Ward Leonard Electric Co.

National Labor Relations Board - Board Decisions

Dec 29, 1944

59 N.L.R.B. 1305 (N.L.R.B. 1944)

t
In the Matter of WARD LEONARD ELECTRIC Co. and- UNITED Er cmIOAL,
RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. L-R-5033.Decided December 29, 1944
McLanahan, Merritt d Ingraham, by Messrs. William, D. Turner
and Hyler Connell, of New York City, for the Company.
Mr. Frank S'cheiner and Miss Mildred Roth, of New York City,
for the UE.
Mr.'Henry Mayer, by Mr. Alexander Eltman, of New York City,
for the Employees Organization.
.
Mr. Paul Bisgyer, 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, C. I. 0., herein called the UE, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Ward Leonard Electric Co., Mount Vernon, New York,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Jack
Davis, Trial Examiner. Said hearing was held at New York City
on November 27, 28, and 29, 1944. The Company, the UE, and Ward,
Leonard Electric Employees' Labor Organization, herein called the
Employees Organization, appeared and participated. All parties;
were afforded full opportunity to be heard, to examine and cross-ex-,
amine witnesses, and to introduce evidence bearing on the issues. At
the close of the-hearing, the Company moved to dismiss the petition.
on the ground that the unit sought was inappropriate., The Trial
Examiner referred the motion to the Board for determination. For
reasons set forth in Section IV, infra, the motion is denied. Subse-
quent to the hearing, the Employees Organization made a motion
requesting the Board to receive into evidence a circular issued by the
UE. Forthe reason set forth in Section IV, infra, this motion is
also denied. The Trial Examiner's rulings made at the hearing are
59 N. L. R. B., No. 238.
1305
1306
free from prejudicial error and are hereby affirmed. All parties were
afforded an 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
Ward Leonard Electric Co. is a New York corporation having its
principal office, factories, and warehouses in Mount Vernon, New
York. The Company is engaged in the manufacture, sale, and dis-
tribution of electrical control equipment and resistance units. Dur-
ing the past year, it used in its operations raw materials valued in
excess of $1,000,000, of which approximately 50 percent was shipped
fromrpoints outside the State'•of New York. During the same period
its finished products exceeded $1,000,000 in value of which approxi-
mately 90 percent was sold and shipped to points outside the State.
The Company admits, for the purposes of this proceeding, that it is
engaged in commerce within the meaning of the National Labor Re-
lations Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organiza-
tion admitting to membership employees of the Company.
Ward Leonard Electric Employees' Labor Organization is, a labor
organization admitting to membership employees of the Company.
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III.-THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the UE as the ex-
clusive bargaining representative of certain of its employees.
A statement of a Board Field Examiner, introduced into evidence
at the hearing, indicates that the UE represents a substantial number
of employees 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 UE seeks a unit of all the Company's production and mainte-
nance employees, including truckdrivers, stockroom employees, ma-
1 The Field Examiner reported that the UE submitted 703 membership application cards
bearing the names of persons listed on the Company 's pay roll of October 19, 1944, which
contained the names of 2,056 employees in the alleged appropriate unit.
The Employees Organization relies on its contract with the Company, which expired on
November 3, 1944 , as proof of its interest in this proceeding.
WARD LEONARD ELECTRIC CO . 1307
trons , porters, elevator operators, shipping and receiving department
employees (except those performing strictly clerical work), but ex-
cluding office clerical employees, factory clerical employees, time-
keepers, expediters, draftsmen, senior engineers, junior engineers,
guards, watchmen, secretaries to executives, and supervisory person-
nel. The Employees Organization and the Company contend that,
in view of the history of collective bargaining at the plant, all non-
supervisory -employees 'comprise an appropriate unit. More par-
ticularly, the parties are in dispute with, respect to office and factory
clerical employees, timekeepers, expediters, draftsmen, junior engi-
neers, guards, and watchmen.
On September 18, 1941, pursuant to a consent election held under
Board auspices in which the Employees Organization and United
Construction Workers, Local 140, C. 1. 0., participated, the Employees
Organization was certified as the exclusive bargaining representative
for, all employees of the Company excluding supervisors.2 In Novem-
ber of that year, the Employees Organization and the Company ex-
ecuted a 1-year contract covering the employees in the aforesaid unit.
Thereafter, in proceedings instituted by International Brotherhood
of Electrical Workers, Local #501, A. F. of L., on October 23, 1942,
the petitioning union, the Employees Organization, and the Company
entered into a "Stipulation For Certification Upon Consent Election"
which provided for 'a production and maintenance unit, excluding
office and supervisory employees. The Employees Organization won
the election and on February 5, 1943, was certified as the exclusive
representative of the employees in the specified unit .3 Nevertheless,
on April 5, 1943, the Employees Organization and the Company con-
cluded an agreement covering "all of the employees of the Company
with the exception' of representatives of management, such as execu-
tives and supervisors." This agreement,continued in force and effect
until November 3, 1944. Thus, it appears that for about 3 year's the
Employees Organization has bargained in a single unit for production
