Sampsel Time Control, Inc.

National Labor Relations Board - Board Decisions

May 29, 1946

68 N.L.R.B. 419 (N.L.R.B. 1946)

In the Matter of SAMPSEL TIME CONTROL , INC. and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA, A. F. L.
Case No. 13-R-3445 -Decided May 29, 1946
Mr. James A . Mazzulla, of Chicago , Ill., for the Company.
Messrs. Joseph Marchesi and Robert Foley, of Peru , Ill., for the
UMWA.
Mr. Frank Geraci, of Oglesby , Ill., for the CIO.
Mr. John H. Wood , Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by District 50, United Mine Workers of
America, A. F. L., herein called the UMWA, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Sampsel Time Control , Inc., Spring Valley, Illinois, herein
called the Company , the National Labor Relations Board provided for an
appropriate hearing upon due notice before Leon A. Rosell , Trial Exam-
iner . The hearing was held at LaSalle, Illinois, on April 4, 1946. The
Company, the UMWA, and International Union of Mine Mill and
Smelter Workers, CIO, herein called the CIO, appeared and par-
ticipated . ' 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 ( a) to dismiss the
petition and (b) to deny to CIO a place on the ballot in the event of
a Board directed election . The Trial Examiner referred these motions
to the Board . For reasons stated hereinafter , both motions are hereby
denied . The Trial Examiner 's rulings made at the hearing are free
from prejudicial error and are hereby affirmed . All parties were afforded
full opportunity to file briefs with the Board.
' The International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, Local Union, No 159 (AFL), which was served with notice of hearing, filed a
waiver and disclaimer of any interest in this proceeding.
68 N L R B, No 54
696966--46- 28 419
420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Sampsel Time Control , Inc., is an Illinois corporation engaged in the
manufacture of time controls and pump switches at its plant in Spring
Valley, Illinois. During the year 1945, the Company purchased raw
materials valued in excess of $100,000, of which more than 60 percent
was transported to its plant from points outside the State of Illinois.
During the same year, the Company sold products valued at more than
$1,000,000, of which at least 80 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.
II. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, affiliated with the
American Federation of Labor, is a labor organization, admitting to
membership employees of the Company.
International Union of Mine, Mill and Smelter Workers, 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 UMWA
as the exclusive bargaining representative of its production and main-
tenance employees until the UMWA has been certified by the Board
in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the UMWA represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
S The Field Examiner reported that the UMWA submitted 300 authorization cards,
that, of these, 107 were signed by production and maintenance employees, 14 by assistant
foremen, and 7 by foremen, all of whom were listed on the Company's pay roll of January 20,
1946 At the hearing, the UMWA submitted 11 additional cards which, however, were
not checked against a company pay roll. There are approximately 348 employees in the alleged
appropriate unit.
The Company contends that the UMWA's showing of interest was not substantial in
view of the fact that 21 of the cards submitted were signed by foremen and assistant foremen
who, the Company argues, should be excluded from the unit. Insofar as the assistant foremen
are concerned, we have included all but 3 in our unit finding However, under any method of
computation, it is entirely clear that the UMWA has submitted evidence of representation.
SAMPSEL TIME CONTROL, INC. 421
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 UMWA seeks a unit consisting of all the Company's produc-
tion and maintenance employees, including class A, B, and C in-
spectors, plant clerical employees, truck drivers, watchmen- janitors, as-
sistant foremen,3 and assistant foreladies, but excluding office clerical
employees, planning department employees, engineering department em-
ployees, foremen, foreladies, first aid nurses, assistant superintendents,
superintendents, and executives. The CIO and the Company generally
agree to the appropriateness of the aforesaid unit and the sole disagree-
ment among them relates to the categories of employees discussed herein-
after.
Class A inspectors : Both the UMWA and the CIO would include
all class A, B, and C inspectors in the unit whereas the Company, while
agreeing to the inclusion of class B and C inspectors, contends that the
more highly skilled class A inspectors should be excluded. Class C in-
spectors check raw materials purchased by the Company, class B in-
spectors check subassemblies of the Company's products, and class A
inspectors make the final inspection of the finished products. None of
the inspectors has any supervisory authority or duties. Although the
work of class A inspectors requires greater technical skill and knowledge
than that of inspectors in classes B and C, we believe that all three classes
of inspectors have a community of interest which requires that they be
placed in the same bargaining unit. We shall include all inspectors in
the unit .4
Plant clericals: The UMWA seeks to include in the unit nine
clerks who keep work cards and records of production and material
movements at desks on the plant floor in the production, receiving, ship-
ing, and repair departments. The Company and the CIO wish to
by at least 30 percent of the employees in the appropriate unit. This is sufficient to satisfy
the Board' s administrative requirements.
The Field Examiner reported that the CIO submitted 150 authorization cards, of which
86 bore the names of employees appearing on the Company 's aforesaid pay roll . Of these 86
cards, 25 were signed in 1943, 48 in 1944, and 13 in 1945 . As previously stated, the Company
at the hearing moved that the CIO be denied a place on the ballot in any election ordered
by the Board on the ground that the 13 cards signed during 1945 constitute an insufficient
