Electric Auto Lite Co.

National Labor Relations Board - Board Decisions

Jul 27, 1944

57 N.L.R.B. 723 (N.L.R.B. 1944)

I
In the Matter of ELECTRIC AUTO LITE COMPANY 'CL'nd MECHANICS 'EDu-
CATIONAL SOCIETY OF AMERICA, LOCAL 4
In the Matter of ELECTRIC AUTO LITE COMPANY and MECHANICS EDU-
CATIONAL SOCIETY OF AMERICA, LOCAL, 4
Cases 'Nos. 8-R-1503 and 8-R-1501, respectively. Decid'ed' July 07,
1944
Messrs. James P. Falvey and George H. SOMther, of Toledo, Ohio,
for the Company.
Mr. Earl S. Streeter, of Toledo, Ohio, for MESA.
Mr. Edward Lamb, of Toledo, Ohio, for UAW.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS,
STATEMENT OF THE CASE
Upon petitions duly filed by Mechanics Educational Society of
America; Local 4, herein called MESA, alleging that questions affect-
ing commerce had arisen concerning the representation of employees
of Electric Auto Lite Company, Toledo, Ohio, herein called the Com-
pany, the National Labor Relations Board consolidated the cases and
provided for an appropriate hearing upon due notice before Thomas,
E. Slroyer, Trial'Examiner. Said hearing was held at Toledo, Ohio,
on June 5, 1944. The Company, MESA, and International Union,
United Automobile, Aircraft & Agricultural Implement Workers of
America, Local 12, C. I. 0., herein called the UAW, appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to,
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. At the hearing, the Trial Examiner reserved for
the Board a ruling on the UAW's motion to dismiss the petitions-
For reasons hereinafter stated the said motion is hereby denied." The.
i UAW contends that the motion to dismiss the petition should be granted ' because
MESA lacks jurisdiction to accept as members the employees in the units requested. The
question of jurisdiction , as thus raised, is an internal union matter irrelevant to the issues
here presented . Matter of Star Publishing ^ Company , 4 N. L. R. B. 498 ; Matter of L. A-
Nut House, 5 N. L. R. B. 799
57 N L R. B, No. 121. -
723'
724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Trial Examiner's rulings made at the hearing are free from prejudi-
cial error and are hereby affirmed. All parties were afforded an op-
portunity 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
Electric Auto Lite Company, an Ohio corporation, is engaged in the
manufacture of various types of war material at its four plants in To-
ledo, Ohio. During the past year it purchased raw materials for use
in the production. processes of these plants valued in excess of $1,000,-
000, of which, approximately 50 percent was shipped into the State
of ;Ohio from points outside the State. During the same period the
Company manufactured products of a value in excess of $5,000,000,
of which more than 50 percent was shipped to points outside the
State of Ohio.
The Company admits that it' is engaged- in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED -
Mechanics Educational Society of America, Local 4, unaffiliated,
is a labor organization admitting to membership employees of the
Company.
^ International 'Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, Local 12, affiliated with the Con-
gress 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 MESA as the ex-
clusive bargaining representative of, its employees until MESA has
been certified by the Board in an appropriate'unit.
In support of its motion to dismiss the petition, the.UAW claims,
inter alia, that the employees whom MESA seeks'to represent are pres-
ently covered by the contracts between the UAW and the Company.
The claim is without merit. The contract between the UAW and the
Company by its terms covers only those employees of the Company
in the unit certified by,the Board in Case No. R'650.2 The UAW has
s Matter of Electric Auto -Lite Company, 10 N. L. R. B. 665. In that case , the Board
certified the UAW as bargaining representative for a unit of production and maintenance
employees , excluding office employees , after the UAW had lost a "Globe" election among
such office employees.
', I '=ELECTRIC--AUTO LITER -COMPANY''
never clainiedto bet,, nor-has ' it"been recob izdd-as ,Ythe bargaining'rep-
reseiatative, of the employees involved herein prior to the present
proceeding.
A statement of/a Board agent, introduced into evidence at the
hearing, indicates-that MESA represents a substantial number `of 'em-,
ployees in the units 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 theAct.
IV. THE APPROPRIATE UNITS
With respect to the Aviation Division, Case No. 8-R-1503, MESA
seeks a unit comprising all salaried office employees in the personnel,
time-study, planning, mail, receiving, time, cost,, purchasing, and
miscellaneous departments, excluding interviewers in the personnel
department, secretaries to the heads of the personnel, time-study,
planning, cost,' and purchasing departments, respectively, and all
supervisors. The Company while agreeing generally as to the appro-
priateness, of the aforesaid unit would also exclude all employees of
the personnel, time, time-study, cost, and Defense Plant Corporation
departments, all secretaries to heads of departments, the receptionist,
telephone switchboard operator, tool order man in the methods de-
partment, and the purchase follow-up clerks and production control
clerks in the planning department. -
Personnel department. This department includes a personnel man-
ager , an assistant personnel manager , two interviewers and four
stenographers and clerks who' handle personnel records. Pursuant
to, our usual policy of excluding employees who handle personnel
matters, we shall exclude all the personnel department employees,
from the unit.4
Time=Study departm nt. This department includes; in addition to
the manager, two time-study men, the secretary to the manager, and
two stenograghher-clerk"s. The time-study men are limited in their
duties to timing work operations in order to determine how many
pieces of work can be expected per unit of time; they' set no wage rates.
9 The ' Field Examiner reported that in Case No. 8-R-1503, MESA submitted 41 authori-
zation cards ; that the names of 39 persons appearing on the cards were listed on the
Company's pay roll of May 8, 1944, which contained the names of 90 employees in the
appropriate unit; and that the cards were dated as follows : 33 in March 1944; and 6 in
April 1944. In Case No. 8-R-1504, the Field Examiner reported , MESA submitted 35
authorization cards ; that the names of 32 persons appearing on the cards were listed
on the Company's pay roll of May 8, 1944, which contained the names of 32 persons in
the appropriate unit ; and that the cards were dated as follows : 27 in March 1944; and`
