The Electric Auto-Lite Co.

National Labor Relations Board - Board Decisions

Oct 11, 1938

9 N.L.R.B. 147 (N.L.R.B. 1938)

In the Matter of THE ELECTRIC AuTo-LITE COMPANY and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA No. 12
Case No. R-650.---Decided October 11, 1938
Electrical Equtpracnt Mat,uiactuttoy Ieidurstry-It'iestiyattou of Representa-
tives: controversy concerning representation of employees: controversy con-
cerning appropriate unit; employer's refusal to enter into new contracts until
question of representation is settled-Units Appropriate for Collective Bargaining:
separate unit composed of pattern makers ; separate unit composed of tool,
die and machine-repair workers ; unit composed of all other factory employees
including factory clerks and checkers and excluding supervisory employees; all
office employees, except supervisors, confidential clerks and secretaries, executives,
specialists, experts, and professional employees, included in unit with factory
workers if election indicates their desire for inclusion-Representatives: proof
of choice: petitions-Certification of Representatives : upon proof of majority
representation in tool and die and machine-repair unit-Elections Ordered
Mr. Harry Lodish,, for the Board.
Mr. T. R. Iserman, of New York City, and Mr. J. P. Falrvay, of
Toledo, Ohio, for the Company.
Mr. C. E. Kiker, of Toledo, Ohio, for the United.
Mr. J. W. Starritt, of Toledo, Ohio, Mr. Earl S. Streeter, and Mr.
George Becker, for the M. E. S. A.
Mr. George Tncrdoest, and Mr. Claude L. Fox, for the Pattern
Makers.
Miss Carolyn E. Agger, of counsel to the Board.
DECISION
CERTIFICATION OF REPRESENTATIVES
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On October 14, 1937, International Union, United Automobile
Workers of America, No. 12, herein called the United, filed with the
Regional Director for the Eighth Region (Cleveland, Ohio) a peti-
tion alleging that a, question affecting commerce had arisen concern-
ing the representation of employees of The Electric Auto-Lite Cotn-
9 N. L R B, No. 26
147
134068-39-voI rx-11 -
148 NATIONAL LABOR RELATIONS BOARD
pany, Toledo, Ohio, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On January 10, 1938, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act,
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On February 17, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the United, upon Mechanics Educational Society of America, herein
called the M. E. S. A., and upon Pattern Makers Association of
Toledo, Ohio, herein called the Pattern Makers, the latter two being
labor organizations claiming to represent employees directly affected
by the investigation. Pursuant to notice, a hearing was held on
March 7, 8, 10, 14, 15, 16, 17, and 18, 1938, at Toledo, Ohio, before
Harlow Hurley, the Trial Examiner duly designated by the Board.
All parties,, except the Pattern Makers, were represented by counsel,
and the Pattern Makers was represented by its officials. All parties
participated in the hearing and were afforded full opportunity to'be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. During the course of the hearing, the
Trial Examiner made several rulings on motions and on objections
to ,the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were
committed. - The rulings are hereby affirmed.
On April 1, 1938, and April 2, 1938, respectively, the M. E. S. A.
and the respondent filed briefs. On May 24, 1938, a hearing was held
before the Board for the purpose of presenting oral argument. The
respondent, the United, and the M. E. S. A. participated in the
hearing.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Electric Auto-Lite Company is an Ohio corporation engaged in
the manufacture and sale of automobile starting, generating, ignition,
and other electrical equipment at its plant in Toledo, Ohio. It has
one or more manufacturing plants located in Niagara Falls, New
York; Indianapolis, Indiana; Port Huron, Michigan; Sarnia, On-
tario, Canada; Oakland, California; and Cincinnati, Ohio. This
proceeding concerns only the plant at Toledo, Ohio. The principal
DECISIONS AND ORDERS 149
raw materials used by the Company at this plant are copper, brass,
and steel. Approximately 75 per cent of these raw materials are
obtained outside the State of Ohio and approximately 94 per cent of
the plant's finished products are shipped to States other than Ohio..
