Tyler Fixture Corp.

National Labor Relations Board - Board Decisions

Apr 29, 1946

67 N.L.R.B. 945 (N.L.R.B. 1946)

In the Matter of TYLER FIXTURE CORPORATION, SOUTHWEST Div. and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS. LOCAL
UNION No. B-1272, A. F. of L.
Case No. 16-R-1644.Decided April 29,1946
Mr. H. E. Wickham, of Waxahachie , Tex., for the Company.
Messrs. W. J. Cox and F. C. Ford, both of Dallas, Tex ., for the
Union.
Mr. Harrey B. Diamond, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by international Brotherhood of Electri-
cal Workers, Local Union No. B-1272, A. F. of L., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Tyler Fixture Corporation,
Southwest Div., Waxahachie. Texas, herein called the Company, the
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Glenn L. Moller, Trial Examiner. The
hearing was held at Waxahachie, Texas, on March 25, 1946. The
Company and the Union appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded op-
portunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FIN 1vINGti OF F.1CT
'I HE L'USINESS (F TAE COMP.INY
Tyler Fixture Corpor::tiom is a Mlehlran corporation with its prin-
cipal office at Niles, Michigan. The Company manufactures coln-
rriercial refrigerators and merchandising display fixtures and operates
67 N. L. R. B, No 115
945
692145-46-vol (ii7--61
946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plants in Michigan, New York, and at Waxahachie, Texas. Only
the Waxahachie plant is involved in this proceeding. The Company
began operations at its Waxahachie plant in November 1945, and,
based, upon its operations up to the date of the hearing and anticipated
future operations, estimates that it will receive annually at its Waxa-
hachie plant from points outside the State of Texas raw materials
valued in excess of $50,000. Based upon the same considerations, the
Company estimates that it will ship annually from its Waxahachie
plant to points outside the State of Texas finished products valued in
excess of $100,000.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, Local Union No.
B-1272, is a labor organization, affiliated with the American Feder-
ation of Labor, 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 the employees of its Waxa-
hachie plant until the Union 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 Union represents a substantial number
of employees in the unit hereinafter fo ind 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 Union contends that the appropriate unit should consist of
all production and maintenance employees at the Company's Wax-
ahachie plant, including leadmen, stockroom employees, and inspec-
tors, but excluding office clerical employees, foremen, and all other
supervisory employees. The Company agrees generally that the fore-
going unit is appropriate, but would also exclude from the unit the
stockroom employees and the inspectors.
Stock Room Employees : The only category of employees in the
stock room is that of stockroom attendant. The Company would
s The Field Examiner reported that the Union submitted 108 cards , bearing the names
of 106 employees There are approximately 150 employees in the alleged appropriate unit
TYLER FIXTURE CORPORATION 947
exclude them on the ground that they prepare all inventory records
and handle all paper work connected with the receiving of materials.
They spend a substantial part of their time in the actual handling of
materials, and are also responsible for the dispensing and receiving
of tools taken from and returned to the toolroom, which is operated
in conjunction with the stockroom. In conformity with our estab-
lished practice with respect to such plant clerical employees, we shall
include the stockroom attendants in the appropriate unit.z The head
of the stockroom, Franklin Johnson, is also classified as a stockroom
attendant, but he is paid a higher wage rate than the other attendants
and has been instructed that part of his duties includes reporting to
the production control superintendent with respect to the quality of
work and ability of the men in the stockroom, and the Company
looks to him for such recommendations. The Company would, in
every instance, rely upon his recommendations at least to the extent of
transferring the employee involved to another department. Inasmuch
as Johnson falls within our definition of a supervisory employee, we
shall exclude him from the unit.
Inspectors: The Company, as a sole ground for their exclusion,
urges that the inspectors are identified with management. We do not
agree. The inspectors have no supervisory authority, nor do they
serve in a confidential capacity with respect to labor relations. We
have frequently rejected the contention that the function of inspecting
the output of production employees and rejecting faulty work is
"managerial" in the sense here urged by the Company.3 We will in-
elude inspectors.
We find that all production and maintenance employees at the
Company's Waxahachie plant, including stockroom attendants, in-
spectors, leadmen,4 and watchmen,' but excluding all clerical em-
ployees, foremen, the head of the stockroom, and all or any other
supervisory employees with authority to hire, promote, discipline,
discharge, 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.
2 Matter of Sinclair Rubber, Inc , 57 N L R B 800 , Matter of Harrison Steel Casting
Company, 63 N. L. R . B. 585 ; Matter of Food Machinery Corp, Sprague -Sells Division,
64 N L R. B. 1405
8 Matter of Schuler Axle Company, Inc , 64 N. L. R. B 740 ; Matter of Industrial Rayon
Corporation , 56 N. L . R. B. 1679.
4 The parties agree , and we find that leadmen are not supervisory employees within the
meaning of the Board 's customary definition.
5 Watchmen are not uniformed and do not possess monitorial authority with respect to
other employees They also perform maintenance duties, including sweeping and cleaning
up of the plant and offices.
948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
Some doubt was expressed by the Company as to the wisdom of con-
ducting an election at this time, inasmuch as the Company has only
recently commenced operations and has not yet employed its full com-
plement of personnel. The record shows, however, that the Company
anticipates a total personnel of approximately 300 employees, and that
at the time of the hearing approximately 50 percent of that number
had already been employed. We, therefore, see no reason to delay
a present 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
immediately 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,
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 Tyler Fixture
Corporation, Waxahachie, Texas, 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 Sixteenth 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 ill or on vacation or temporarily
laid off, 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 Inter-
national Brotherhood of Electrical Workers, Local Union No. B-1272,
affiliated with the A. F. of L., for the purposes of collective bargaining.
9 Matter of International Shoe Company, 64 N. L R. B . 457 ; Matter of War Hemp In-
dustries , Inc, 57 N . L. R B. 1709 , Matter of Pullman-Standard Car Manufacturing Com-
pany, 49 N. L R . B. 542.