The Ohio Casualty Insurance Co.Download PDFNational Labor Relations Board - Board DecisionsMay 5, 1969175 N.L.R.B. 860 (N.L.R.B. 1969) Copy Citation 860 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Ohio Casualty Insurance Company and Office and Professional Employees International Union, AFL-CIO, Petitioner . Case 9-RC-7860 May 5, 1969 DECISION AND DIRECTION OF ELECTION BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND JENKINS Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Thomas F. Phalen, Jr. Both the Petitioner and Employer have filed briefs. Pursuant to the provisions of Section 3(b) of the Act, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel. The Hearing Officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act, and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The labor organization involved claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. The Employer, The Ohio Casualty Insurance Company, an Ohio corporation, is engaged in the business of the general sale of insurance. The Petitioner seeks to represent a unit designated as home office clericals employed at the Employer's four buildings located in Hamilton, Ohio, but excluding all underwriters, claims agents, print shop employees, computer programmers and operators, certain individuals alleged to be supervisors, and other individuals alleged not to share a sufficient community of interest with the unit employees. The Employer contends that its home office operations are "so effectively merged into one comprehensive unit" as to require that the appropriate unit include underwriters, computer programmers and operators, and other individuals whose unit inclusion is disputed by Petitioner. There is no bargaining history. Approximately 700 employees work in the Employer's four Hamilton locations. Most of these employees are located on six floors of the Employer' s main building at 136 North Third Street, while the others are scattered throughout the three other buildings. The Employer is administratively organized into 27 departments. The basic organizational structure is divided according to the various coverages the Employer handles; i.e., automobile, general liability, workmen's compensation, inland marine, multiple peril, life, accident and health, and fire. There are other departments handling more specialized types of coverages, in addition to sections devoted to administrative functions such as personnel, supply, purchasing, business development, and financial. These various departments are further divided geographically. There is also a Data Processing Center and a key punch and tabulator section which service the entire company. The employees in each department are physically grouped together, and managerial , and supervisory authority is delegated on a departmentwide basis. There is no dispute regarding the inclusion of the great bulk of employees sought by Petitioner. These employees perform tasks of a normal clerical nature, such as typing, filing , mail distribution, routing of reports, claim reporting, rate checking, rate verifying , general and specific clerking, key punching, tab operating, personnel work, and telephone and reception. At the hearing, the parties also agreed to the exclusion of employees designated as claims supervisors, claims agents , and claims examiners , the three terms being used interchangeably. All of the following classifications and particular individuals are in dispute: Underwriters: It is the function of the Company's 65 underwriters to examine the risks which customers seek to insure, accept certain of them, and then apply the established premium rates to the risks accepted. The Employer' s general overall risk guidelines are set forth in manuals . Underwriters in the Employer's main office in Hamilton do original underwriting on about 25 percent of the risks presented to the Employer and re-underwrite the other 75 percent of the policies which are written in the several branch offices. Re-underwriting, or secondary underwriting, involves review by the home office underwriters of all risks written in the field, and often entails corrective correspondence with branch underwriters as to the particular risks the latter have accepted. If a branch underwriter fails to follow suggestions made by a home office underwriter, then a supervisor in the home office will resolve the dispute. The underwriters in the home office are supervised by department heads who also have supervisory authority over the clericals working in that department. All underwriters are capable of writing any policy that comes into their department. In hiring underwriters, the Employer basically looks for people with prior experience, although it does not require a college degree. Even though many experienced underwriters are hired, the Employer requires a minimum on-the-job training period of 6 months before a newly hired underwriter will be assigned to his own territory. While underwriters work the same hours and receive the same company 175 NLRB No. 140 THE OHIO CASUALTY INSURANCE CO. benefits as other unit employees, 76 percent of the underwriters receive ' salaries above women's maximum grade eight,' the highest wage paid to a female employee. Underwriters work closely with undisputed members of the bargaining unit, such as file clerks and code clerks, but it seems clear that the ministerial duties performed by these clericals are merely supportive of, and ancillary to, the discretionary functions of the underwriters. After due consideration of the record evidence, we find that underwriters perform duties of a technical, specialized nature, in which they are called upon to exercise considerable independent judgment. Previous underwriting experience is desired of new hires, and they receive extensive training upon hire. Furthermore, they receive compensation in excess of most of the home office clerical employees. Although physically located near clericals, and although having considerable contact with employees included in the unit, their work obviously requires a higher level of responsibility. Accordingly, we find that the underwriters have interests sufficiently different to warrant their exclusion from the unit.' Computer Programmers: The Employer began using electronic computers in 1961, and it recruited its initial programming and computer operations staff, with one exception, from its tabulator department. However, the second and third generation computers thereafter acquired demanded more sophisticated programming, and the Employer established a