The total value of the purchases made by the Company for its
Toledo plant was about $12,500,000 in 1937. The total value of the
products of the Toledo plant sold during the same year was about
$22,100,000. -
H. THE ORGANIZATIONS INVOLVED
International Union, United Automobile Workers of America, No.
12, is a labor organization affiliated with the Committee for Industrial
Organization, admitting to its membership all employees of the Com-
pany at its Toledo plant, excluding supervisory employees.
Mechanics Educational Society of America, Local No. 4, is a labor
organization unaffiliated with any other labor organization. The
extent of its jurisdiction is not clearly disclosed in the record. It
admits to membership, however, certain skilled and semi-skilled
nonproduction employees of the Company.
Pattern Makers Association of Toledo, Ohio, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership pattern makers and apprentices employed by the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Both the United and M. E. S. A. have had contracts with the Com-
pany 1 governing their members' wages, hours, and other conditions
of employment. The United claims that with certain exceptions set
forth below, all employees in the plant should be represented by the
United, that it has bargained on behalf of the factory workers and
has attempted to bargain with the Company on behalf of the
office workers. The Company has questioned the authority of the
United to represent the office workers and is unwilling to negotiate
further contracts until the question of representation is settled.2
We find that a question has arisen concerning representation of
employees of the Company at its Toledo plant.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
at its Toledo plant, described in Section I above, has a close, intimate,
3 In September 1937, M. E. S. A. established .two locals, Local No. 3 for unskilled produc
tion workers and Local No. 4 for skilled nonproduction workers. Only Local-No. 4 is
here involved.
2 The Company has considered a few grievances presented by the United on behalf of
the office workers but has refused to enter into a bargaining relationship with the United
with respect to office workers.
150 NATIONAL LABOR MAUD
and substantial relation to trade, traffic, and commerce among the
several States and tends to lead to labor disputes burdening and
obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNITS
A. The claim of the Pattern Makers
The Pattern Makers contends that the pattern makers department,
consisting of all the Company's pattern makers, should be designated
as a separate bargaining unit. The pattern makers are a well estab-
lished craft and the Pattern Makers is strictly a craft organization.
None of the parties disputes the contention that the craft should be a
separate unit. -
We find, therefore, that the pattern makers constitute a unit appro-
priate for the purposes of collective bargaining and that said unit
will insure to the employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.'
B. The claim of the H. E. S. A.
The M. E. S. A. urges that the skilled tool and die maker s, machine
repairmen, and machine development employees, together with the
semi-skilled tool and die storage and tool stock employees, constitute
a separate appropriate unit for collective bargaining. These em-
ployees make up departments 40, 140, 49, 149, 52, 39, 136, 34, and 134
of the Company's plant.
The skilled employees, comprising all the employees of departments
40, 140, 49, 149, 52, and 39, might properly constitute a separate appro-
priate unit. The employees of these departments are highly skilled
workers who have been trained by an apprenticeship of 4 years, all
of whom are engaged in the manufacture and repair of dies, tools, amid
machinery. As such they constitute a craft with a- close community of
interest. Since 1933 the M. E. S. A. has,bargained on behalf of these
employees of the Company.
On the other hand, the United contends that the entire plant, with
certain exceptions not here material, should be treated as a single unit
appropriate for the purposes of collective bargaining. At the hear-
ing, considerable evidence was introduced to show the highly inte-
grated character of the plant and the appropriateness of an industrial
unit including these workers. The Board could, therefore, properly
find that the unit claimed by the United is a logical one.
