Domestic Engine & Pump Co.

National Labor Relations Board - Board Decisions

Sep 10, 1946

70 N.L.R.B. 1263 (N.L.R.B. 1946)

In the Matter of DOMESTIC ENGINE &Z PUMP COMPANY, EMPLOYER and
FEDERAL LABOR UNION No. 23989, A. F. L., PETITIONER
Case No. 4-R-21,28.-Decided September 10, 1946
Mr. John Mc D. Sharpe, of Chambersburg, Pa. and Mr. J. E. Reis-
ner, of Shippensburg, Pa., for the Employer.
Mr. John J. Lorden, of Philadelphia, Pa., and Mr. Irvin Glessner,
of Shippensburg, Pa., for the Petitioner.
Mr. Robert J. Freehling, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Cham-
bersburg, Pennsylvania, on July 10, 1946, before Paul Bisgyer, 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
1. TITE BUSINESS OF THE EMPLOYER
Domestic Engine & Pump Company, a Pennsylvania corporation, is
engaged in the manufacture of pumps and other mechanical equipment
at its plant located in Shippensburg, Pennsylvania. Annually, the
Employer uses raw materials valued in excess of $100,000, of which
approximately 90 percent represents shipments to this plant from
sources outside the Commonwealth of Pennsylvania. During a sim-
ilar period, the Employer distributes finished products from this plant
valued in excess of $300,000, of which more than 80 percent represents
shipments to customers outside the Commonwealth.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
70 N. L. R. B., No. 115.
063
1264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
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. TI-IE APPROPRIATE UNIT
The parties agree generally that the appropriate unit should in-
clude all production and maintenance employees of the Employer,
excluding office employees and supervisors. The parties are in dis-
agreement, however, as to the following categories of employees whom
the Petitioner would include, and the Employer would exclude, from
the unit:
Inspection employees: The Employer employs four individuals
who ,ire engaged principally in performing inspection duties in the
course of the production process. One has the,'job classification of
"inspection and tests" another of inspector, and the other two of
"test floor-hydrostatic." It appears from the record that these in-
dividuals do not direct the work or affect the earnings or status of
any other employees and that they are generally subject to the same
conditions of employment as the production and maintenance em-
ployees. Under the circumstances, we are of the opinion that a com-
munity of interest in the conditions of employment exists between
these employees and the production and m aintenance employees and
we shall, therefore, include them An the unit as inspection employees.,
Foremen and the assistant foreman: The parties are in dispute, as
to the, supervisory status of the following employees : Assembly de-
partinent foreman, grinding room foreman, core room foreman, ma-
chine shop foreman and assistant machine shop foreman. Each fore-
man oversees the work of a group of employees, receives wages higher
than his subordinates, and has authority effectively to recommend their
hire, discharge, and promotion. The assistant foreman ordinarily
performs machine operations under the supervision of the machine
shop foreman and, except during the infrequent, absences of the latter,
does not direct the work of any other employees. He is hourly paid,
and receives wages comparable to those of class A machinists who are
admittedly non-supervisory employees. In view of the foregoing
and based on the entire record, we are, of the opinion that the fore-
1 Matter of Interstate Machines y Company, Inc, 66 N. L. R. B 1336 ; Matter of Ameri-
can Laundry Machinery Company, 66 N. L. R. B. 1292 ; Matter of Frick Company, 63 N. L
R B. 927
DOMESTIC ENGINE & PUMP COMPANY 1265
men, unlike the assistant foreman, are supervisory employees within
the Board's customary definition of that term. Accordingly, we shall
exclude the foremen of the assembly department, grinding room,
core room, and machine shop from the unit, and shall include the
assistant machine shop foreman in the unit.
Electrician and machine repairman: The electrician employed by
the Employer spends 75 percent of his time in testing, inspecting, and
rebuilding finished heating pump assemblies, and the remainder in
performing general electrical maintenance work throughout the plant.
The machine repairman does assembly work at a bench during approx-
imately 75 percent of his time and spends the rest of his time repair-
ing machinery wherever necessary in the plant. Both employees
are supervised in their work by the plant superintendent. It is clear
that the interests of the electrician and machine repairman are closely
akin to those of the production and maintenance employees and we
shall, therefore, include them in the unit.
Truck Driver: The Employer employs one truck driver who works
under the supervision of the plant superintendent, is hourly paid,
and receives wages similar to those of production and maintenance
employees. He spends 60 percent of his time on the truck hauling
freight and various raw materials in and out of the plant. During the
balance of his time, he serves as a general handyman performing such
duties as repairing water lines and checking the boiler room and heat-
ing system. We are of the opinion that the interests of the truck-driver
lie with those of the production and maintenance employees, and, we
shall include him in the unit.'
Watchmen: The Employer's two watchmen are engaged in policing
the Employer's property and also, during winter months, in tending
the plant furnaces. They perform no monitorial duties and are neither
armed, uniformed, militarized, nor deputized. Inasmuch as their