5 in April 1944. UAW relies on its contract with the Company, as establishing its interest.
.4 See Matter 'of West Penn Power Company, 55 N. L.'R. B. 1353; Matter of General Cable
Company, 55 N. L. It. B. 1143.
*f `26 DECISIONS- OF -NATIONAL LABOR RELATIONS BOARD
Since the time-study men perform no managerial functions: and since
neither they nor the stenographer-clerks have access to confidential in-
formation relating to labor relations matters, we shall include ,these
employees in the unit.'-
Planning department. The Company would exclude the purchase
follow-up clerks and the production,contr,a1 clerks. The former follow
up outside sellers by phone, mail,-'and personal visits in order -to
expedite deliveries. The latter schedule and follow up shop orders.
None of these employees have either supervisory duties or access to con-
fidential labor information. We shall include them in the unit.
Miscellaneous. This category includes, among others, the reception-
,ist and P. B. X. operator neither of whom, it appears, comes into pos-
session of confidential labor information in the ordinary course of
their duties. We shall include them in the unit. The Company also
seeks to -exclude the tool man in the methods department. This in-
dividual orders tools from orders' given to him, and keeps file records
as to tool-progress. Since his work is clerical in nature and comprises
no` confidential or supervisory duties, we shall,'include him.
Defense' Plant Corporation department. This department eon'sists
of three employees who' were hired at the request of the Defense Plant
Corporation, a Government-owned corporation, and work under the
supervision of one of its representatives. While the Company pays
their salaries it'is reimbursed therefor by the Defense Plant Corpora-
tion. - We shall exclude these employees from the unit.
Cost and time departments. The Company contends that the em-
ployees of these departments ought not to be included- in the unit
because at some time in the indefinite future these departments will be
moved to the main accounting office of the ,Company situated some
miles distant in another plant of the Company. However, since the
removal of these departments to the main accounting office is not to
occur within any definite period in the near future, and since they now
constitute an, integral part of the Aviation Division's' office' force, we
shall iriclude•them in the unit. .
Secret'a'ries to heads of departments. MESA would include some of
these secretaries, while excluding others. The Company seeks to ex-
clude all of them. There is no evidence in the record which would
justify the differentiation suggested' by MESA. Since all depart-
ment heads occupy supervisory positions with the Company, it is ap-
parent that they and in turn their secretaries have access to confiden-
tial information concerning labor relations. Accordingly, we shall
exclude all secretaries to department heads from the unit."
° See Matter of Oliver Farm Equipment Company, 53 N. L. R. B. 1078.
° Matter of Chrysler Corporation, 36 N. -L. R. B. 157; Matter of General Cable Corpora-
tion, 55 N. L. R. B. 1143.
ELECTRIC„AUTO LITE COMPANY 727-
y r
We find that all salaried office employees in the Company's Aviation
Division plant, including the time-study, planning, mail, receiving,
cost, time" and miscellaneous departments but excluding all employees
of the personnel department, all secretaries 'to heads of departments,
the employees in the Defense Plant Corporation department, and all
or any other- 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.
In the Champlain Street plant, Case No. 8-R-1504, MESA seeks a
unit of all salaried employees in the planning department, excluding
the m'anager and two of six assistant managers.' The Company
contends that a plant-wide unit of office employees is the appropriate
unit. In the alternative, if the Board should find the planning depart-
ment unit' appropriate, the Company urges the exclusion of the man-
ager; all assistant managers, the two material purchasing supervisors,
and the secretary to the manager. The planning department is lo-
cated in a room of its own and its employees perform functions dif-
fering from that of other office employees in the plant. Since there
is no evidence in the record that any other union is attempting to
organize the office employees of the plant in question in a broader unit,
we are of the opinion that a unit limited to employees of 'the planning.
department is appropriate at present. We shall exclude from the unit'
the manager, all the assistant managers , and the two material pur-_
chasing supervisors since the evidence indicates that they all come
within the customary definition of supervisory employees. We shalt
also '-exclude - the secretary -to the planning manager because of the -
confiden'tial nature of her duties.
We find that all salaried employees of the planning department in
the Company's Champlain Street plant excluding the planning,man-
ager, the assistant planning managers, the material purchasing super-
visors, secretary to the planning manager, 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 em-
0
7 At the present time, MESA is the representative of and has individual contracts with
the Company covering the tool and die division , methods division , engineering draftsmen,
and nurses at the Champlain Street plant of the Company. '
728 DECISIONS , OF NATIONAL LABOR RELATIONS BOARD
ployees in, the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
hearing; subject to the limitations' and additions set forth in the
Direction:
DIRECTION OF ELECTIONS
By' virtue of and pursuant to, the power vested in the National
Labor, Relations Board by Section 9 (c) of the National Labor Rela-
tions 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 Electric Auto Lite
Company, Toledo, Ohio, elections 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 Eighth Region,,acting in this matter as agent for the
National Labor, Relations Board; and subject to Article III, Sectiods
10 and 11, of said Rules and Regulations, among the employees in the
units found appropriate in Section IV, above, who were employed dui
ing the pay-roll period immediately preceding the date of this Direc-
tion, 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, to.determine whether
,they desire to be represented by Mechanics Educational' Society of
America, Local 4, unaffili - ced, or by International Union, United
Automobile, Aircraft & Agricultural Implement Workers of America,
`Local 12,. affiliated with the Congress of Industrial Organizations, for
the, purposes of collective bargaining, or by neither.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Elections. .