Since the employees comprising departments 40, 140, 49, 149, 52,
and 39 could function either as a separate unit or as part of a single
industrial unit,. we will follow our previous rulings in similar situa-
tions that the determining factor is the desire of the employees them-
DECISIONS AND ORDERS 151
selves.' In this case, as found below in Section VI, a majority of
the employees in these departments are included in the M. E. S. A.
membership and have thus evidenced their desire for organization
along craft lines. It is, therefore, unnecessary to await the results of
an election to determine their wishes.4
We find that the employees of departments 40, 140, 49, 149, 52, and
39 should be designated as a separate unit appropriate for purposes
of collective bargaining.
The M. E. S. A. further contends, however, that the employees in
departments 36, 136, 34, and 134 should be included with the em-
ployees of the departments listed above in a separate unit. The
employees in these departments, who are eligible for membership in
the M. E. S. A., are described as semi-skilled workers who are engaged
in the storage and care of tools and dies. While the skilled tool and
die workers obtain equipment from the storage keepers, the storage
keepers do not work with the skilled workers. It is apparent that
the semi-skilled employees here considered have no duties similar to
those of the skilled workers. Moreover it is significant that the M.
E. S. A. has not bargained for the semi-skilled employees until several
years after it had negotiated for the skilled employees.
At the hearing the M. E. S. A. contended that the tool inspectors
who make up department 36-a should be included in the unit it
alleged to be appropriate. This contention was later dropped in the
brief filed by the M. E. S. A. We, therefore, do not consider such
contention.
We find, therefore, that the employees in departments 40, 140, 49,
149, 52, and 39 constitute a unit appropriate for the purposes of col-
lective bargaining and that said unit will insure to employees of the
Company the full benefit of their right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act.
C. The' claim of the U'iiited
1. Production, maintenance, and professional employees
The United contends that the unit appropriate for collective bar-
gaining should consist of all the employees of the Company in
Toledo, including production employees, factory clerks and checkers,
skilled non-production factory employees, engineers, policemen,
nurses, building-maintenance employees, credit managers, lawyers,
experts and specialists, and office employees.
In addition to the pattern makers, the United would exclude from
the unit urged by it executives, their confidential clerks and see-
8 Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local Na.
8; International Association of Machinists , District-Nn. 54: Federal Labor, Union 18788,
and United Automobile Workers of America, 3 N. L. R. B. 294.
4 Matter of Fairbanks, Morse d Company and Pattern Makers Association of Beloit,
7 N. L R. B 229.
152 NATIONAL LAB Olt RELATIONS BOARD
retaries, and supervisors.5 In view of the supervisory and confiden-
tial nature of their duties and the desire of the United, we shall
exclude these employees from the units In addition to these, the,
following employees should be excluded from the unit :
(a) The skilled tool and die workers and machinery-repa-er -workers
who compose departments 40, 140, 49, 149, 52, and 39.-As stated
above, these employees constitute a separate bargaining unit and
will be excluded from the unit contended for by, the United.
(b) Professional employees, experts and specialists.-This group
is composed of the purchasing agents in the purchasing department;
the assistant sales manager, promotion and assistant promotion man-
ager and service complaint clerk in the merchandising department;
all of the employees in the production department; 7 the lawyers in
the legal department; the engineers and designing engineers in the
engineering department; the technical engineers in the service depart-
ment; the efficiency engineers in the time-study department; the
credit managers in the credit and collection department; the traffic
manager and assistant traffic manager in the traffic department; and
the assistant production engineer and the methods efficiency men in
the methods department. Being experts and for the most part pro-
fessional employees, their interests and duties are not comparable
to those of factory workers nor to those of clerical workers. They
should, therefore, be excluded from the bargaining unit.8
(c) Nurses.-Although the United desired the nurses included in
the bargaining unit, no evidence was introduced to show the ap-
propriateness of such an inclusion. In the absence of such evidence
and in view of the specialized character of their services, which in
no way bear any connection with those of other employees, we shall-
exclude them from the bargaining unit.9
5 The United also desired that the employees of the sales analysis , purchasing, produc-
tion, building supervisors , merchandising and legal departments be excluded . These pro-
posed exclusions are discussed below
6 Matter of St. Joseph Stock Yards Company and Amalgamated Meat Cutters and Butcher
Workmen of North America, Local Union No. 519, 2 N. L R. B. 39. Matter of Consumers'
Research Inc. and J. Robert Rogers, representative for Technical , Editorial and Office
Assistants Union, etc., 2 N. L. It. B . 57, 65.
