The Chase-Shawmut Co.

National Labor Relations Board - Board Decisions

Nov 7, 1946

71 N.L.R.B. 610 (N.L.R.B. 1946)

In the Matter of THE CHASE-SHAWMUT COMPANY, EMPLOYER and
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA,
C. I. 0., PETITIONER
Case No. 1-R-3344.-Decided November 7, 19.46
Mr. Allan Seserman, of Boston, Mass., for the Employer.
Mr. Donald Tormey, of Boston, Mass., for the Petitioner.
Mr. Robert J. Freehling, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed on September 12, 1946, hearing in this
case was held at Newburyport; Massachusetts, on October 7, 1946,
before Sam G. Zack, hearing officer. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Chase-Shawmut Company is engaged in the manufacture of
electrical fuses and other electrical supplies at its plant located in
Newburyport, Massachusetts. During the year `ending August 31,
1946, the Employer purchased raw materials valued in excess of $350,-
OOQ, of which approximately 79 percent represented shipments from
sources outside the Commonwealth of Massachusetts. During the
same period, the Employer sold finished products valued in excess of
$1,000,000, of which approximately 92 percent represented shipments
to customers outside the Commonwealth.
We find that the Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress of
Industrial Organizations, claiming to represent employees of the
Employer.
71N.LR. B,No 89.
610
THE CHASE-SHAWMUT COMPANY
M. THE QUESTION CONCERNING REPRESENTATION
611
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
r lie parties agree generally that the appropriate unit should in-
clude all production and maintenance employees of the Employer,
excluding engineering department employees, office and clerical em-
ployees, executives, and foremen. The parties are in disagreement,
however, as to the following categories of employees whom the Peti-
tioner would include in, and the Employer would exclude from, the
unit:
Truck driver: The Employer has one truck driver. This employee
spends most of his time hauling freight to the plant and transport-
ing materials between departments within the plant, and the rest of
his time assisting in the filling of orders in the stockroom. We are
of the opinion that a community of interest in the conditions of em-
ployment exists between the truck driver and the production and
maintenance employees, and, accordingly, we shall include him in
the unit.'
Tool and die makers: These employees work in the plant and are
engaged principally in making, repairing, and sharpening dies. In
addition, they aid in the repair°and maintenance of other plant equip-
ment. Inasmuch as it is apparent that the interests of the tool and
die makers lie with those of the production and maintenance em-
ployees, we shall include the tool and die makers in the unit.3
Firemen: During the winter months, the Employer's firemen spend
virtually all their time firing the plant boilers. During the remainder
of the year, they perform whatever duties are assigned by the super-
intendent of maintenance, viz, repairing screens, mounting screens
and storm windows, and the like. In accordance with our customary
practice in like cases, we shall include the firemen in the Unit .4
1 At the hearing , the Employer , in effect, moved to dismiss the instant petition on the
ground that the Petitioner does not have a substantial interest in the appropriate unit.
Inasmuch as we are administratively satisfied that the Petitioner has such an interest, we
shall, for the reasons indicated in Matter of O. D. Jennings & Company, 68 N. L. R. B 516,
deny this motion.
2 Matter of Waterloo Valve Spring Compressor Company, 61 N. L. R. B. 667. Cf.
Matter of Domestic Engine & Pump Company , 70 N. L R. B 1263 , and Matter of California
Consumers Corp , 63 N. L . R. B. 1196.
3 Matter of John Deere Harvester Works, 44 N. L. R. B. 335.
4 Matter of W. M. Bassett Furniture Industries, Inc., 65 N. L. R . B. 781, and Matter of
Ali cooled Motor Corporation , 63 N. L. R. B. 1043.
612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Watchmen: The Employer's watchmen are engaged in policing the
Employer's property and also, during winter months, in helping to
tend the plant boilers. They are unarmed and perform no moni-
torial duties. Inasmuch as their functions are custodial in nature,
we shall follow our usual policy and include watchmen in the unit .5
Production clerks: The duties of the Employer's production clerks,
who work under the immediate supervision of the personnel director
and chief of analysis, standards department, consist mainly of keep-
ing production and incidental time records, and of preparing reports
therefrom. They are hourly paid, work in the plant in close contact
with the production employees, and are generally subject to the same
conditions of employment as the production employees.
The Employer contends, in effect, that because the duties of these
individuals involve "keeping control of materials," they should be
excluded from the unit as managerial employees. We find no merit
in this contention. It is evident from the record that the duties of the
employees in issue with respect to production control are essentially
clerical in nature and that these employees fail to exercise managerial
authority within the Board's definition of that term. Accordingly, in
view of their close community of interest with the production em-
ployees, we shall include the production clerks in the unite
We find that all production and maintenance employees of the Em-
ployer at its Newburyport, Massachusetts, plant, including the truck
driver, tool and die makers, firemen, watchmen, and production clerks,
but excluding engineering department employees,' office and clerical
employees, executives, foremen, 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
The record discloses that on September 12, 1946, the Employer's
operations were disrupted as the result of a strike, for an undisclosed
purpose, by a large number of the employees in the appropriate unit
and that this strike was still in progress at the time of the hearing.
Neither party questions the employee status of the strikers. The
record, however, is not clear as to whether the plant was in operation
at the time of the hearing.8 Under the circumstances, we shall make
'Matter of Domestic Engine & Pump Company fn. 2, sapra, and cases cited therein
e Cf. Matter of Gunite Foundries Corporation , 65 N. L. R. B. 43; Matter of Vulcan Mold
and Iron Company, 62 N. L. It. B. 1219; and Matter of The Airparts Company, 59
N. L. R. B. 1341.
' Included In this category are experimental workers.
$ There is some indication in the record that at least the employees in the toolroom
continued on the job.
THE CHASE-SHAWMUT COMPANY 613
provision for the contingency that operations continued during the
strike, or if discontinued, were thereafter resumed before our Direc-
tion of Election herein. Thus, if the Employer's operations continued
during the strike or were resumed before the issuance of the Decision
and Direction of Election herein, we shall direct that the question
concerning representation which has arisen be resolved by an election
by secret ballot among the employees in the appropriate unit who
were employed during the pay-roll period immediately preceding the
date of our Direction of Election, including both employees on strike
and their replacements, if any. However, in the event the Employer's
operations were halted and had failed to resume at the time of our
Decision and Direction of Election, those eligible to vote shall be
determined from the pay roll for the period immediately preceding
September 12, 1946.9
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The Chase-Shawmut Company,
Newburyport, Massachusetts, 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 First Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Sec-
tions 203.55 and 203.56. of National Labor Relations Board Rules and
Regulations-Series 4, among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediatey preceding the date of this Direction,10 including
employees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and employees on
strike, 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.
MR. JAMES J. REYNOLDS, JR., took no part in the consideration of
the above Decision and Direction of Election.
6 Cf Matter of Wticaco Machine Corporation , 69 N. L. R. B. 741 , and Matter of Lloyd
Hollister, Inc, 68 N. L R. B 733
10 As noted above, in the event the Employer's operations were halted as a consequence
of the strike and had failed to resume at the time of the issuance of the Decision and
Direction of Election herein, those eligible to vote shall be determined from the pay roll
foi the period immediately preceding September 12, 1946.