Northern Chemical Industries, Inc.

National Labor Relations Board - Board Decisions

Mar 6, 1959

123 N.L.R.B. 77 (N.L.R.B. 1959)

NORTHERN CHEMICAL INDUSTRIES, INC. 77
right may be affected by an agreement requiring membership in a labor
organization as a condition of employment, as authorized in Section 8(a)(3)
of the Act.
WE WILL offer to James Adair, Louis Valentino , John Maio , and Charles
Gallagher immediate and full reinstatement to their former or substantially
equivalent positions without prejudice to their seniority or other rights and
privileges previously enjoyed , and make them whole for any loss of pay
suffered as a result of the discrimination against them.
All of our employees are free to become, remain , or to refrain from becoming
or remaining , members in good standing in the above -named Union or any
other labor organization, except to the extent that this right may be affected by
an agreement in conformity with Section 8 (a) (3) of the Act.
TABULATING CARD COMPANY, INCORPORATED,
Employer.
Dated------------------- By-------------------------------------------
(Representative ) (Title)
This notice must remain posted for 60 days from the date hereof , and must not be
altered, defaced, or covered by any other material.
Northern Chemical Industries , Inc., The Summers Fertilizer
Company, Inc. and Local 650, International Chemical Workers
Union, AFL-CIO, Petitioner. Case No. 1-RC-5031. March 6,
1959
DECISION CLARIFYING CERTIFICATION OF
REPRESENTATIVES
On June 13, 1958, following a Board-directed election,'- the
Regional Director for the First Region certified the Petitioner as
bargaining representative of employees in the appropriate unit.
Thereafter, on September 22, 1958, the Petitioner filed a motion
for clarification of the bargaining unit with respect to certain job
classifications. On November 17, 1958, the Board remanded the
proceeding to the Regional Director for the purpose of conducting
a hearing on the issues raised in the Petitioner's motion.
On December 18 and 19, 1958, in accordance with the above order,
a hearing was held before Thomas E. McDonald, hearing officer.
The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, the Board has delegated its powers herein to a
three-member panel [Members Rodgers, Bean, and Fanning].
Upon the basis of the evidence adduced at the hearing and on
the entire record in this case , the Board finds:
The Employer, contrary to the Petitioner, contends that the indi-
viduals in the following nine classifications are supervisors and
are excluded from the unit.
i Unpublished.
123 NLRB No. 4.
78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Summers Fertilizer Company, Inc.
Leadman: Since June 5, 1958, the Employer has redesignated this
classification as foreman. There are presently three individuals
having this job title. During the months of June through October,
Summers' slack period, these leadmen or foremen do production
work on a single shift. However, during the remainder of the
year they are each in charge of a shift and responsibly direct from
15 to 20 employees. They assign work to their subordinates and
can transfer them from job to job. They attend meetings of
supervisors. We find that the leadmen are supervisors and are
excluded from the unit.
Northern Chemical Industries, Inc.
Pipefitter leadman: Since June 5, 1958, this classification has
been designated as pipefitter foreman. The individual. holding this
job responsibly directs the work of the 10 to 15 pipefitters in the
pipefitting department. He exercises independent judgment in
assigning jobs to his subordinates and is responsible for all pipe-
fitting at the plant. He has the authority to discipline and has in
several instances effectively recommended promotions for subor-
dinates. He also has authority effectively to recommend discharge.
We find that the pipefitter leadman is a supervisor and is excluded
from the unit.
Assistant master mechanic : This man regularly and responsibly
assigns and directs the work of the mechanical department com-
prising about 30 employees. He is responsible for, and uses
judgment in, laying out all mechanical work at the plant. His
subordinates include millwrights, laborers, machinists, welders, and
mechanics. The uncontradicted testimony of his immediate super-
visor, the master mechanic, is that he has the authority to discipline
his subordinates and effectively to recommend discharge and promo-
tion. We find that the assistant master mechanic is a supervisor
and is excluded from the unit.
Electrical leadman: Since June 5, 1958, this classification has
been changed to electrical foreman. In addition to an admitted
supervisor, the electrical department consists of four men including
the electrical leadman. The Employer thus contends that the de-
partment has two supervisors for three rank-and-file employees,
a disproportionate ratio.
The leadman receives work orders, principally from the depart-
ment supervisor, and directs the other three employees who act
as his helpers in accomplishing them. Aside from the leadman, who
has had over 40 years' experience, there are no first-class electricians
NORTHERN CHEMICAL INDUSTRIES , INC. 79
in the department . Such direction or judgment as the leadman
exercises is that usually exercised by an experienced mechanic with
respect to less skilled helpers.
We find that the relationship of the leadman to the other em-
ployees in the department is not supervisory within the Act's defi-
nition and deem him included in the unit.2
Instrument leadman : This classification has been designated as
instrument foreman since June 5, 1958 . The instrument department
is supervised by an instrument supervisor . The instrument lead-
man spends 80 to 90 percent of his time working with his tools.
He relays orders from the instrument supervisor and looks after
the work in the department. He does not have the authority
effectively to recommend hire or discharge or to enforce discipline.
It appears that the leadman recommended the promotion of one
instrument man on the basis of craft proficiency . However, it
further appears that the leadman does not regularly have or exercise
authority effectively to recommend promotions. The leadman lays
out work for other instrument men, but such judgment and direc-