7 The employees of the production department are not to be confused with the factory
employees engaged in manufacturing operations. The employees in the production depart-
ment are concerned with the efficiency of the plant.
8 The United desires to exclude from the bargaining unit all the employees in the sales
analysis, purchasing , production, meichandising, building supervisors, and legal depart-
ments. All professional employees , experts, and specialists in these departments are ex-
cluded from the unit, together with similar employees in other departments. However,
these departments also include clerks, stenographers , clerical assistants , and comptometer
operators whose work and working conditions are similar to those of employees bearing
the same titles in other departments. We shall, therefore, consider such employees under
the discussion of office workers.
9 Matter of Bendix Products Corporation and International Union, United Automobile
Workers of America, Bendix Local No. 9, 3 N. L. R. B 682
DECISIONS AND ORDERS 153
(d) Employees outside Toledo.-Salesmen in the merchandising
department and other employees whose duties require them to spend
the major portion of their time away from Toledo should be excluded
from the bargaining unit.
We find that executives, their confidential clerks and secretaries,
supervisors, any professional, expert or specialist in the building
supervisors department, pattern makers, and the employees listed
in paragraphs a, b, c, and' d, above, should be excluded, from the
bargaining unit.
The United contends that watchmen should be included in the
bargaining unit. The Company urges that because of their special
duties, watchmen should not be included in the unit. However, we
have customarily included watchmen in the appropriate unit when.
desired by the labor organization."
2. Office workers
As we have stated above, the United contends generally that the
office workers should be -included' in the unit'with factory employees.
The Company contends that the office workers should be designated
as a separate unit.
Traditionally office employees have seldom been organized along
with factory employees, and labor organizations of the latter class
of workers have seldom requested recognition in order to bargain
for them. Under an industrial form of union organization, how-
ever, there is no reason why office employees should not be included
within a bargaining unit along with factory employees, despite the
fact that their working conditions differ from those of factory em-
ployees. In the present case, the United admits office and clerical
employees to membership and has made some attempts to bargain
on their behalf. It would therefore appear that office workers could-
properly be included in the bargaining unit along with factory em-
ployees. As we said in Matter of The Globe Machine and Stamping
Co. and Metal Polishers Union, Local No. 3; International Association
of Machinists, District No. 54; Federal Labor Union 18788, and
United Automobile Workers of America," "Where the considerations
are so evenly balanced, the determining factor is the desire of the
men themselves." Accordingly, the desires of the office employees,
noted below, shall prevail. Upon the evidence of such desires, to
be ascertained by an election which we will direct as stated below,
will depend the determination of the unit appropriate for collective
bargaining. If a majority of the office employees determine that
10 Matter of Luckenbach Steamship Company, Inc. etc. and Gatemen, Watchmen and Mis-
cellaneous Waterfront Workers Union, Local 38-124 etc, 2 N. L. R B 181.
113 N . L. R. B. 294 , supra.
154 NATIONAL LABOR RELATIONS BOARD
they desire to be represented by the United for purposes of collective
bargaining, they will be included in the unit contended for by the
United.
It is now necessary to determine the classes of office and clerical
employees who shall be entitled to vote in such an election. At the
hearing, the United stated that the employees in the following office
departments should not be included with other office employees in
the bargaining unit : sales analysis, purchasing, merchandising, pro-
duction, building supervisors, and legal.12 The employees in these
departments who are specialists or professional employees, or who
are stationed outside of Toledo, have been excluded from the bar-
gaining unit in paragraphs a, b, c, and d above, together with sim-
ilar. employees in other departments. It is not therefore necessary
for us to determine whether or not they fall within the category of
office employees who shall be entitled to vote.
