Servel, Inc.

National Labor Relations Board - Board DecisionsFeb 15, 1946

65 N.L.R.B. 1067 (N.L.R.B. 1946)

In the Matter of SERVEL , INC. and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, CIO Case No. 11-B-872.-Decided February 15, 19.4 Kahn, Little, Dees & Kahn, by Messrs. Isador Kahn and Harry P. Dees, of Evansville, Ind., for the Company. Messrs. James Jayne and Charles Fridy, of Evansville, Ind., for the Union. Mr. A. Sumner Lawrence, 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, CIO, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Servel, Inc., Evansville, Indiana, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before William O. Murdock, Trial Examiner. The hearing was held at Evansville, Indiana, on Novem- ber 20, 1945. The Company and the Union appeared and partici- pated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing 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 I. THE BUSINESS OF THE COMPANY Servel, Inc. is a Delaware corporation with its principal place of business at Evansville, Indiana, where it is principally engaged in the manufacture of air conditioning equipment and gas refrigerators. The Company annually purchases for use in its Evansville operations raw materials valued in excess of $1,000,000, of which more than 50 percent is obtained from points outside the State of Indiana. The 65 N. L. R. B., No. 190. 1067 1068 DECISIONS OF NATIONAL LABOR RELATIONS BOARD annual dollar value of the Company^s finished products exceeds $1,000,000, of which more than 50 percent is shipped to points outside the State of Indiana. We find that the operations of the Company affect commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, 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 the Company's em- ployees until 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 parties are in substantial agreement that all production and maintenance employees of the Company, excluding office clerical em- ployees, technical employees, and supervisory employees, may properly form the basis of an appropriate unit. The only dispute with respect to the appropriate unit concerns certain fringe classifications which the Union would include and which the Company would either exclude or leave to the determination of the Board as to whether or not they should be included within the appropriate unit. Plant-protection employees: These employees, who were formerly militarized, were excluded by agreement of the parties from the pro- duction and maintenance unit in an earlier proceeding? Although at present they are no longer militarized, they are deputized; moreover, their duties are of a monitorial nature. In view of their deputization 1 The Field Examiner reported that the Union submitted 3,206 cards dated between- 1939 ai,d October 1, 1945, with 276 cards undated, from among a total of approximately 2,500 employees in the claimed appropriate unit. The Company objected to the admission in evidence of the report upon the ground that no opportunity had been afforded it to cross-examine the Board agent with respect to the authorization cards submitted , and also upon the ground that such cards had not been checked against the Company's pay roll. We find no merit in the objection. See Matter of Gaylord Bros., Inc, 64 N. L. R. B. 1350; Matter of Gladewater Refining Company, 64 N. L. R. B. 696. 2 See Matter of Servel, Inc., 58 N. L. R. B. 5. SERVEL, INC. 1069 and monitorial duties, we shall exclude them from the unit of produc- tion and maintenance employees 3 Factory clericals: Aside from the secretaries to superintendents, whom both parties agree should be excluded from the unit, the Union would exclude, and the Company would include, clerical employees who work in the factory with the production and maintenance em- ployees under the supervision and direction of the factory foremen. Among such factory clericals are messengers and certain employees referred to as typist-clerks. Included in the latter's filing and typing work are reports made by the foremen regarding grievances and other labor relations, matters. The duties of messengers, who are hourly paid employees, consist of running errands and delivering messages from the foremen. Although messengers may obtain access to office files which include labor relations matters, their work does not require them to read or otherwise become familiar with the contents of such files. With respect to the group of factory clerical employees other than the typist-clerks hereinabove referred to, we are of the opinion that such employees have interests closely related to those of the produc- tion and maintenance employees, since they are in daily contact with the latter group and work under the same supervision; accordingly, we shall include such factory clericals within the appropriate unit' As regards the typist-clerks, since it appears that typist-clerks have, in the regular course of their duties, access to confidential reports and files dealing with labor relations, we find that these employees fall within our customary definition of a confidential employee, and we shall exclude them.,' Welding school trainees: With respect to welding school trainees, it appears that the Company operates a permanent apprentice school for welders within its welding department and subject to the over-all supervision of the welding department superintendents During the school training period, which covers approximately 30 days, welding school trainees are given regular welding classifications, are paid by the Company at minimum hourly rates for welders, and are subject to the regulations and working conditions of other employees. Upon the conclusion of the welding school course, such trainees are trans- ferred directly into production with an increase in wages. The record indicates that, pending such transfer, they are in effect probationary See Matter of Indianapolis Power aG Light Company, 62 N. L. R. B. 1279; Matter of Kelsey -Hayes Wheel Company, 62 N,. L. R. B. 421. , See Matter of Goodman Manufacturing Company, 58 N. L. R. B. 531; Matter of Doug- las Aircraft Company, Inc, 60 N. L. R. B. 876, and cases cited therein. s See Matter of General Cable Corporation, 55 N L R B. 1143. The present welding school is distinguishable from the temporary school formerly oper- ated by the Company on the occasion of the earlier decision in which the Board by agree- ment of the parties excluded from the unit "training school instructors and trainees." 