tion as he exercises is of the kind exercised by an experienced
mechanic. The instrument men normally look to the department
supervisor for work assignments and the resolution of problems
arising from their work . The leadman acts as department super-
visor when the department supervisor is on vacation . We find that
the instrument leadman is not a supervisor and is included in the
unit.
Powerhouse leadman: This classification has been changed to
assistant engineer. It appears that this individual acts as assistant
to the chief engineer, who is in charge of the powerhouse. The
powerhouse department consists of 15 men, including 4 watch
engineers and the powerhouse leadman. A watch engineer is in
charge of each powerhouse shift of three men. The powerhouse
leadman assisted by a fireman and an engineer's helper spends a
considerable portion of his time as a mechanic in the maintenance
of the powerhouse. In addition, he trains new powerhouse employ-
ees and gives safety instructions to the powerhouse employees.
The leadman relays orders from the chief engineer to the watch
engineers and from time to time acts as a watch engineer when
one of them is absent. The leadman does not have authority to
discipline, or effectively to recommend personnel changes. On
occasions when the chief engineer is absent from the plant his
duties are assumed by the leadman. In emergency situations the
leadman can call powerhouse employees to the plant and authorize
overtime. However, it does not appear that the leadman regularly
2 United States Gypsum Company , 118 NLRB 20, 29.
80 DECISIONS OF NATIONAL LABOR RELATIONS. BOARD
and responsibly directs the work of powerhouse employees. Whatever
supervisory authority he exercises is of a sporadic and irregular
nature, insufficient to constitute him a supervisor within the mean-
ing of the Act.3 Accordingly, Nye find that the powerhouse leadman
is not a supervisor and is included in the unit.
Shipping leadman: This classification has been redesignated ship-
ping and bagging foreman. The shipping leadman regularly and
responsibly directs the work of 25 to 35 men, including 2 or 3
shift leadmen. He is in charge of the bagging and shipping of
superphosphate and exercises independent judgment in carrying
out his duties. He assigns work and has the authority effectively
to recommend personnel changes. We deem the shipping foreman
excluded from the unit as a supervisor.
Superphosphate leadman: The classification of Otto Wellman,
whose supervisory status is in dispute, has been changed from
superphosphate leadman to superphosphate plant foreman. The
parties do not dispute the nonsupervisory status of the three remain-
ing leadmen. Wellman works with a shift in the manufacture
of superphosphate. He relays orders from the general foreman
to the leadmen. Welhnan's work involves checking the machinery
and watching the process. He does not originate orders and does
not exercise independent judgment in connection with the work.
Wellman and the three leadmen work on rotating shifts. A job
description prepared by the Employer states that the superphosphate
leadman has the authority effectively to recommend personnel
changes. However, it does not appear that Wellman was apprised
of, or exercised, such authority prior to the hearing. During the
2 months that production is slack Wellman directs a plant cleanup
crew, but such direction as he exercises is at this time of a routine
nature not requiring the exercise of independent judgment. We
find that Wellman, either as superphosphate leadman, or superphos-
phate plant foreman, is not a supervisor and is included in the unit.
Senior store cleric: The senior store clerk works with four junior
store clerks in five warehouses under the supervision of the head
storekeeper. The senior store clerk makes out requisitions, oversees
the receipt of materials and keeps records. During the infrequent
absences of the head storekeeper the senior store clerk assumes his
duties. The head storekeeper testified that the senior store clerk
had the authority effectively to recommend personnel changes and
enforce discipline. However, it does not appear that the senior
store clerk has ever been advised of, or exercised such authority.
The senior store clerk directs the work of the junior clerks on the
orders of the head storekeeper and from time to time on his own.
3 United States Gypsum Company, 116 NLRB 1771, 1773.
NORTHERN CHEMICAL INDUSTRIES, INC. 81
However, such direction is of a routine nature not requiring inde-
pendent judgment. Directions requiring independent judgment
originate with the head storekeeper or higher supervisory authority.
At least 50 percent of the senior store clerk's time is devoted to
physical work, including the driving and unloading of trucks.
. If the senior store clerk is assumed to be a supervisor, the super-
visor to employee ratio would be a disproportionate two to four.
We find that the senior store clerk is not a supervisor and is included
in the unit.
In view of the foregoing, we shall amend our certification of
representatives with respect to the employees included in the unit
by specifically excluding the individuals in the classifications listed
in Appendix A attached hereto and specifically including in the
unit the employees in the classifications set forth in Appendix B.
[The Board amended the certification of representatives issued
to Local 650, International Chemical Workers Union, AFL-CIO,
in Case No. 1-RC-5031 to exclude specifically the individuals in
the classifications set forth in Appendix A and to include specifically
the employees in the classifications listed in Appendix B attached
hereto.]
APPENDIX A
EXCLUDED CLASSIFICATIONS
The Summers Fertilizer Company, Inc.
1. Leadmen ( foremen)
Northern Chemical Industries, Inc.
1. Pipefitter leadman ( pipefitting foreman)
2. Assistant master mechanic
3. Shipping leadman ( shipping and bagging foreman)
APPENDIX B
INCLUDED CLASSIFICATIONS
Northern Chemical Industries, Inc.
1. Electrical leadman (electrical foreman)
2. Instrument leadman (instrument department foreman)
3. Powerhouse leadman (assistant engineer)
4. Superphosphate leadman (superphosphate plant foreman)
5. Senior store clerk
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