However, as stated above, the remaining employees in the depart-
ments which the United would exclude are stenographers and clerical
employees who in general engage in the same type of work as office
workers in other departments. We shall, therefore, include with
the office workers the employees of the sales analysis, purchasing,
merchandising, production, building supervisors, and legal depart-
ments, except those specifically excluded in paragraphs a, b, c, and
d, above. The employees who are so included shall be entitled to
vote in the election to determine whether the office and clerical em-
ployees, generally, shall be included within the appropriate unit.
As we have stated above, supervisory employees are excluded from
the bargaining unit and would not, therefore, be entitled to vote in the
election.
The factory clerks and checkers, although their work is partially
clerical in nature, are not considered office employees by the Company,
but are carried on the factory pay roll.13 They work in the factory
along with the production workers keeping records on the production
of the employees. This work occasionally requires some manual work
in weighing articles which are measured by weight. Building-main-
tenance workers and certain manual employees such as workmen who
do manual work for the shipping department are associated with some
of the office departments. We consider the factory clerks and checkers,
building-maintenance workers and manual employees working in con-
nection with the office, as factory workers who shall be entitled to
participate in the election which we shall order to be held among other
factory production and non-production employees as described below.
12 The United 's statement will be treated as an amendment to its petition.
13 The United contended at the hearing that factory clerks and checkers should be classed
as office workers.
DECISIONS AND ORDERS 155
VI. THE DETERMINATION OF REPRESENTATIVES
A. , The proof of majority representation
The Pattern Makers introduced no evidence of its membership in
the unit which it urged as an appropriate one. An election will,
therefore, be necessary in order to determine whether the pattern
makers desire to be represented by this labor organization.
At the hearing the M. E. S. A. introduced into evidence .petitions
signed shortly before the hearing by employees of the departments
which make up the bargaining unit contended for by the M. E. S. A.
The petitions stated that the signers were members of the M. E. S. A.
and desired it to represent them. The names on the petitions were
checked against the seniority list of March 17, 1938, by a committee,
acceptable to all parties, which was designated at the hearing. The
check showed that 199 out of 273 men 14 attached to the skilled tool
and die and machine repair departments have designated the
M. E. S. A. as their representative for the purposes of collective bar-
gaining. The signatures were not questioned. by, any, party to the
proceeding and no evidence was introduced which raises any doubt as
to their authenticity. Therefore, we will accept the signatures as
authentic.
We find that the M. E. S. A. has been _ designated and selected
by a majority of the employees in the appropriate unit consisting
of the employees in departments 40, 140, 49, 149, 39, and 52, as their
representative for purposes of collective bargaining. It is, there-
fore, the exclusive representative of all the employees in such unit
for the purposes of collective bargaining, and we will so certify.
At the hearing, the United submitted some evidence with regard
to factory and office workers' membership in the organization but
the evidence was not substantiated by reliable documents. The
United stated at the hearing that it desired an election and was not
requesting certification.
B. The eligibility dates
None of the parties objects to the use of the seniority list of March
17, 1938, to determine the eligibility of factory employees to vote.
This list was the basis of the determination of the majority of the
M. E. S. A. The Company, when it increases its staff after a lay-
off, rehires employees from the seniority list. The names of em-
ployees who have been laid off appear on the list for 18 months
thereafter. The list is not, therefore, too remote to be representa-
tive and may be used to determine the eligibility of factory employees
to vote.
14 The figures cited do not include the semi -skilled employees in departments 36, 136, 34,
and 134.
156 NATIONAL LABOR RELATIONS BOARD
Since the office, employees do not -enjoy seniority privileges and,
therefore, do not appear on the seniority list of March 17, 1938, and
since the record discloses no reason for designating that date to deter-
mine the eligibility of office workers ,to vote, the pay-roll list of office
employees next preceding the date of the Direction of Election shall
be used to determine the eligibility of office employees to vote.
