Cameron Machine Co.

National Labor Relations Board - Board Decisions

Apr 30, 1946

67 N.L.R.B. 1066 (N.L.R.B. 1946)

In the Matter Of CAMERON MACHINE COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, C. I. O.
Case No. 2-H-6212.-Decided April 30, 1946
Messrs. Wickes, Riddell, Bloomer, Jacobi & McGuire, by Mr. John
K. Clark, Jr., of New York City, for the Company.
Messrs. Droisen c Marcus, by Mr. Solomon B. Marcus, of New York
City, for the Union.
Mr. Herbert J. Nester, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon a petition duly filed by the International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Cameron Machine Company, Brooklyn, New York, herein called the
Company, the National Labor Relations Board on February 26, 1946,
conducted a prehearing election pursuant to Article III, Section 3,i
of the Board's Rules and Regulations, among employees of the Com-
pany in the alleged appropriate unit, to determine whether or not they
desired to be represented by the Union for the purposes of collective
bargaining.
At the close of the election a Tally of Ballots was furnished all par-
ties. The Tally shows that there were approximately 161 eligible
voters and that 149 of these eligible voters cast valid ballots, of which
85 were for the Union, 46 were against, and 18 were challenged.
Thereafter, pursuant to Article III, Section 10,2 of the Rules and
Regulations, the Board provided for an appropriate hearing upon due
1 By amendment of November 27, 1945, this Section of the Rules now permits the con-
ducting of a secret ballot of employees prior to hearing in cases which present no
substantial issues.
2 As amended November 27, 1945, this Section provides that in instances of prehearing
elections , all issues , including issues with respect to the conduct of the election or conduct
affecting the election results and issues raised by challenged ballots shall be beard at the
subsequent hearing.
67 N. L R. B., No. 134.
1066
CAMERON MACHINE COMPANY 1067
notice before William T. Little, Trial Examiner. The hearing was
held at New York City on March 22, 1946. 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 upon the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Cameron Machine Company, a New York corporation having its
principal office and plant in Brooklyn, New York, is engaged in the
manufacture and sale of slitting and roll binding machinery. Raw
materials purchased annually by the Company are valued in excess of
$100,000, more than 50 percent of which is shipped to its Brooklyn
plant from points outside the State of New York. Finished products
manufactured annually by the Company are valued in excess of
$100,000, more than 50 percent of which is sold and shipped from its
Brooklyn plant to points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft, and Agricul-
tural Implement Workers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the collective
bargaining representative of certain of its employees in the alleged
appropriate unit.
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.
IV. THE APPROPRIATE UNIT
The Union seeks a unit composed of all production and maintenance
employees of the Company, including group leaders, inspectors, ex-
pediters, shop clericals, and watchmen, but excluding office clerical
1068 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees, cost accounting staff, building superintendent, salesmen,
foremen, and all other supervisory employees. The Company is in
general accord with the composition of the unit but would exclude the
group leaders, inspectors, expediters, shop clericals, and the watchmen.
Group Leaders
There are 7 employees in this classification. They have from 2 to
15 employees under their supervision and devote from 20 to 90 percent
of their time performing supervisory functions. The group leaders
maintain discipline within their department and have authority to
effectively recommend the discharge and other changes in the status of
employees under their supervision. Although an independent investi-
gation is conducted on a group leader's recommendation for discharge
of an employee, the record does not show that such investigation super-
sedes or detracts from the efficacy of the recommendation, as a factor
in determining the Company's final decision on the matter. The rec-
ord reveals that in the past the Company has followed many of the
recommendations made by the group leaders. We are of the opinion
that all group leaders fall within the Board's customary definition of
supervisory employees, and we shall, therefore, exclude them from the
unit.
Inspectors
There are two workmen employed by the Company in this classi-
fication. They inspect the finished products, using mechanical testing
devices, and gages for discovering defects and improper alignments.
They are directly under the supervision of the plant supervisor,
to whom they report all defective work. The inspectors are paid on
an hourly rate, work the same hours as other production employees,
and are an integral part of the production processes. The record does
not establish that, as the Company contends, the inspectors possess
any authority which would bring them within the Board's customary
definition of a supervisory employee. We shall, therefore, include
them in the unit .3
Expediter
The Company employes one expediter. His duties consist substan-
tially of properly assembling the materials to be machined and main-
taining a steady flow of production. Although the expediter may
make various suggestions to the group leaders regarding methods to
be used in manufacturing processes, it is clear that his duties are not
S See Matter of Kane & Roach , Inc., 58 N. L. R. B 1656; Matter of Pyott Foundry/ and
Machane Company, 60 N. L. R, B. 245.
CAMERON MACHINE COMPANY 1069
supervisory within the Board's customary definition thereof and we
shall, therefore, include him in the unit.
Shop Clericals
(Storekeepers and the Shipping Clerk)
The Union contends that the three storekeepers and the shipping
clerk fall within the classification of shop clericals. The record reveals
that the three storekeepers receive, check, and stock all incoming ma-
terials; insure that an adequate supply of raw materials is kept on hand;
issue material from the stock room to the various departments on
requisition; and maintain in the stock room finished products custom-
arily stocked by the Company.4 The shipping clerk receives all in-
coming supplies and routes outgoing.shipments; reports shortages and
damaged material in shipments received; and handles all claims there-
for. It is clear that the functions of the three storekeepers and the
shipping clerk are closely related to production activities and there
being nothing in the record to indicate that these employees have any
diverse interests that would warrant their exclusion from the unit,
we shall include them.5
Watchmen
The Company employs one full-time and one part-time watchman.
They are not uniformed, armed, nor deputized, and perform solely
custodial duties. Although the part-time watchman substitutes for
the building superintendent 2 days each week, the record is clear that
he assumes only the latter's custodial duties. In accordance with the
Board's usual custom, we shall include both watchmen in the unit.'
We find that all production and maintenance employees, including
inspectors, expediters, storekeepers, shipping clerk, and watchmen,
but excluding office clerical employees, stock accounting staff, building
superintendent, salesmen, foremen, group leaders, and all other super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
4 Although John Dain, one of the storekeepers , has the additional responsibility to issue
tool checks to all employees requisitioning tools and to insure the return of such tools
to the crib, together with the duty of watching that the employees properly punch the time
clock, it is clear that his chief duties are those of storekeeper.
" See Matter of Goodman Manufacturing Company, 58 N. L, R. B. 531 ; Matter of Kearney
h Treeker Corporation, 60 N. it. L. B. 148.
6 See Matter of Sylvania Industrial Corporation ; 61 N. L R. B. 1585; Matter of Elec-
tro7ite Corporation, 63 N. L. R. B. 369.
1070 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
The results of the election held previous to the hearing show that
the Union has secured a majority of the valid votes cast and that- the
challenged ballots are insufficient in number to affect the results of the
election . Under these circumstances we shall not direct that the chal-
lenged ballots be opened and counted , and we shall certify the Union
as the collective bargaining representative of the employees in the unit
found appropriate in Section IV, above.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3, as amended,
IT IS HEREBY CERTIFIED that International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America,
C. I. 0., has been designated and selected by a majority of all produc-
tion and maintenance employees of Cameron Machine Company,
Brooklyn, New York, including inspectors , expediter , storekeepers,
shipping clerk, and watchmen , but excluding office clerical employees,
cost accounting staff, building superintendent, salesmen, foremen,
group leaders, 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 , as their
representative for the purposes of collective bargaining , and that pur-
suant to Section 9 (a) of the Act, the said organization is the exclusive
representative of all such employees for the purposes of collective
bargaining with respect to rates of pay, wages , hours of employment,
and other conditions of employment.