Houdaille-Hershey Corp.

National Labor Relations Board - Board Decisions

Dec 29, 1944

59 N.L.R.B. 1292 (N.L.R.B. 1944)

I
In the Matter of OAKES PRODuofis DlvisioN OF HOUDAILLE -HERSHEY
CORPORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIR-
CRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMER[CA (UAW-
CIO)
Case No. 13-R-.676.-Decided December 29, 1944-
Messrs. F. A. Smith and William K. Collins, of North Chicago, Ill.,
and Mr. John IV. Cofer, of Detroit, Mich., for the Company.
Meyers and Meyers, by Mr. Ben Meyers, and Air. Grady Bishop, of
Chicago, Ill., and Mr. Carl Benson, of North Chicago, Ill., for the
Union.
Mr. Julius Kirle, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America
(UAW-CIO),, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Oakes Products Division of Houdaille-Hershey Corporation, North
Chicago, Illinois, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Benjamin B. Salvaty, Jr., Trial Examiner. 'Said hearing was
held at Chicago, Illinois, on November 14, 1944. 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 on the issues. At the hearing,--the
Company moved to dismiss the petition. Ruling on the motion was
reserved for the Board. For reasons stated, in part, in 'Section IV,
infra, the motion is hereby denied.' The Trial Examiner's rulings
' We do not find any merit to the Company ' s further contention that the petition should
be dismissed because the Union has not designated a local to bargain for the employees in
the unit sought by the Union . See Matter of General Motors Corporation , 39 N. L. R. B.
1109; Matter of American Furniture Company, 4 N . L. R B. 710.
59 N L. R. B., No. 236.
1292
HOUDAILLE-HERSHEY CORPORATION 1293
made at the hearing are free from prejudicial error and are hereby af-
firmed. All parties were afforded an 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
Houdaille-Hershey Corporation , a Michigan corporation , is engaged
in the manufacture of component parts for tanks , steel shipping con-
tainers for shells, and air cleaners for jeeps and motorcycles. It oper-
ates plants in Illinois, Michigan , New York, and Canada. We are
concerned here with its Oakes Products Division , located at North
Chicago, Illinois. The Company 's Oakes Products Division uses
annually raw materials valued at approximately $750,000, of which 90,
percent comes from points outside the State of Illinois. The Com-
pany's Oakes Products Division produces annually finished products,
valued at approximately $1,500,000, of which 30 percent is shipped to.
.points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the Na tional Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America (UAW-CIO), affiliated with
the Congress of Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of the Company's em-
ployees until the Union has been certified by the Board in an appro-
priate unit. _
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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.
2 The Field Examiner reported that the Union submitted 24 cards, 19 of which were
undated and 1 was dated August 1944; and that there are 4,2 employees in the claimed
appropriate .upit.. _
1294 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The -Union seeks a unit of all office -and clerical emproyees- at the
Company's Oakes Products Division with inclusions and exclusions
hereinafter discussed . The Company contends that the petition should
be dismissed because ( 1) office employees have been expressly excluded
from the Union 's present contract with the Company covering the pro-
-duction and maintenance employees ; and (2 ), office employees are con-
fidential employees and are so closely aligned with management that
they do not constitute a bargaining unit.
The contention of the Company that the petition should be dis-
missed because office employees ,, have been expressly excluded from
the Union 's present-contract, with the Companycovering-the ' produc-
tion and maintenance employees has been considered by the Board and
found to be without merit. The Union is not precluded from repre-
senting office employees for the purposes of collective bargaining
merely because it has excluded them from its presently existing con-
tract with the Company covering the production and maintenance
employees.3 Nor is there any merit to the Company's second contention.
Office employees as such are not necessarily confidential employees.
While they may possess important information , the information
may, in no way , relate directly to the - problem of labor relations.
The. possession of important information is of itself insufficient
to j tAtify exclusion from the right to collective bargaining.' The
Company is in substantial agreement with the Union that aside
from the foregoing contentions the appropriate unit should include
clerks, stenographers ( except personnel stenographers ), clerk-typists,
comptometer operators , female timekeepers, and production and ship-
ping department clerks, but exclude the secretaries to the assistant
general manager, sales engineer , and the , plant auditor,' time-study
Imen, assistant purchasing agents, estimator , and supervisory em-
ployees . The parties , however , disagree-with respect to the, following
specific categories which the Union would include and the Company
exclude.
Personnel stenographers . The-Company employs two stenographers
in the personnel division who assist in preparing„employment records,
administer intelligence and aptitude tests, have access to all personnel
records,,and take-dictation o£minutes of'meetings pertaining ,to union
activities and negotiations between management and the-'Union. We
are of the opinion that these employees fall within our customary
3 See Matter of Intercontinent Aircraft Corpoi ation„ 50 N L It. B• 99'
4 See Matter of U. S. Automatic Corporation, 58 N. L. It B. 136.. .
6 The terms plant auditor and chief accountant appear to be used interchangeably' in
the record.
HOUDAILLE-HERSHEY CORPORATION 1295
definition of confidential employees and accordingly, we shall exclude
them c