and maintenance, office clerical, and technical employees.
The Company's plant consists of 14 buildings in Mount Vernon,
New York, all but 1 of which are within a 1-mile radius of one another.
Its manufacturing operations are conducted in a number of buildings
and its general offices are located in certain sections of 3 buildings.'
Once clerical employees, draftsmen, and junior engineers: The
office clerical group comprises such employees as bookkeepers, auditors,
stenographers, typists, and file clerks. They work in offices segregated
from the various production areas of the plant. Their functions and
2 Case No. R-2913.
8 Case No. R-4809.
4Part of the South Street (Main) Building , the second floor of the Sheffield Building,
and part of the Ward Motor Building.
1308 DECISIONS, OF NATIONAL LABOR RELATIONS 'BOARD
interests are essentially different from those of production and main-
tenance employees and they have separate supervision. Draftsmen
and junior engineers are technical employees who also work in,the
Company's offices. In view of the foregoing facts, and despite the
history of collective bargaining, we shall adhere to our customary
policy of excluding, office clerical and technical employees from a'
production and maintenance unit. Accordingly; office clerical, em-
ployees, draftsmen, and junior engineers will be excluded.5
Factory clerical employees: They are employed in the various pro-
duction departments under production supervisory employees. While
factory clerks have various pay-roll designations, they perform, in the
main, similar duties. They keep records, type, file, prepare interde-
partmental memorada, and may act as messengers. Inasmuch as it
appears that the factory clerks have interests which are sufficiently
related ' to those of production workers with whom they come in
daily contact, and are subject to the same supervision as production
workers, we shall include them .6
Timekeepers: They are assigned to various production departments
where they keep . time records of production employees and the jobs
upon which they work for, the Cost Department. They are super-
vised by the Chief Timekeeper who is responsible to the head of the
Cost. Department. Under the circumstances, and in accordance with
our usual' practice, we shall exclude them.7
Expediters : Although they are charged with the duty of expedit-
ing the fulfillment of orders, which may require that they procure
necessary materials to complete a job,-it appears that they also devote
their time to clerical work such as reporting to management the status
of orders. Furthermore, they constitute a part of a purely office
clerical departments. We shall exclude them."
Guards : They are under the supervision of a captain and two lieu-
tenants who are responsible to the person in charge' of,plant security
and safety. They perform the general duties of plant-protection gem= '
ployees and keep unauthorized persons off the premises. The guards
are armed and uniformed.' They will be excluded. '
5 Matter of Goodman Manufacturing Company, 58 N. L. It. B. 531 ; Matter of Thomas L.
Green & Company, 57 N. L . It. B. 1692 ; Matter of Worth Steel Company, 53 N L. It. B. 168;
and Matter of Boston Edison Company, 51 N. L . R. B. 118.
e Matter of , Goodman Manufacturing Comapny, supra ; Matter of Servel, Inc., 58
N. L. It. B. 5 ; and Matter of Proximity Manufacturing Co., 56 N. L. It. B. 264.
.7
Matter of Goodman Manufacturing Company, supra ; and Matter of Aluminum Forgings-,
Inc., 53 N. L. It. B. 1054
As noted above , subsequent to the hearing , the Employees Organization made a motion
requesting the' Board to receive into evidence a circular issued by the UE. The circular
indicates that the UE successfully "sign ( ed)" up timekeepers and factory clerks. Since
it has no bearing on the basis for our determinations herein, the tendered evidence is
rejected.
9 Matter of Julien P Freiz and Sons, 47 N. L . It. B. 43.
They were recently demilitarized.
WARD LEONARD ELECTRIC CO. 1309
Watchmen: They are neither armed, uniformed, militarized, nor
deputized; nor do they check upon persons entering or leaving' the
building. We shall include them.lo -
We find that all the Company's production and maintenance em-
ployees, including truck drivers, stockrdom employees, matrons, por-
ters, elevator operators, shipping and receiving department employ-
ees, factory clerical employees, and watchmen, but excluding office-
clerical employees, timekeepers, expedite'rt; draftsmen, senior en-
gineers, junior engineers, secretaries to executives, guards, -and all
supervisory employees with authority to hire, promote, discharge, dis-
cipline, 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
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction?1
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 Re-
lations Board Rules and Regulations-Series 3, as amended, it is
hereby
DI'RECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Ward Leonard
Electric Co., Mount Vernon, New York, 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 super-
vision of the Regional Director for the Second 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
the 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
10 See Matter of Charlottesville Woolen Mills , 59 N. L. R. B. 1160.
"The UE requests that its name be designated on the ballot as it appears in the Direc-
tion of Election. i
1310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'the said pay -roll period because they were ill or on vacation or tem-
,porarily laid off , and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding any who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
i and determine whether they desire to be represented by UE-CIO,
United Electrical ; Radio & Machine Workers of America, or by
Ward Leonard Electric', + r" ployees' Labor Organization , for, the
purposes of collective bargaining , or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.