policy of only hiring programmers who had previous experience on computers, a requirement not set for computer operator applicants. Prospective programmers take a test devised by IBM, and they are expected to achieve a certain score before being considered for the job. The basic function of the Employer's programmers, programmer analysts, and assistant programmers is to write instructions to the electronic machines.' Programmers spend by far the greater part of their time in devising new procedures and adapting them to computers such as the IBM 1401, 1460, 707, and 360, model 50. The program of instructions is then relayed to the key punch operators who convert the program to cards that the machine will recognize. If the computer rejects a particular program, it is incumbent upon the programmers working with that system to discover `Women employees are paid within eight set classifications . The only information made available by the Employer at the hearing was that the eighth classification had a minimum and maximum range of $200 Male employees are not paid according to any set wage scale , but rather according to periodic executive review The five female assistant underwriters , who both parties stipulated should be included in or excluded from the unit with the rest of the underwriters, apparently receive salaries in close range of classification eight. 'Reliance Insurance Company, 173 NLRB No. 147. In Utica Mutual Insurance Company, 165 NLRB No. 105, cited by the Employer, the parties did not question the appropriateness of including underwriters in the clerical unit We do not believe, however, that the record furnishes support for the Petitioner 's alternative contention that underwriters are supervisors in the statutory sense 861 and correct the mistakes. The three types of programmers perform similar job duties, distinguished by the number of computer languages they know. Because of the complexity of some of the languages , some programmers are unable to advance into programmer analyst status. The assistant programmers often work only with a single language which they learn after 2-3 weeks of IBM-developed instruction involving 40 hours of reading program instructions. On the other hand, programmer analysts have worked in programming at least 2 years, and they usually have facility with three or four computer languages . On-the-job instruction by representatives of IBM continues when Data Processing Manager Dalton decides that an employee is ready to learn a new language. The Data Processing Center is located in a walled-off section of the second floor of the Employer's main building. The programmers are supervised by four systems analysts working under Manager Dalton, and the programmers are in frequent contact with the computer operators, key punch "operators, and tabulator operators. Although programmers are scheduled to work the same hours as those of other unit employees, they are often called during emergency situations at night to remedy program errors. Programmers receive fringe benefits similar to those of other employees, but they are paid a salary in excess of the top female pay category, an amount substantially greater than that which most of the office clerical employees receive. Programmers receive no overtime pay for extra time worked, as do other employees. On the basis of the facts that programmers (1) perform jobs demanding patently greater technical competence, (2) receive extensive training , (3) work in an enclosed section of the Employer's main building, (4) work irregular hours, and (5) receive considerably more compensation than most of the office clerical employees, we find that significant differences exist between programmers and the unit employees in regards to job functions, responsibilities, use of initiative and independent judgment, immediate supervision, wages, and hours.' In the circumstances of this case, we find that the programmers, programmer analysts, and assistant programmers have interests sufficiently different to require their exclusion from the unit of clerical employees here sought.' Computer Operators: Upon development of a program by a programmer, it is recorded on punch cards and turned over to one of the 12 computer operators, who records the program on magnetic tape and runs the program through the machine, 'The Employer employs 25 programmers , 2 of whom are women Many of these are denominated "programmer analysts," indicating their advanced capabilities in the field 'Cf. Bethlehem Steel Corp 172 NLRB No. 32 ; Worthington Corporation , Compressor and Engine Division , 155 NLRB 222; and General Iron Works Co, 150 NLRB 190 'Cf. Utica Mutual Insurance Company, supra 862 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with the programmer then checking the results and making modifications of the basic program as necessary. The computer operator has no knowledge of any computer language , and he merely performs predetermined mechanical functions . The Employer requires no previous computer experience or higher education of operator applicants, demanding only that they receive a certain score on an IBM-devised test. Computer operators work in the Data Processing Center and are supervised by Operations Manager Bacome. The operators receive on-the-job training .for 2 or 3 months, and they must usually continue as operators for 2 or 3 years before being considered for programming positions . Based on the limited information provided by the Employer, it appears that computer operators . receive salaries below those paid to programmers and more closely paralleling the wages paid to the office clerical employees. Operators are located in the Data Processing Center with the programmers. Based upon the foregoing, we find that computer operators (1) perform work of a routine nature, (2) receive compensation comparable to that received by other office clericals , (3) receive limited training, and (4 ) in significant respects, share the community of interests of the office clerical employees. Accordingly, we find that computer operators have sufficiently similar interests to warrant their inclusion in the unit. Rate Specialists , Accountants , and Statisticians: The Employer employs three "rate specialists" who make out rate increases or changes in categories, file such changes with various state insurance agencies, and prepare field agents' rate manuals . Although they are paid wages in female classification 6 and above , they receive no special training , and their work appears to be routine in nature. Accordingly, we find