We shall, therefore, order elections to be held separately among
the groups of employees as stated and defined above in Section V,
namely, the office workers; the factory employees, checkers and clerks,
and manual workers attached to the office; and the pattern makers.
The election by secret ballot among the office workers will deter-
mine not only whether they desire the United to represent them but
also whether they are to be included within the appropriate unit
claimed by the United.
Upon,the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Electric Auto-Lite Company, Toledo,
Ohio, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All the pattern makers employed by The Electric Auto-Lite
Company, Toledo, Ohio, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
3. Tool and die and machinery workers employed by The Electric
Auto-Lite Company in departments 40, 140, 49, 149, 52, and 39 con-
stitute a unit appropriate for purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Rela-
tions Act.
4. Mechanics Educational Society of America, Local No. 4, is the
exclusive representative of all the employees in the unit designated
in paragraph 3, above, for the purposes of collective bargaining,
within the meaning of Section 9 (a) of the National Labor Rela-
tions Act.
CERTIFICATION OF REPRESENTATIVES
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 8, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that the Mechanics Educational Society of
America, Local No. 4, has been designated and selected by a majority
DECISIONS AND ORDERS 157
of all employees of departments 40, 140, 49, 149, 52, and 39 of The
Electric Auto-Lite Company, Toledo, Ohio, as their representative
for the purposes of collective bargaining and that, pursuant to the
provisions of Section 9 (a) of the National Labor Relations Act,
Mechanics Educational Society of America, Local No. 4, is the exclu-
sive representative of all such employees for the purposes of collec-
tive bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.
DIRECTION OF ELECTIONS
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 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DIRECTED that, as a part of the investigation authorized by the
Board to ascertain representatives for collective bargaining with The
Electric Auto-Lite Company, elections by secret ballot shall be con-
ducted within fifteen (15) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Eighth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among those employees of The Electric Auto-Lite Com-
pany who fall within the groups described below.
(a) Those employed in the office of the Company during the pay-
roll period next preceding the date of this Direction, including all
stenographers, typists, clerks, file clerks, comptometer operators, and
clerical assistants, but excluding executives, their confidential clerks
and secretaries, supervisors, professional employees, experts and spe-
cialists, purchasing agents in the purchasing department, the assistant
sales manager, the promotion and assistant promotion manager and
complaint-service clerk in the merchandising department, all the em-
ployees in the production department, the lawyers in the legal depart-
ment, the engineers in the service department, the credit managers in
the credit and collection department, the assistant production engineer
and the methods efficiency men in the methods department, the traffic
manager and assistant traffic manager in the traffic department, the
efficiency engineers in the time-study department, nurses, manual
employees associated with office departments, and employees of the
service department whose work is done in the field, to determine
whether or not they desire to be represented by United Automobile
Workers of America, No. 12, affiliated with the Committee for Indus-
trial Organization, for the purposes of collective bargaining;
(b) Those who were on the seniority list of the Company, dated
March 17, 1938, engaged in pattern making, except those who have
158 NATIONAL LABOR RELATIONS BOARD
since quit or been discharged for cause , to determine whether or not
they desire to be represented by the Pattern Makers Association of
Toledo, Ohio, affiliated with the American Federation of Labor, for
the purposes of collective bargaining;
(c) All other employees engaged in production , and non-production
factory employees , including factory clerks and checkers and manual
employees attached to the office of the Company, who were on the
seniority list of the Company, dated March 17, 1938, except pattern
makers, those employees employed in departments 40, 140, 49, 149, 52,
and 39, and those who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by United
Automobile Workers of America, No. 12, affiliated with Committee
for Industrial Organization for the purposes of collective bargaining.
MR. DONALD WAKEFIELD SMITH took no part in the consideration of
the above Decision , Certification of Representatives , and Direction of
Elections.
