Rockford Machine Tool Co.

National Labor Relations Board - Board Decisions

Dec 14, 1945

64 N.L.R.B. 1400 (N.L.R.B. 1945)

In the Matter of ROCKFORD MACHINE TOOL Co. and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 13-R-3211.-Decided December 14,1945
Messrs. Kenneth R. Hays, R. E. Herrstrum, and Elmer H. Hallberg,
of Rockford, Ill., for the Company.
Messrs. E. P. Roose and Harold A. Benson, of Rockford, Ill., 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 United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Rockford Machine Tool Company, Rockford, Illinois,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Leon A.
Rosell, Trial Examiner. The hearing was held at-Rockford, Illinois,
on September 19, 1945. 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. The Trial Examiner's rulings made at the hear-
ing 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
I. THE BUSINESS OF THE COMPANY
Rockford Machine Tool Company has its plant and offices at Rock-
ford, lllinois, where it is engaged in the manufacture of machine tools.
During the year 1944, the Company's purchases amounted to more than
1 On September 18, 1945, International Association of Machinists , A. F. of L., filed a
waiver and disclaimer of interest in this proceeding.
64 N. L. R. B., No. 231.
1400
ROCKFORD MACHINE TOOL CO. 1401
$150,000, of which more than 50 percent calrie from points outside the
State of Illinois. During the same period, the Company's sales
amounted to more than $150,000, of which at least 50 percent was
shipped to points outside the State.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
1I. THE ORGANIZATION INVOLVED
United Electrical, Radio .E Machine Workers of America, affiliated
with the Congress 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 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 Field Examiner, introduced into evidence
at the hearing, indicates that the Union represents a substantial
number of employees 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.
Iv. THE APPROPRIATE UNIT
The parties are in general agreement concerning the composition
of a unit of production and maintenance employees. There exists,
however, some question with respect to the inclusion of certain
classifications which are discussed below.
Timekeeper: The Union would exclude, whereas the Company would
include, the timekeeper. This employee performs functions usually
associated with his classification. In accordance with our customary
practice when there is no history of collective bargaining we shall
exclude him.3
. Cafeteria employees: The Union would exclude, whereas the Com-
pany would include, the two cafeteria employees who are engaged in
preparing and serving food to employees of the Company. They are
under the cafeteria and kitchen group leader 4 who admittedly has
2 The Field Examiner reported that the Union submitted 125 application -for-membership
cards ; that there were approximately 185 employees in the unit alleged to be appropriate ;
and that 41 of said application cards were dated between Julie and December 1944, 23
between March and June 1945 , 46 in July and August 1945, and 15 were undated.
See Matter of Sandy Rill Iron d Brass Works, 58 N . L R B 949.
Del Bland.
1402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
supervisory authority. Inasmuch as the functions of cafeteria em-
ployees are not related to the production process, and their interests
are somewhat different from those of the production and maintenance
employees, we shall-exclude them from the unit.'
Steel cut-off department group leader: 6 The Union would include,
whereas the Company would exclude, the group leader in the steel
cut-off department. During the past year this employee has supervised
from one to three employees. He is responsible for maintaining the
material inventory records in his department, as well as for its super-
vision. He engages in production work with the other employees in
his group when he is not otherwise occupied. The record is not
entirely clear as to his authority to recommend effectively the transfer
of an employee under his supervision. At one point in his testimony,
he denied that he had such authority, or the authority to recommend
"in writing" the promotion of an employee. At other points, however,
he cited specific instances where his "requests" for "help," for the
release of an employee, and for a wage increase were followed by
transfers to and from his department, and by a wage increase, respec-
tively. His duties and authority are substantially the same as those
of the two group leaders the parties have agreed to exclude. The
three group leaders, like foremen, are in charge of their respective
departments. Under all the circumstances disclosed by the record,
we are convinced that the steel cut-off department group leader is a
supervisory employee within the meaning of our usual definition.
Accordingly, we shall exclude him from the unit.
Assistant foremen: The Union would exclude, whereas the Company
does not clearly declare its position concerning eight employees in
this classification . The assistant foremen are skilled machinists.
They set-up machines, transmit orders respecting production, oversee
the work of small groups of employees, distribute work, or operate
machines . The testimony is undisputed that their regular duties are
to assist the foremen in production, and that they do not possess, and
have never exercised , authority to recommend the hire, discharge, disci-
pline, or promotion of employees. We shall accordingly include them
in the unit.
Outside service machinists: The record is not clear as to the position
of the parties with respect to five employees who are outside service
machinists and who bear the classification of "machinists all around."
It would appear from the record that the Union desires their exclusion.
These employees are experienced machinists, who spend a portion of
their time in production work at,the plant, being assigned to a par-
5 See Matter of The Harrison Steel Castings Company , 63 N. L R B 585; Matter of
Mock, Judson , Voehringer Company of North Carolina , Inc., 63 N L R B. 96
6 Art Harms.
ROCKFORD MACHINE TOOL CO. 1403
titular foreman by the superintendent. Unlike the production and
maintenance employees who are paid on an hourly basis, these em-
ployees are paid a weekly salary. While away from the plant they
are entitled to a travel expense account. Under normal conditions
they spend at least one-half of their time away from the plant in the
instruction of customers in the use of products manufactured by the
Company, and in the repair and installation of machines. Since their
primary function requires work in the field and the application of
skills not demanded of production and maintenance employees, we
shall exclude them.7
In accordance with our foregoing findings and the agreement of the
parties, we find that all production and maintenance employees of the
Company, including the assistant foremen, but excluding the time-
keeper, cafeteria employees, outside service machinists, deputized
guards, office employees, executives, foremen, the steel cut-off depart-
ment group leader, the stockroom group leader," and all other super-
visory 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-
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.
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 Rockford Machine
Tool Company, Rockford, Illinois, an election by secret ballot shall be
conducted as early as possible, but not later than sixty (60) 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
r See Matter of National Tank Company , 62 N L R B 899.
Finer Gustafson.
1404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 , including employees who did not work during
the said pay -roll period because they were ill or on vacation or tem-
porarily 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 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
United Electrical , Radio & Machine Workers of America, C. I. 0.,
for the purposes of collective bargaining.