International-Plainfield Motor Co.

National Labor Relations Board - Board Decisions

Apr 5, 1946

67 N.L.R.B. 92 (N.L.R.B. 1946)

In the Matter Of INTERNATIONAL-PLAINFIELD MOTOR COMPANY and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL NO. 343, CIO
Case No. f-R-6042.Decided April 5i 1946
Chadbourne, Wallace, Parke & Whiteside, by Mr. Dwight R. Collin,
of New York City, for the Company.
Rothbard, Harris & Oxfeld, by Messrs. Emil Oxfeld and Abraham
L. Friedman, of Newark, N. J., for the Union.
Mr. Samuel G. Hamilton, 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, Local
No. 343, CIO, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
International-Plainfield Motor Company, Plainfield, New Jersey,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Robert
Silagi, Trial Examiner. The hearing was held at Newark, New
Jersey, on January 21, 1946. 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 evi-
dence 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. THE BUSINESS OF THE COMPANY
International-Plainfield Motor Company is a New Jersey corpora-
tion whose stock is owned by Mack-i^'lanufacturing Corporation. At
Plainfield, New Jersey, the Company operates its parent's Factory
67 N. L. R. B., No. 9.
92
INTERNATIONAL-PLAINFIELD MOTOR COMPANY u3
Division, which is the plant involved in this proceeding. The Com-
pany is there engaged in the manufacture of motor trucks, busses, fire
apparatus, and similar products. The principal raw materials used
by the Company in its manufacturing operations are steel and other
metals. During the year 1945 the Company purchased raw materials
valued in excess of $1,000,000, of which at least 50 percent was shipped
from points outside the State of New Jersey. During the same period,
the Company sold more than $1,000,000 worth of manufactured prod-
ucts, of which at least $1,000,000 worth represented shipments to
points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, Local No. 343, is a labor organi-
zation affiliated with the Congress of Industrial Organizations, admit-
ting 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 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 em-
ployees 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. THE APPROPRIATE UNIT
The Union seeks a unit comprising all powerhouse engineers of the
Company, excluding supervisory employees. The Company con-
tends, contrary to the Union, that all powerhouse engineers are super-
visory employees.
There are two power plants known as the Second Street Power Plant
and the Front Street Power Plant. Three of the six engineers are
classified as shift engineers and three as chief engineers . All engi-
neers are licensed by the State of New Jersey.
^ The Field Examiner reported that the Union submitted five application and authoriza-
tion cards, and that there are approximately six employees in the alleged appropriate unit.
94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Shift engineers
The night shift engineer at the Second Street Power Plant 2 operates
on the same shift with the chief engineer in charge of the plant at
night. He alternates with the chief engineer in taking readings.
Although he is classified as a shift engineer he is not now in charge
of a shift, and the Company does not claim that he has the right to
recommend the hire or discharge of employees. This employee re-
ports to the night chief engineer at the Second Street Power Plant.
The assistant to the chief engineer on the day shift at the Second
Street Power Plant 3 helps to start the machines, takes readings of the
meters and checks the pumps. He also transmits orders of the chief
engineer to the firemen, coal passers, and mechanics. Although he is
classified as a shift engineer, he operates the plant only during the
absence of the chief engineer, and then.only during 5 days of the
week. Apparently he has never made any recommendations with
respect to hiring, discharging, or disciplining of employees. The
night shift engineer at the Front Street Power Plant 4 operates this
plant during the night shift except on Sunday, when he relieves the
chief engineer in charge of the day shift at the Second Street Power
Plant. He has never made any recommendations with respect to
hiring, discharging, or disciplining of employees, nor has he been
told that he has such authority. Under all the circumstances, we find
that the three shift engineers are not supervisory employees within
the meaning of our customary definition.
Chief engineers
The night chief engineer at the Second Street Power Plant 5 is in
charge of the plant during the night shift. He keeps all the equip-
ment in order, starts and stops turbines and generators, maintains
proper electrical voltage, and keeps a log of meter readings. He is
assisted by a shift engineer and a fireman. He reports such ineffi-
ciency and lack of attention on the part of employees on his shift
which affect the safety of the plant to his immediate superior, the
chief engineer operating on the day shift, as well as the maintenance
superintendent and the plant superintendent. He testified that he
understands his duties to be those of an operating engineer in charge
of a shift, limited by the requirements of his license and the license
laws, which place the responsibility for the operation and, safety of
the plant, employees, and equipment on the engineer in charge of a
2 Albert Kisko.
2 E. Sutter.
* J. McGovern.
2 John Kisko.
INTERNATIONAL-PLAINFIELD MOTOR COMPANY 95
plant. The day chief engineer at the Front Street Power Plant"
operates this plant during the day shift. He supervises a fireman,
and a coal passer and millwright, *1 arranges for, and issues in-
structions to the night shift engineer,to take charge of the plant
during his absence. He interviews applicants for firemen positions,
and, apparently, his advice has frequently been followed by the Com-
pany. The day chief engine)- at the Second Street Power Plant 7
operates this plant during the day shift. He supervises a shift
engineer and five other employees. He also checks and signs time
cards. He passes on the qualifications of applicants for positions as
firemen and apparently his favorable opinion frequently, if not al-
ways, has been followed by their employment by the Company.
Reports of the chief engineers concerning the unreliability of em-
ployees under their supervision have been followed by the transfer,
forced resignation, or discharge of the employees involved. Under
all the circumstances, we are convinced that they are supervisory em-
ployees within the meaning of our customary definition. Accord-
ingly, we shall exclude the chief engineers from the unit.
We find that all engineers of the Company classified as shift en-
gineers, excluding engineers classified as chief engineers, and all
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 employees
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.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
6 George C. Hadley
4 C. B Freeland.
96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with International-
Plainfield Motor Company, Plainfield, New Jersey, 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 Second 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 em-
ployees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-A
selves 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 International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, Local No. 343, CIO, for the purposes of collective bargaining.