Bridgeport Metal Goods Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 8, 1946

66 N.L.R.B. 482 (N.L.R.B. 1946)

In the Matter of BRIDGEPORT METAL GOODS MANUFACTURING COMPANY
and PLAYTHINGS, JEWELRY & NOVELTY WORKERS INTERNATIONAL
UNION, C. I. O.
Case No. 2-R-5967.-Decided March 8, 1946
Pullman d Comley, by Mr. Arthur A. Comley, of Bridgeport,
Conn., for the Company.
Messrs, Edward A. McCrane, of New Haven, Conn., and Michael
Roxas, of Fairfield, Conn., for the Union.
Mr. S. Roy Remar, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Playthings , Jewelry & Novelty
Workers International Union , C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Bridgeport Metal Goods Manu-
facturing Company, Bridgeport , Connecticut , herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Robert A. Levett, Trial
Examiner. Said hearing was held at Bridgeport , Connecticut, on
November 27-28, 1945. The Company and the Union appeared and
participated . All parties were afforded full opportunity to be heard,
to examine and cross -examine witnesses , and to introduce evidence
bearing on the issues . The Trial Examiner 's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bridgeport Metal Goods Manufacturing Company, a Connecticut
corporation, is engaged in the manufacture of metal stampings such
66 N. L. R. B., No. 60,
482
BRIDGEPORT METAL GOODS MANUFACTURING CO. 483
as lipstick containers, metal compacts, and flashlight cases. The
Company's office and main plant are located in Bridgeport, Con-
necticut ; it also operates a small temporary plant at Bethel, Con-
necticut. The Bridgeport plant of the Company is the only one
concerned in this proceeding. Raw materials, consisting chiefly of
sheet boxes, sheet steel, and fiber insulation and glass, used during
the past year exceeded $100,000 in value, of which over 15 percent
was shipped in from points outside the State of Connecticut.
Finished products produced during the same period exceeded
$1,000,000 in value, of which about 75 percent was shipped to points
outside the State of Connecticut.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Playthings, Jewelry & Novelty Workers International Union,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of its employees
until the Union has been certified by the Board in an appropriate
unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
1V. THE APPROPRIATE UNIT
The Union seeks a unit of all production and maintenance em-
ployees of the Company, including truck drivers, watchmen, senior
draftsmen, expediters, inspectors, process inspectors, set-up men,
elevator operators, porters, truckers, but excluding timekeepers, office,
purchasing, accounting and personnel department employees and
executive, administrative, and supervisory employees. The Company
agrees generally as to the appropriateness of the foregoing unit, but
1 The Field Examiner reported that the Union submitted 215 application -authorization
cards. At the hearing the Union submitted an additional 52 application cards. There
are approximately 300 employees in the alleged appropriate unit.
484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
contends that watchmen, set-up men, process inspectors, truck
drivers, and four assistants to the general foreman should be ex-
cluded. The record discloses no prior bargaining history, and no
prior representation proceeding by any labor organization involving
the Company.
Watchmen: There are two full-time and one part-time watchmen
who are neither armed nor deputized. They make rounds and punch
ADT clocks. The part-time watchman works as a material handler
when he is not checking workers in and out at the factory gate.
The watchmen are chiefly concerned with protecting the property
from fire and trespass. Since their duties are primarily custodial
and not monitorial, vae shall include them within the unit.2
Truck Drivers: The Union would include two truck drivers who
transport work between the Bridgeport and Bethel plants; they also
carry scrap to the dumps and deliver packages to Railway Express.
We are of the opinion that their duties and interests differ sub-
stantially from those of the employees directly engaged in the
production process; we shall therefore exclude truck drivers from the
bargaining unit .3
Process Inspectors: The record indicates that three of the four
process inspectors employed by the Company check the quantity of
the output, but have nothing to do with supervision of the operators.
They check first runs of machines within their respective depart-
ments, make rounds to determine if gauges are correct, and concen-
trate on general operating conditions affecting the quality of
production. If defects appear, the inspector may shut down the
machine and call the set-up man to make corrections. The fourth
process inspector is a woman who is classified as "process inspector-
plant account." She passes on raw materials and supplies received
by the Company from sources outside the plant. She checks samples
of such materials against blueprints and specifications and reports
to the chief inspector or his assistant. It is apparent that the process
inspectors are not supervisory, that their functions are limited to
mechanical matters affecting the quality of the product, and that
they have the same interests and work under the same general rules
and conditions of employment as prevail for the general workers in
the various departments. Accordingly, we shall include them.4
Set-up Men (Tool Setters) : There are about 22 employees who
are classified as set-up men, and are also known as tool setters. They
work in the various departments under the supervision of a general
foreman. They are highly skilled men engaged in setting up dies,
s Matter of Sylvania Industrial Corp , 61 N. L R. D 244 ; of Matter of Kelsey-Hayes
Wheel Co., 62 N. L. R. B. 421
8 Matter of New Jersey Worsted Mills and Gera Mills , 63 N. L R B. 455
&Matter of Allts-Chalmers Manufacturing Company , 61 N. L. It. B. 631.
BRIDGEPORT METAL GOODS MANUFACTURING CO. 485
punches, jigs, and machine fixtures. While their work may vary
because of differences in the operations of the various departments,
the general functions of all 22 are essentially similar, except Paul,
who acts as assistant foreman. The Company contends that these
set-up men have supervisory duties and should be excluded. Although
the set-up men are paid on an hourly basis at a rate substantially
higher than that received by the general workers in their depart-
ments and may transfer employees from one machine to another,
the record proves that none has any authority to hire, discharge,
or effectively to recommend changes in the status of other employees.
They devote most of their time to manual work and the Company
makes no distinction between set-up men and other production and
maintenance employees in working conditions or the application
of its rules. We find that the set-up men do not possess the authority
customarily vested in supervisory employees, that they in no way
represent management, and that they are merely highly skilled
mechanics or machinists.5 Accordingly, we shall include all set-up
men employed at the Company's Bridgeport plant, with the exception
of Frank Paul, whom we find enjoys a supervisory status.
Assistants to the General Foreman: The Union contends that the
four assistants to the general foreman should be included in the
unit; the Company contends that they are supervisory and should
be excluded. The four assistants in question are consulted by the
Company in such matters as lay-offs, piece-work rates problems, and
pay increases. So far as the record shows, their functions do not
differ from the other assistants to the general foremen whom the
parties agree perform supervisory functions. We shall exclude them.
We find that all production and maintenance employees of the
Company, at its Bridgeport plant, including watchmen, senior
draftsman, expediters, inspectors, process inspectors, set-up men,6
elevator operators, porters, truckers, but excluding truck drivers,
office, purchasing, accounting and personnel departments employees,
timekeepers, executive and administrative employees, and all other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees,
or effectively recommend such action, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
GMatter of Royal Typewriter Company, 55 N L R B 402; Matter of Gatberson
Corporation , 59 N. L. R B. 1091,
d Excluding Frank Paul.
486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth
in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 3, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bridgeport Metal
Goods Manufacturing Company, Bridgeport, Connecticut, an election
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 Director for the Second
Region, acting in this matter as agent for the National Labor Re-
lations Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, in-
cluding 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 em-
ployees 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 whether or not they desire to be represented by Playthings,
Jewelry & Novelty Workers International Union, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.