[SAME TITLE]
AMENDMENT TO DECISION, CERTIFICATION OF REPRE-
SENTATIVES AND DIRECTION OF ELECTIONS
October 20, 1938
On October 11, 1938, the National Labor Relations Board , herein
called the Board, issued a Decision , Certification of Representatives
and Direction of Elections in the above -entitled proceedings. In
Section V , subsection C, part ( 1), of its Decision the Board states,
"In addition to the pattern makers, the United would exclude from
the unit- urged by its executives , their confidential clerks and secre-
taries, and supervisors."
The Board hereby amends its Decision by striking therefrom the
words quoted above and substituting therefor the following : "In
addition to the pattern makers, the United would exclude from the
unit urged by its executives , their confidential clerks and secretaries,
foremen, assistant foremen, and all supervisors who have authority
to hire or discharge."
In Section V, subsection C, of its Decision the Board states, "We
find that executives , their confidential clerks and secretaries, super-
visors, any professional, expert or specialist in the building super-
visors department . . ."
The Board hereby amends its Decision by striking therefrom the
words quoted above and substituting therefor the following : "We
DECISIONS AND ORDERS 159
find that -executives, their confidential clerks and secretaries, fore-
men, assistant foremen, supervisors with authority to hire or dis-
charge, any professional, expert or specialist in the building super-
visors department ..."
In paragraph (a) of its Direction of Election the Board states,
"Those employed in the office of the Company during the pay-roll
period next preceding the date of this Direction, including all stenog-
raphers, typists, clerks, file clerks, comptometer operators, and cleri-
cal assistants, but excluding executives, their confidential clerks and
'secretaries, supervisors, professional employees, experts and spe-
cialists, purchasing agents in the purchasing department, the as-
sistant sales manager, the promotion and assistant promotion man-
ager and complaint service clerk in the merchandising department,
all the employees in the production department, the lawyers in the
legal department, the engineers in the service department, the credit
managers .. .
The Board hereby amends its Directioi of Election by striking
therefrom the words quoted above and substituting therefor the
following : "Those employed in the office of the Company during
the pay-roll period next preceding the date of this Direction, in-
cluding all stenographers, typists, clerks, file clerks, comptometer
operators, and clerical assistants, but excluding executives, their
confidential clerks and secretaries, supervisors with authority to hire
and discharge, professional employees, experts and specialists, pur-
chasing agents in the purchasing department, the assistant sales
manager; the promotion and assistant promotion manager and com-
plaint service clerk in the merchandising department, all the em-
ployees in the production department, the lawyers in the legal de-
partment, the engineers in the service department, engineers in the
engineering department, the credit managers .. ."
In paragraph (c) of its Direction of Election the Board states,
"All other employees engaged in production, and non-production
factory employees, including factory clerks and checkers and manual'
employees attached to the office of the Company, who were on the
seniority list of the Company, dated March 17, 1938, except pattern
makers, those employees employed in departments 40, 140, 49, 149,
52, and 39, and those who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
United Automobile Workers of America, No. 12, affiliated with Com-
mittee for Industrial Organization for the purposes of collective
bargaining."
The Board hereby amends its Direction of Election by striking
therefrom the words quoted above and substituting the following :
"All other employees engaged in production, and non-production
160 AVTION_AL LABOR RELATIONS BOARD
factory employees, including factory clerks and checkers and manual
employees attached to the office of the Company, who were on the
seniority list of the Company, dated March 17, 1938, except pattern
makers, foremen, assistant foremen, supervisors with authority to
hire or discharge, those employees employed in departments 40, 140,
49, 149, 52, and 39, and those who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by United Automobile Workers of America, No. 12, affiliated with
Committee for Industrial Organization for the purposes of collective
bargaining."
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Amendment to Decision, Certification of Representatives
and Direction of Elections.
9 N. L. R. B., No 26a.