Hercules Motors Corp.

National Labor Relations Board - Board Decisions

Dec 7, 1945

64 N.L.R.B. 1252 (N.L.R.B. 1945)

In the Matter Of HERCULES MOTORS CORPORATION and INTERNATIONAL
UNION, UN rEF:n AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS or AMERICA, C. I. O.
Case No. 8-R-190-11.-Decided December 7 , 1915
Messrs. John G. Ketterer and M. C. Kuep fer , of Canton , Ohio, for
the Company.
Mr. William E. Fowler, of Canton, Ohio , and Mr . Louis Didasse,
of Cleveland , Ohio, for the Union.
Mr. Joseph D. Manders , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIDE CASE
Upon an amended petition duly filed by International Union, United
Automobile, Aircraft &-, Agricultural Implement Workers of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Hercules Motors Corporation, Canton, Ohio, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before George F. Hayes, Trial Examiner.
The hearing was held at Canton, Ohio, on August 6, 1945. The Com-
pany 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 opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. TIME BUSINESS OF THE COMPANY
Hercules Motors Corporation, an Ohio corporation, is engaged in
the manufacture of Diesel and gasoline engines. The Company's sole
plant, located at Canton, Ohio, is involved in the present proceeding.
64 N. L. R. B., No. 210.
1252
HERCULES MOTORS CORPORATION 1253
During 1944, the Company purchased raw materials valued in excess
of $1,000,000, all of which was shipped from points outside the State
of Ohio. During the same period, the Company manufactured fin-
ished products valued in excess of $1,000,000, 75 percent of which 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, and we so find.
IT. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. TILE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees -until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, 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.
IV. TILE APPROPRIATE UNIT
The Union seeks a unit consisting of all hourly rated production
and maintenance employees at the Company's plant, excluding guards,
metallurgical employees,' planning engineers, confidential employees,
office and clerical employees, and foremen. The Company agrees gen-
i The Field Examiner repo ted that the Union submitted 1,650 application cards, and
that approximately 4,568 employees are in the proposed unit He further reported that a
spot check of the Union's cards, which were all currently dated, was made against the
Company's pay-roll list, resulting in a 31 percent interest showing by the Union
The Field Examiner further reported that the International Association of Machinists
(A. F. L.) and the United Automobile Workers of America (A. F. L ) were requested to
submit representation evidence, but failed to do so.
At the hearing, the Company objected to the admission of the Field Examiner's report,
contending, in effect, that the Union's showing was insufficient inasmuch as it was allegedly
predicated upon a "spot check" of only 200 cards The Trial Examiner overruled the
Company's objection; and his ruling is herewith affirmed The submission of application
cards is an administrative expedient adopted by the Board in order to determine whether
the petitioner has made a sufficient showing to justify proceeding with an investigation
We perceive no impropriety in the device of using a "spot check" to ascertain the sufficiency
of such a showing Moreover, we are satisfied that the Union has made a sufficient show-
ing Soo Matter of 1,,'asfern Gas and Fuel As.soeiates (Sveieft Works), 64 N I, R B 983
Hatter of Servel, Inc., 58 N I, R. B. 5
It will. however, lie unnece'sarv to discuss the uiot,,Ilurgieal emploees, inasmuch as
the Company employs no persons within that category
1254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
erally as to the types of employees to be included in the unit, except
that it would also include experimental workers, carpenters, toolroom
employees, time checkers and time clerks, leadmen, and assistant fore-
men, all of whom the Union would exclude.
Experimental workers, carpenters, and toolroom employees: The
experimental workers perform tasks requiring technical knowledge of
engines and dynamometers. The carpenters are engaged in operations
usually associated with their trade. The toolroom employees spend
75 percent of their time at machines, producing and repairing tools,
and their remaining time is devoted to performing general production
work. All three categories of employees perform their work in close
proximity to that of the production workers. They are all hourly
paid. Under all the circumstances, we are of the opinion that the ex-
perimental workers, carpenters, and toolroom employees have in-
terests, duties, and working conditions which closely ally them to the
hourly rated production and maintenance workers. Accordingly, we
shall include the experimental workers, carpenters, and toolroom em-
ployees in the unit hereinafter found appropriate .3
Time checkers and time clerks: The Company employs time checkers
and time clerks in its time department, which is under separate super-
vision. These employees report to the time office located in the plant.
The time checkers work throughout the plant, keeping a constant
.check on the work time of the hourly paid and piece-rate employees.
The time clerks work in the time office and perform various types of
clerical work, including the preparation of absentee and work-time
reports. The time checkers and substantially all the time clerks re-
ceive an hourly rate of pay.
The Company's contention that the hourly paid time checkers and
time clerks be included within a unit of hourly paid employees is
based primarily upon the fact that these employees were included in
such a unit prior to 1939. We do not regard this isolated and remote
instance of collective bargaining as controlling herein. Because of
the dissimilarity of interests between timekeepers, who are primarily
engaged in clerical work, and production workers, the Board generally
refuses to commingle these diverse groups of employees in the same
unit.' We are not persuaded that the facts herein warrant a different
result. Accordingly, we shall exclude the time checkers and time
clerks from the unit.
Assistant foremen acid leadmmen: The assistant foremen devote their
time primarily to the inspection of finished products, checking upon
3 There is no labor organization, other than the petitioning union, seeking to represent
these employees.
4 The Company would exclude the time clerks isho receive a salary.
5 See Matter of National Tool Company, 51 N. L R B 897, Matter of Bendy Aviation
Corporation (Phtiladelphia Division), 53 N. L. R. B. 869; Matter of Sullivan Drydock and
Repair Corp., 56 N. L. R. B 582; Matter of Douglas Aircraft Company, Inc., 60 N L R B
876.
HERCULES MOTORS CORPORATION 1255
the quality of the assembly work and machine work performed by pro-
duction workers. Some of the assistant foremen perform production
operations in addition to their inspection work. The leadmen devote a
substantial amount of their time to the instruction of inexperienced
employees in the Company's diverse manufacturing processes. The
record does not indicate whether or not leadmen perform production
work. The assistant foremen and leadmen are paid on an hourly
basis. Neither the assistant foremen nor leadmen possess the authority
to hire and discharge. Although an assistant foreman may refer,
complaints concerning the workmen under his supervision to a fore-
man, the latter, after ascertaining the facts relevant to the complaint
from both the workmen involved and the assistant foreman, makes an
independent disposition of the matter. Under the circumstances,
we find that the assistant foremen and leadmen do not possess super-
visory authority within the Board's customary definition and we shall,
therefore, include these employees in the appropriate unit.
We find that all hourly rated production and maintenance employees
at the Company's Canton, Ohio, plant, including assistant foremen,
leadmen, experimental workers, carpenters, toolroom employees, but
excluding guards, time clerks and time checkers, foremen, and all or
any other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing 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-
ployees 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 6
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 Relations 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 Hercules Motors
Corporation, Canton, Ohio, an election by secret ballot shall be con-
ducted as early as possible, but not later than sixty (EO) days from
° The Union waived any right to object to this election because of the charges it filed
against the Company in Matter of Hercules Motor Corporation , Case No 8-C-1790.
1256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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,
Sections 10 and 11, of said Rules and Regulations, among 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 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 deter-
mine whether or not they desire to be represented by International
Union, United Automobile, Aircraft & Agricultural Implement
Workers of America, C. I. 0., for the purposes of collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.