Worden-Allen Co.

National Labor Relations Board - Board Decisions

May 29, 1952

99 N.L.R.B. 410 (N.L.R.B. 1952)

410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Clark, whom the Union would include, is known as the parts man-
ager and normally directs the work of a subordinate, over whole he
holds the power of discharge. At the time of the hearing this sub-
ordinate position was vacant, but President Ramsey had instructed
Clark to locate and hire a new assistant. We shall exclude hint as a
supervisor.'
McCool, whom the Employer would include, is currently spending
90 percent of his time as a parts man. He also works all over the es-
tablishment, doing repair work and handling complaints. As an ex-
perienced Ford man, he was brought in for the purpose of rebuilding
the entire service business. If satisfactory, he is expected to be placed
in charge of all service employees. President Ramsey regards hilts
even now as of higher rank than Parts Manager Clark. We believe
that his interests are materially different from those of the other em-
ployees, and we shall therefore exclude him?
Upon the entire record in the case, we find that all service depart-
ment employees at the Employer's Malvern, Arkansas, place of busi-
ness, including mechanics, body and fender men, painters, washers,
lubrication men, and parts men, but excluding office clerical employees,
professional employees, watchmen-guards, car salesmen, the prospec-
tive service manager,8 the parts manager, and all other supervisors
as definded in the Act, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
[Text of Direction of Election omitted from publication in this
volume.]
6 Continental Pipe Line Co., 78 NLRB 379, 383; Brewster Pateros Processors , Inc., 73
NLRB 833 ; Scanlon-Morris Division, Ohio Chemical ii Mfg. Co., 71 NLRB 903.
7 Muller Company, Ltd., 98 NLRB 737.
8 McCool.
WORDEN-ALLEN COMPANY and PAUL FISCI3ER , PETITIONER and TECH-
NICAL ENGINEERS ' ASSOCIATION . Case No. 13-RD-113. May 29,
1952
Decision and Direction of Elections
Upon a decertification petition duly filed under Section 9 (c) of the
National Labor Relations Act, a hearing was held before Helene Zogg,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.'
"At the hearing, the Union adduced evidence to show that the Employer had inspired
and fostered the petition. A motion by the Union to dismiss the petition on this ground
was referred by the hearing officer to the Board. As it is the Board's established practice
to exclude from representation proceedings all matters relating to unfair labor practices
the Union's motion is denied. For the same reason, all testimony with respect to the matter
is hereby stricken from the record. Jell-Well Dessert Company, 82 NLRB 101, and cases
therein cited ; C and M Lumber Co., Inc., 83 NLRB 1258.
99 NLRB No. 67.
WORDEN-ALLEN COMPANY 411
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Houston and Murdock].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The Petitioner, an employee of the Employer, asserts that the
Union is no longer the representative, as defined in Section 9 (a) of
the Act, of the employees designated in the petition. The Union, a
labor organization, was certified by the Board as such representative
on November 8, 1950, pursuant to a consent election.2
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit :
The Petitioner seeks decertification of the Union as the bargaining
representative of all engineers and draftsmen (including blueprinters)
in the Employer's drafting room, excluding the office force, salesmen,
and shop employees. The Union contends that there should be sepa-
rate elections among the engineers and draftsmen, on the ground that
the former are professional employees, and the latter, technical em-
ployees. The Employer contends that at least some of the draftsmen,
as well as the engineers, are professional employees. It further con-
tends that the work of the engineers and draftsmen is so interrelated
that both groups should be included, as in the past, in a single unit .3
The parties disagree as to the inclusion or exclusion of the chief engi-
neer, squad leaders, and part-time employees.
The Employer is engaged at its plant in Milwaukee, Wisconsin, in
the manufacture and fabrication of structural steel and jobbing. It
erects structures of various types, including buildings and bridges.
Its production and maintenance employees have been represented,
since .1934, by Local 471, Bridge Structural and Iron Workers,
A. F. L.; its engineers and draftsmen, since 1950, by the Union.
The engineers and draftsmen, although in separate departments,
all work in the same room, designated as the drafting room, under
the general supervision of the chief engineer4 They are classified as
engineers (class A and class B), engineering trainees, draftsmen (class
2 Case No. 13-RC-1560.
The consent election in 1950 , as a result of which the Union was certified, was held in
an agreed unit of "all engineering and drafting employees ... excluding office employees
and supervisory employees as defined in the Act as amended , and further excluding all
other ' employees of the Company." No question was raised at that time as to the profes-
sional status of any of the employees involved.
4 Except for the Employer's personnel man, there are no other employees located in the
drafting room . The parties agree that the personnel man should be excluded from the
unit.
412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A and class B), engineering trainees, draftsmen (class A and class
B), drafting room trainees and billers, and blueprinters.5
The class A engineers design complete building units, structurally
or architecturally, without immediate supervision, write specifications
for buildings, and must be able to detail and check shop fabrication
drawings. At times they have a class B engineer or an engineering
trainee working under them. They have some personal contact with
customers, and spend about 5 percent of their time in the field. Their
work varies from day to day according to the type of building they
have to design and whether they are working in the office or in the
field. They are required to have a college degree in civil engineering
or architecture or its equivalent in experience and night school work,"
and at least 6 years additional experience. Their salary range is from
$350 to $500 a month.
The class B engineers also design complete building units, but
work with supervision and instruction. They should be able to detail
shop fabrication drawings, but do not check them. They have little