duties are custodial in nature, we shall, in accordance with our usual
policy, include the watchmen in the unit.a
Routers and expediters: The Employer employs two routers and
expediters who are assigned to help maintain the proper flow of
materials through the plant. They work under the supervision of the
plant superintendent and have no authority to make recommendations
as to the more efficient handling of materials. Both are hourly paid
and are generally subject to the same conditions of employment as
the production and maintenance employees. We are of the opinion
2 Matter of California Consumers Corp ., 63 N L. R. B. 1196 , and Matter of Waterloo
Valve Spring Compressor Company , 61 N. L R B 667.
1 Matter of Cameron Machine Company , 67 N. L. R B 1066 , and Matter of Lectroltte
Corporation , 63 N I. R 11 369
1266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
that the interests of the routers and expediters are similar to those
of the production and maintenance employees and, accordingly, we
shall include them in the unit.'
Timekeeper: The timekeeper employed by the Employer works at a
desk in the machine shop under the supervision of the machine shop
foreman. His duties include distributing job tickets received from the
foreman to the machine operators, checking to see that tickets are
properly punched, noting absences and the production of operators
on the job tickets, and submitting time computations to the main
office. Under the circumstances and in accordance with the Board's
customary practice in like cases we shall exclude the timekeeper from
the unit.,
Tool crib attendant: The Employer's tool crib attendant is assigned
to the tool crib located in the machine shop and works under the super-
vision of the machine shop foreman. He issues and receives tools
used by the machine operators and is responsible for sending defective
tools to the toolrooin for necessary repairs. We shall follow our
usual policy and include him in the unit.
Materials clerk and receiving clerk: Botli these employees work in
Lhe stockroom located in the same building as the assembly depart-
ment. The duties of the materials clerk consist mainly of issuing parts
for the completion of various pumps and engines. The receiving
clef'k checks and records all incoming materials and also prepares
parcel post items for shipment. Both are supervised in their work
by the plant superintendent. In vies,- of their community of interest
with the production and maintenance employees, we shall include the
materials clerk and the receiving clerk in the unit.'
Shipping department employees: In its shipping department, which
is located in the same building as the assembly department, the Em-
ployer has two employees, one of whom is classified as a class B car-
penter, and the other as a crater and packer. The carpenter constructs
the boxes and crates in which the products of the Employer are shipped.
The crater and packer receives the shipping orders from the main
office, prepares the necessary additional papers, and packs the items
scheduled for shipment. Both employees are generally subject to the
same conditions of employment as the,production and maintenance
employees. It is clear that the interests of the shipping department
Matter of Pacific Mills, 60 N L R B 467 , Matte) of Consolidated Pnltee Aircraft
Corporation , 58 N L R B 800 , and Matter of Shartle Brothe ? s Mach i ne Company, 57
N 1. R B 1546
5 Matte? of Maybes Tool Cam pan g . 69 N L Ti B 294 ; Matter of Triangle Ilos ? er?l Com-
pany, Inc, 65 N L It B 69, and Matter of Adams-Millis Corporation , 63 N L R B. 362.
"Matter of Ali cooled Moto, Cotporat ? on, 68 N. L R B 1043 , and Matter of Nilson h
Co , lne . 68 N. L R B 592
See Matter of Cities Service Oil Company , 60 N. L R B 988, and cases cited therein.
DOMESTIC ENGINE & PUMP COMPANY - 1267
employees, are closely identified with those of the production and
maintenance employees and, accordingly, we shall include them in the
unit.
We find that all production and maintenance employees of the
Employer at its Shippensburg, Pennsylvania, plant, including the
assistant machine shop foreman, electrician, machine repairman, truck
driver, tool crib attendant, materials clerk, receiving clerk, class B
carpenter, crater and packer, inspection employees, watchmen, and
-routers and expediters, but excluding the timekeeper, office employees,
foremen, and all other supervisory employees 8 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 mean-•
ing of Section 9 (b) of the Act.
DIRECTION OF ELECTION
D
As part of the investigation to ascertain 'representatives for the
purposes of collective bargaining with Domestic Engine & Pump Com-
pany, Shippensburg, Pennsylvania, 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 Fourth 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, amoifg the employees in the unit
found appropriate in Section IV, above, who were employed during
the pay-roll period immediately 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 includ-
ing 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 whether or
not they desire to be represented by Federal Labor Union No. 23989,
A. F. L., for the purposes of collective bargaining.
Mx. JAaIES J. REYNOLDS, JR., took no part in the consideration of the
above Decision and- Direction of Election.
8 We find, in accordance with the agreement of the parties at the hearing, that the. fol-
lowing individuals are supervisory employees within the Board's customary definition and
should be excluded from the unit • the plant superintendent, foundry superintendent, and
assistant foundry superintendent.
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