showing of interest . We find no merit in this contention because it is well established that an
intervening union need not show a substantial interest to be accorded a place on the ballot
See Matter of Triangle Hosiery Company, Inc, 65 N. L R. B. 69, Matter of Celanese Corpora-
tion of America, 56 N L. R B 447.
3 Except for three assistant foremen specifically excluded by agreement of all the parties,
as stated below.
4 Matter of General Cigar Co., Inc., 64 N. L. R. B. 300; Matter of Frick Company, 63
N L. R B. 837; Matter of Ideal Roller & Manufacturing Company, Inc., 60 N. L. R. B. 1105.
422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
exclude them. These employees work under the supervision of pro-
duction and maintenance department foremen.
As in other cases involving plant clerks, in the absence of agreement
among the parties to exclude them, we shall include the plant clerical
employees in the unit.5
Watchmen-janitors: Both the UMWA and the CIO wish to in-
clude the Company's five watchmen-janitors; the Company asserts
that they should be excluded because of their responsibility for plant
protection. The watchmen-janitors are neither armed nor deputized for
the performance of their duties which include inspection of the Com-
pany's property for fire and other hazards, checking the plant's en-
trances and exits during the hours of employee arrival and departure,
maintenance of the plant heating system, and other ordinary janitorial
duties. We shall include them 6
Truck drivers : Both unions wish to include the Company's three
truck drivers in the unit, whereas the Company wants them excluded.
The employees in question are engaged in transporting materials and
finished products to and from the Company's warehouses and in load-
ing and unloading the trucks. The only union which customarily repre-
sents track drivers separately has filed a waiver and disclaimer of any
interest in this proceeding and inasmuch as this leaves these employees
without any possibility of representation, we shall include them.
Assistant foremen: The parties are in agreement that 3 of the Com-
pany's assistant foremen who spend all their time supervising rank and
file production workers, should be excluded from the unit, but the
UMWA and CIO object to the exclusion of 15 other assistant foremen,
who devote a substantial part of their time to manual work. The Com-
pany wishes to have all assistant foremen excluded as supervisory
employees.
The 15 assistant foremen about whom there was no agreement at the
hearing may be divided into 2 groups according to the proportion of time
spent on direct production work; 11 of the employees are so engaged
more than 50 percent of their time, while 4 normally spend no more than
20 percent of their time in this way. Assistant foremen of both groups
supervise from 6 to 10 employees. The decisive factor, however, is,
as the record very clearly reveals, that none of these assistant foremen
has the authority to change or effectively to recommend a change in the
status of his subordinates..The assistant foremen report to higher officials
circumstances which might affect such status ; however, decisions on these
reports are made finally by department superintendents and personnel
Matter of Jasper Chair Company, 63 N. L. R B 632, Matter of Goodman Manufacturing
Company, 58 N. L. R. B. 531.
6 Matter of Andrew Jergens Company, 64 N L R. B 989; Matter of E I. du Pont de
Nemours & Company Inc., Rayon Division, 62 N. L. R. B 146, Matter of Ideal Roller &
Manufacturing Company, supra.
SAMPSEL TIME CONTROL, INC. 423
officials who give no weight to recommendations which assistant fore-
men might attach to their reports. In view of the foregoing, we find
that these assistant foremen are not supervisors within the Board's
customary definition. We shall include them in the unit, with the ex-
ception of the 3 assistant foremen? who, all parties agree, should be ex-
cluded from the unit.
Assistant foreladies : The UMWA and the CIO both seek the in-
clusion in the unit of the assistant foreladies, but this is opposed
by the Company. These employees assist the foreladies who are re-
sponsible for the supervision of the women operators of the Company's
several assembly lines. As stated above, the parties have agreed to ex-
clude the foreladies from the unit. All the assistant foreladies spend
from 50 to 100 percent of their time on production work. When not
engaged in direct production work, they help the foreladies with the
technical problems of assembly line production. None of the assistant
foreladies, however, has the authority to change or effectively to recom-
mend a change in the status of rank and file employees. We find that
the assistant foreladies are not supervisory employees within the Board's
definition. We shall, therefore, include them.
We find that all the Company's production and maintenance employees"
including class A, B, and C inspectors, plant clerical employees, truck
drivers, and watchmen-janitors, but excluding planning department em-
ployees, engineering department employees, office clerical employees, first-
aid nurses, foremen, foreladies, assistant superintendents, superintend-
ents, executives, 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, 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 employees in
the appropriate unit who were employed during the pay-roll period im-
mediately 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,
4 Anton Blackard, Dept. 30, Donovan Rhea , Dept. 60, and Hollie Leonard, Assembly Dept.
9 This includes assistant foreladies and assistant foremen except assistant foremen, Blackard,
Rhea, and Leonard, who are excluded.
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Sampsel Time Con-
trol, Inc., Spring Valley, 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 employees
in the unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this Direc-
tion, including employees who did not work during 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 been rehired
or reinstated prior to the date of the election, to determine whether they
desire to be represented by District 50, United Mine Workers of America,
AFL, or by International Union of Mine, Mill and Smelter Workers,
CIO, for the purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.