Eaton Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 4, 1946

71 N.L.R.B. 263 (N.L.R.B. 1946)

In the Matter of EATON MANUFACTURING COMPANY, SPRING DIVISION,
EMPLOYER and LOCAL 368, INTERNATIONAL UNION, UNITED AUTOMO-
BILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA
(UAW-CIO) , PETITIONER
Case No. 7-R-296.-Decided October 4, 1946
Messrs. Paul E. Minsel and Frank L. Goodrich, of Detroit, Mich., for
the Employer.
Messrs. Maurice Sugar and Jack N. Tucker, by Mr. Jack N. Tucker,
of Detroit, Mich., for the Petitioner.
Cllr. Benj. E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon an amended petition duly filed, hearing in this case was held
at Detroit, Michigan, on July 17, 1946, before Robert J. Wiener, hear-
ing officer . The hearing officer'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. THE BUSINESS OF THE EMPLOYER
Eaton Manufacturing Company, an Ohio corporation, operates 12
plants located in Michigan, Ohio, and Canada. The Spring Division,
Detroit, Michigan, the only plant involved in this proceeding, manu-
factures leaf and coil chassis springs for automobiles and miscellaneous
coil springs. The Employer's monthly purchases of raw materials are
valued in excess of $200,000, 90 percent of which is shipped to its
Detroit plant from points outside the State of Michigan. The Em-
ployer's monthly sales of finished products are valued in excess of
$400,000 approximately 5 percent of which is shipped to points out-
side the State of Michigan.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act.
I During the course of the hearing, the Employer moved to dismiss the original and
amended petitions on the grounds that checkers should be excluded from the bargaining
unit. For reasons set forth in Section IV, infra, the Employer's motion is denied.
71 N. L R. B., No. 29
263
264 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.
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 UNIT
The Petitioner seeks to represent all checkers of the Employer and
requests that they be merged in a single unit with the production and
maintenance employees whom it currently represents 2 or, in the
alternative , that the checkers be established as a separate unit. The
Employer contends that the checkers are confidential and managerial
and consequently may not be represented either separately or as part
of a unit of production and maintenance employees.
The primary duties of checkers are to record information relating
to employee attendance and to count or weigh the number of pieces
produced by each employee . Checkers work under the supervision of
the time-study department , are hourly paid, and all enjoy substantially
the same wages and working conditions . Checkers have been excluded
under prior contract between the Petitioner and Employer. We are
of the opinion that the duties of the checker are neither managerial
nor of a fonfidential nature relating to the Employer 's labor relations.3
Accordingly, we see no reason why the checkers should be deprived of
the privileges of collective bargaining. However, inasmuch as their
duties and interests differ substantially from those of the production
and maintenance employees , we are of the opinion that the checkers
should constitute a separate unit. ,
We find that all checkers of the Employer at its Detroit plant, ex-
cluding all supervisory employees with authority to hire, promote,
discharge , discipline , or otherwise effect changes in the status of em-
ployees, or effectively recommend such action , constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
2 The Petitioner and the Employer have executed collective bargaining contracts covering
thy, production and maintenance employees since 1937
3 See Matter of Bethlehem Steel Company, Shipbuilding Division ( Boston Yards), 60
N L R' IT 203 , Matter of Ordnance Steel Foundry Company, 60 N L R. B 207.
EATON MANUFACTURING COMPANY 265
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Eaton Manufacturing Com-
pany, Spring Division, Detroit, Michigan, 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 super-
vision of the Regional Director for the Seventh Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Sections 203.55 and 203.56, of National Labor Relations
Board Rules and Regulations-Series 4, among 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 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 whether or not they desire to be represented by Local 368,
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America (UAW-CIO), for the purposes of
collective bargaining.