1070 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees , but that following their period of probation-, they usually qualify as welders and become permanent employees of the Company.' Under the circumstances, and in accordance with our usual practice of including probationary employees within a unit of employees doing work of a similar nature,8 we shall include welding school trainees within the unit hereinafter found appropriate. Air conditioning service Department 47: The employees in this department comprise approximately seven hourly paid employees who do part of their work at the plant and the remainder at locations out- side the plant. Their duties consist of making any repairs and doing anything required to keep in operation a p?irticular unit of air condi- tioning equipment belonging to either the Company or one of its cus- tomers. Although they are at times away from the plant, they are not engaged in any sales or promotion work. Since it appears that such employees are in substance maintenance employees who perform part of their work at the plant in close association with other produc- tion and maintenance employees, we shall include them within the unit." Timekeeping, Department 108: The Company employs approx- imately 15 timekeepers 19 who are stationed in the various factory offices and whose chief function is to keep the time and absentee rec- ords, compute the earnings of employees, and transmit such records to the pay-roll department. They are responsible to the chief time- keeper who is the head of Department 108, which department falls within a group of administrative departments excluded from the unit by agreement of the parties. We shall exclude timekeepers from the unit in accordance, with our usual practice r1 There remains for consideration the employees in a miscellaneous group of departments .2 The evidence shows that the employees in these departments have interests and duties either similar to those whom the parties agreed should be excluded or are otherwise suffi- ciently diverse from those of the production and maintenance em- ployees to warrant their exclusion from the unit. We shall exclude them. ° The Company 's personnel director testified that he knew of no instance to date in which a welding school trainee had been discharged and failed as a trainee. 8 See Matter of Douglas Aircraft Company , Inc., 60 N. L R B. 876, and cases cited therein. ° See Matter of Sears, Roebuck & Company , 62 N. L R. B 674. r0 The classification of timekeepers is distinct from that of time-study employees whom all parties agree should be excluded from the unit. 11 See Matter of The General Fireproofing Company , 58 N L . R. B 1609, and cases cited therein. ii The departments hereinabove referred to are : Employment Service , Department 143; Cafeteria, Department 145 ; Engineer Operations, Department 163 ; Tool Design, Depart- ment 171 , and Process Control , Department i 94 The employees in these departments were considered in our previous decision involving the employees at this plant , and were ex- cluded The record indicates that there have been no material changes since the date of the pi evious decision in either the operations of the Company , or the duties of the employees in the relationship of the various departments to one another. SERVEL, INC. 1071 We find that all production and maintenance employees of the Com- pany, including factory clericals '13 welding school trainees, and air conditioning service employees (Department 47), but excluding administrative, office clerical, technical employees, and employees within existing separate appropriate units; 14 engineer operations em- ployees, process control employees, tool design employees, employment service employees, cafeteria employees, plant-protection employees, timekeepers, time-study employees, typist-clerks in the factory offices, superintendents' secretaries, foremen, assistant foremen, leadmen,15 and all 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 meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The Company requests that we permit the use of mail ballots by employees in the armed forces. The circumstances in this case are not substantially or materially different from those present in the South West Pennsylvania Pipe Line case.16 We shall, therefore, as in that case, provide for mail balloting of employees on military leave. The Union contends that all employees laid off by the Company within the past 12 months and whose right to reemployment based on seniority has not yet expired, be found eligible to vote. While the record indicates that the rights of such laid off employees to reemploy- ment are subject to the prior rights of employees now in the armed services, we find that all laid off employees who still retain reemploy- ment rights by reason of their seniority status are employees tempo- rarily laid off within the Board's customary definition thereof; 17 ac- cordingly, we find them eligible to vote. 