that the rate specialists share a community of interest with other unit employees and thus should be included in the unit. The Employer's five accountants prepare internal statements and convention statements required to be filed with insurance departments in every state. None of the accountants have college degrees in accounting , none are certified public accountants, and they do not receive any special training on the job. We find the accountants to be properly included in the unit. As for the two to four statisticians , or bureau reporting clerks, employed by the Company, none have any training beyond high school, and their job requires little more than simple accounting skills. They clearly are not supervisors , as contended by the Petitioner . We find them to be an appropriate inclusion in the unit. The following disputed individuals should be included in the unit: (1) Computer operators Langsdale and Saylor are referred to as "shift supervisors ." However , their duties are basically the same as the other computer operators , and they do not receive extra compensation . Their only distinguishing factor is that they serve as leadmen on alternate shifts. (2) Tape librarian Stahlheber, who works in the Data Processing Center, catalogues the tapes which are fed into computers. Her job is routine in nature, requiring little training and demanding no discretion on her part. (3) Statisticians Ison and Vinson apparently perform the same duties as other statisticians . Contrary to the Petitioner ' s assertion , the evidence does not establish that they possess any supervisory authority. (4) L. Young, Data Processing Manager Dalton's secretary, mainly does document typing for the department . The evidence is insufficient to establish that Young acts in the capacity of confidential secretary to Dalton . (5) E. Walters , Audits and Controls, logs totals of premium figures processed through data processing and prepares monthly reports. He has no knowledge of computers , and his job is routine in nature . (6) L. Mitchell is secretary to Claims Vice President Hugus. The evidence is insufficient to establish that she serves as a confidential secretary to Hugus, or that Hugus in any meaningful way "formulates , determines or effectuates management policies in the field of labor relations ." The B . F. Goodrich Co., 115 NLRB 722, 724. (7) A. Armstrong , Senior Claims Specialist, works under Office Manager Urick . There is some evidence that she has access to attendance records and has a key to locked cabinets , but the evidence is insufficient to establish that her work is other than clerical and routine . (8) S. Burney , secretary to Assistant Secretary Krucker , performs routine stenographic duties, and there is no indication that her job entails any of the characteristics of a confidential assistant . (9) Auditor Buddemeyer helps with collection problems in branch offices, and he often fills in when the need arises for additional collection personnel in the field . There is no evidence that the work is other than routine or that it demands independent judgment or discretion. (10) E. Durr , the part -time telephone operator , performs relief duties as a substitute for the two regular telephone operators . In the past 13 months , she has worked every month and averaged 27 1 /2 hours per month . We find that she is a regular part-time employee who shares a community of interest with the other unit employees. The following disputed individuals should be excluded from the unit : ( 1) M. Mehl instructs prospective key punch operators and then assigns the trainees ' work to verifiers for correction. Mehl can grant sick leave time to employees in her section , and she makes effective recommendations to Munz , head of Key Punch and Coding , as to the acceptability of trainees . We find that Mehl possesses supervisory authority and should be excluded from the unit . (2) Auditor J. Decker is an auditor inspector in the field, who underwrites risks on unusual liabilities . As we have found that underwriters do not share a significant community of interest with the unit employees , we shall exclude THE OHIO CASUALTY INSURANCE CO. 863 Decker on the same basis. Accordingly, we find that the following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All home office clerical employees employed by the Employer at its facilities at 136 North Third Street, Hamilton, Ohio; The Grant Building on High Street, Hamilton, Ohio; The Wilks Building on High Street, Hamilton, Ohio; and the Henderson Building on Third Street in Hamilton, Ohio, but excluding all underwriters, claims agents, print shop employees, computer programmers, confidential assistants, guards and supervisors as defined in the Act, and all other employees. The unit found appropriate is slightly larger than that sought by the Petitioner and the exact interest of the Petitioner in the unit is not clear from the record before us. Accordingly, the Regional Director will proceed with the election herein directed only after he shall have first determined that the Petitioner has made an adequate and timely showing of interest among the employees in the appropriate unit who are eligible to vote in the election. In the event the Petitioner does not wish to participate in an election in such a unit, we shall permit it to withdraw its petition upon notice to the Regional Director. [Direction of Election" omitted from publication.] 'In order to assure that all eligible voters may have the opportunity to be informed of the issues in the exercise of their statutory right to vote, all parties to the election should have access to a list of voters and their addresses which may be used to communicate with them. Excelsior Underwear, Inc., 156 NLRB 1236; N.L.R.B. v. Wyman-Gordon Company, 394 U.S. 759. Accordingly, it is hereby directed that an election eligibility list, containing the names and addresses of all the eligible voters, must be filed with the Regional Director for Region 9 within 7 days of the date of this Decision and Direction of Election. The list may initially be used by the Regional Director to assist in determining an adequate showing of interest. The Regional Director shall make the list available to all parties to the election when he shall have determined that an adequate showing of interest among the employees in the unit found appropriate has been established. No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances. Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed. Copy with citationCopy as parenthetical citation