centerless, grinder operator, internal, helper, mainte-
nance, honing machine operator, machine serviceman , mechanic, press
rebuild , press tester , setup man ; shaper operator, straightener , thread
milling machine operator, tool chaser , tool or cutter grinder, welder, all
purpose
5 See Endicott Johnson De Puerto Rico , Inc., 172 NLRB No. 194,
Revere Copper and Brass , Incorporated , 172 NLRB No . 117, Elsa
Canning Company , 154 NLRB 1810.
708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We therefore find that a question affecting com-
merce exists concerning 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,
and that the following employees of the Employer
constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section
9(b) of the Act.
6 The Petitioner would include , the Employer exclude, the inspec-
tors, the production control expeditor , and the production clerks
The four inspectors report to the chief inspector who, in turn,
reports directly to the Employer 's vice president and general manager.
Three of the four inspectors are receiving inspectors who are stationed
at an enclosed area near the loading dock, where they inspect parts and
subassemblies bought by the Employer . The fourth inspector spends
60-70 percent of his time in the machine shop, inspecting parts
manufactured there All four inspect to close tolerances , using micro-
meters and dial gauges . Like the other classifications in dispute, the
inspectors are salaried but otherwise share many conditions of employ-
ment with the production and maintenance employees . In accord with
our usual practice , we shall include the inspectors. Ryan Aeronautical
Co , 121 NLRB 1502 , 1504-05.
The production control expeditor reports to the production and
material manager, who also reports directly to the vice president and
general manager . The production control expeditor spends half of his
time in the plant , and has a desk next to the tool crib He follows jobs,
locates parts, and makes reports and shortage lists . We find that he is a
plant clerical employee and accordingly we shall include him. Weyer-
All production and maintenance employees em-
ployed by the Employer at its Franklin, Tennessee,
plant, including the inspectors and the production
control expeditor, but excluding office clerical em-
ployees, technical and professional employees, watch-
men, guards and supervisors within the meaning of
the Act.6
[Text of Direction of Election' omitted from
publication.]
hauser Company , 132 NLRB 84
The 8 to 12 production clerks also report to the production and
material manager. They maintain Cardex systems used for ordering and
specifying materials to the purchasing department , for maintaining
inventory , and for entering job and customer orders, they also make
shop orders . On the other hand, the record indicates that the
production clerks work in the main office and have no contact with
production employees The record does not disclose whether there are
other clerical employees employed at the Franklin plant. As the record
is insufficient to support a determination of the unit placement of the
production clerks, they may vote subject to challenge.
7 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 Region 26 within 7 days after the date of this Decision on
Review and Direction of Election . 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 extra-
ordinary circumstances . Failure to comply with this requirement shall
be grounds for setting aside the election whenever proper objections are
filed Excelsior Underwear Inc , 156 NLRB 1236.