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. The Regional Director shall mail ballots to employees within the appro- priate unit on military leave, provided one or more of the parties hereto, 13 Included under this classification are messengers in the factory offices 14 Excluded under the foiegoing classifications are employees within the departments listed in Appendix A, which the parties agree should be excluded from the appropiiate unit. is The parties agree, and we find, that leadmen are supervisory employees within the meaning of our usual definition. le 64 N. L. R. B. 1384. 14 See Matter of Noblitt -Sparks Industries, Inc., 64 N . L. R. B 1501. 679100-46-vol. 65-69 1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD within seven (7) days after receipt of the Direction of Election, files with the Regional Office a list containing the names, most recent addresses, and work classifications of such employees. The Regional Director shall open and count the ballots cast by mail by employees on military leave, provided that such ballots must be returned to and re- ceived by the Regional Office within thirty (30) days from the date they were mailed to such employees by the Regional Director.- 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 Rela- tions 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 Servel, Inc., Evans- ville, Indiana, an election by secret ballot shall be conducted as early as possible, but not later than forty-five (45) days from the date of this Direction, under the direction and supervision of the Regional Director for the Eleventh 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 employees who did not work during said pay-roll period because they were 111 or on vacation or temporarily laid off, and including employees in the armed forces of the United States, 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, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. 18A free interchange between the parties of information on the addresses and work categories of the employees to be voted by mail will be necessary in order to avoid chal- lenges and post-election objections Accordingly, the Board will make available to all interested parties any information of this nature furnished it by any other party In the event that the parties should send the absentee voters information or literature bear- ing directly or indirectly on the pending election , copies of all such documents should be simultaneously filed with the Regional Office for inspection by or transmittal to the other parties However , acceptance or transmittal of such literature by the Board ' s Office is not to be construed as conferring immunity on the filing party in the event that objections are later interposed concerning its content. The usual principles will apply. SERVEL, INC. APPENDIX A Dept. Name 121 -------------------------------- Purchasing 131 -------------------------------- Material Control 134--------- ---------------------- Traffic 141 -------------------------------- Employment 142-------------------------------- Safety & Health 144---------- --------------------- Education & Training 146----- -------------------------- Labor Relations 101 -------------------------------- Administrative & General 102-------------------------------- Accounting 103-------------------------------- Cost 104-------------------------------- Order, Credit & Coll. 105-------------------------------- Filing 106-------------------------------- Mailing-Print Shop 107-------------------------------- Cashier 109-----------.-------------------- Tabulating 110-------------------------------- Stenographic 111 -------------------------------- Budget & Insurance 112-------------------------------- New York Administrative 116----------- -------------------- Patent Department 169-------------------------------- Engr Adm & General 162-------------------------------- Engr Development 164-------------------------------- Elec Refrig Engineering 165-------- ----------------------- Engineering Research 230-------------------------------- Selling-Elec Refrig. 250-------------------------------- Service-Elec. Refrig. 329-------------------------------- Adv & Sates Prom Gen. 330-------------------------------- Selling-H H Gas Ref. 331 -------------------------------- Selling-Gen. (Reg & Dist ) 332-------------------------------- Selling-H H Kero Ref. 336-------------------------------- Selling-Air Conditioning 337-------------------------------- Selling-Water Heater 338-------------------------------- Selling-Kitchen Acces. 339-------------------------------- Sales Div.-Adm 350-------------------------------- Service-Household Ref. 356-------------------------------- Service-Air Conditioning 357-------------------------------- Service-Water Heater 359-------------------------------- Service-General 420-------------------------------- Adv. & S. P Inter. Div. 430-------------------------------- Selling-Inter Div. 630-------------------------------- Sell ing-Chicago Branch 650-------------------------------- Service-Chicago Branch 730 -------------------------------- Selling-Canada Ltd. 12--------------------------------- Grey Iron Moulding 13--------------------------------- Foundry Core Room 14--------------------------------- Foundry Cleaning Room 15--------------------------------- Aluminum Moulding 154-------------------------------- Power House 156-------------------------------- Electrical 1073