Secretary -to the chief engineer. The Company employs one ste-
nographer in the engineering department who acts in the capacity of
secretary to the chief engineer. She writes letters for the chief en-
gineer and his assistant, who supervise the engineering department.
Since the chief engineer occupies a supervisory position with the
Company, it is apparent that he and in turn his secretary have access
to confidential information concerning labor relations. Accordingly,
we shall exclude her.7
Cost accountant and senior accounting clerks. There are 11 em-
ployees in the Company's accounting division who are supervised by
the plant auditor and the general accountant. Included among these
11 employees are the cost accountant and two senior accounting clerks.
The cost accountant compiles costs of production, assists in the prepa-
ration of the monthly cost statements, and allocates work throughout
the department. Since he does not appear to come within the Board's
definition of supervisory employees, we shall include the cost ac-
countant. The senior accounting clerks have charge of the accounts
payable and receivable ledgers, are paid weekly, and are responsible
to the plant auditor. Although the parties would exclude the senior
accounting clerks, we are of the opinion, and find, that like the cost
accountant, they do not fall within the Board's definition of super-
visory employees 8 and we shall include them.
Chief comptometer operator. The Company employs in its account-
ing division a chief comptometer operator who has charge of com-
puting the pay roll from the factory time slips, operates a comptom-
eter machine, and is under the supervision of the plant auditor. While
she distributes work to four other comptometer operators, we are of
the opinion that she does not come within the Board's definition of a
supervisory employee. We shall, therefore, include her in the unit.
Switchboard operator. The Company employs a switchboard op-
erator who is under the supervision of the plant auditor. She operates
a switchboard, does no typing or record keeping. Since it does not
appear that she has access to information of a sufficiently confidential
character relating to the labor relations of the Company to warrant
her exclusion, we shall include her.9
Male timekeepers and checkers. The Company employs 11 male
timekeepers who check the time of employees in the shop, keep part
See Matter of Electric Auto Lite Company, 57 N. L R. B. 723; Matter of General
Cable Corporation , 55 N. L. R. B 1143.
7 See Matter of General Cable Corporation, footnote 6, supra.
8 See Matter of Oliver Farm Equipment Company, 53 N. L. R. B 1078.
8 See Matter of South Bend Lathe Works , 59 N L. R. B. 562 ; Matter of General Cable
Corporation, footnote 6, supra.
618683-45-vol. 59-83
1296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
numbers and records of pieces produced. They check the count on
the machine counter against' the pieces produced to see if they tally,
and do clerical work for the foremen. We,shall include them.lo
Draftsman. The Company employs-two draftsmen in addition to
a chief draftsman who has been excluded as a supervisory employee.
One of these draftsmen prepares lay-outs from which detailed draw-
ings can be made; the other prepares the detailed drawings. Both are
on weekly salary. Since it appears-that their duties are of a technical
nature, we shall exclude them 11
Tool designer. The Company employs one tool designer who orig-
inates and designs tools. Since his duties, like those of the drafts-
men, are of a technical nature, we shall exclude him.
We find that all office and clerical employees of the Company's Oakes
Products Division, including clerks, stenographers (except personnel
stenographers), clerk-typists, comptometer operators, timekeepers and
checkers, both male and female, production and shipping department
clerks, cost accountant and senior accounting clerks in the accounting
division, chief comptometer operator, switchboard operator, but ex-
cluding the secretaries to the assistant general manager, sales engineer,
plant auditor, and chief engineer, time-study men, assistant purchasing
agents, estimator, personnel stenographers, draftsmen, tool designer,
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'12 constitute a unit
appropriate 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 Elec-
tion herein, subject to the limitations and additions set forth in'the
Direction.
10 See Matter of Oliver Farm Equipment Company, 53 N. L R B. 1078.
11 See Matter of International Harvester Company, West Pullman Works, 56 N. L. R B.
1111.
13 Excluded from the unit as falling within the above supervisory definition are the plant
auditor, general accountant , pay-roll and timekeeping supervisors, assistant general man-
ager, the personnel director , assistant personnel director , employment manager, safety
director, assistant safety director, who is a reglsteicd nurse, personnel department clerk,
sales engineer, purchasing agent , chief engineer , assistant chief engineer , chief draftsman,
production control manager, assistant production manager , material control supervisor,
standards engineer , and foreman in charge of the production stockroom.
HOUDAILLE -HERSHEY CORPORATION 1297
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 Rela-
tions 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 Oakes Products
Division of Houdaille -Hershey Corporation , North Chicago , Illinois,
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
Thirteenth 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 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, in-
eluding employees who did not work during the 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 not been
rehired or reinstated prior to the date of , the election , to determine
whether or not they desire to be represented by International Union,
United Automobile , Aircraft and Agricultural Implement Workers
of America (UAW-CIO), for the purposes of collective bargaining.13
'$ The Union requested that it be designated on the ballot as set forth above. The request
is hereby granted.