contact with customers. About 10 percent of their time is spent in
the field. As they work on all types of structures, their work is varied.
Except on simple jobs, it is checked by the chief engineer or by a
class A engineer. They are required to have a college education or its
equivalent,' and 2 years additional experience. Their salary range is
from $275 to $350 a month. After acquiring sufficient experience, a
class B engineer may become a class A engineer.
The engineering trainees work directly under class A or class B
engineers, helping to design buildings. They must have sufficient
background to learn the requirements of building and structure de-
sign. They are required to have a college degree or its equivalent .8
Their salary range is from $200 to $275 a month. Trainees are ex-
pected to become class B engineers.
The class A draftsmen detail and check structural drawings for any
type of building without supervision, interpret engineering drawings,
and design joints from such drawings. On jobs designed by the Em-
ployer, they work closely with the engineers, and should be qualified
to work in the engineering department if necessary. They are re-
quired to have a college degree or its equivalent 9 in experience or
night school work and at least 6 years additional experience. Their
R There are 9 class A engineers (including the chief engineer), 5 class B engineers,
3 engineering trainees , 11 class A draftsmen , 8 class B draftsmen , 7 drafting room trainees
and billers , and 2 blueprinters.
8 Of the present class A engineers , 5 have college degrees. The other 4 have had from
11 to 27 years experience , and have taken courses in engineering or related subjects. Four
of them were formerly draftsmen at the Employer 's plant.
7 The present class B engineers all have college degrees in architecture or engineering.
8 The present trainees are all college graduates.
9 The present class A draftsmen have all had long experience , varying from 23 to 48,
years, and most of them have taken courses in engineering subjects . However, only one
has a college degree, and some have not even had a high school education.
WORDEN-ALLEN COMPANY 413
salary range is from $300 to $400 a month. At the present time, one
class A draftsman is assigned to the engineering department.1°
The class B draftsmen detail with some supervision, but do not
check drawings. They interpret engineering drawings and design
simple joints with assistance from class A draftsmen. They are re-
quired to have a college degree or its equivalent,11 and 2 years addi-.
tional experience. Their salary range is from $225 to $300 a month.
After acquiring experience, they usually become class A draftsmen.
Two class B draftsmen are on loan to the engineering department
at the present time, and will be permanently assigned to it in the near
future, either as trainees or class B engineers.
The drafting room trainees and billers assist class A or class B
draftsmen. They make simple details and bill material for shop use
from detailed drawings. They are required to have a high school
education or sufficient knowledge of mathematics to be able to learn
the fundamentals of drafting. Their salary range is from $150 to
$225 a month. After acquiring experience, they become class B drafts-
men.' One drafting room trainee is on loan to the engineering de-
partment at the present time.
The blue printers print the drawings and bills made by the engineer-
ing and drafting departments, and distribute them in the shop. Their
work is routine, and requires on special skill or training. Their sal-
ary range is the same as that of the drafting room trainees.
Upon the above facts and the record as a whole, we find, as the
Employer and the Union apparently agree,12 that the engineers and
engineering trainees are professional employees within the meaning
of Section 2 (12) of the Act. As previously noted, the Employer
contends that some of its draftsmen are also professionals 13 We do
not agree. It is true, as the Employer asserts in its brief, that many
of the class A draftsmen have taken engineering subjects at night
school or by correspondence to enable them to work out engineering
details and, if necessary, to help out in the engineering department.
The record discloses that they are capable of performing many of the
functions of an engineer, and that they are called upon many times
to do jobs which ordinarily would require an engineer. It does not
appear, however, that their regular work as draftsmen requires
"knowedge of an advanced type in a field of science or learning custom-
arily acquired by a prolonged course of specialized intellectual instruc-
10 Six of the class A draftsmen have at one time or another worked in the engineering
department. While there , they do the work of class A engineers so far as the preparation
of drawings from calculations and line drawings is concerned . Most of them, however, do
not have the engineering knowledge necessary to make the calculations.
11 None of the present class B draftsmen are college graduates.
11 The Petitioner takes no position on this question.
11 At the hearing, the Employer took the position that all the draftsmen , with the
exception of the blueprinters , are professionals . In its brief, however , it makes this con-
tention only as to its class A draftsmen.
414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion and study in an institution of higher learning." In this respect;
therefore, they fail to meet the requirements of Section 2 (12) 'of the
Act. We therefore find, as the Union contends, that the draftsmen are
not professional employees within the meaning of the Act.
As the engineers and draftsmen are engaged in closely related
work, are under common supervision, share the same working condi-
tions, and have in the past been included in the same unit, we find
that they may constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
However, the Board is precluded under Section 9 (b) (1) of the Act
from including professional employees in a unit with nonprofessional
employees unless a majority of the professional employees vote for
inclusion in such a unit. We must therefore ascertain the desires of
the professional employees as to inclusion in a unit with the nonpro-
fessional employees. We shall do this by special ballot in the sep-
arate election hereinafter directed 14
There remains for consideration the question of the inclusion or
exclusion of the chief engineer, squad leaders, and part-time em-
ployees.
The chief engineer is classified by the Employer as a class A engi-
neer . However, he is also a vice president of the company, represents
it in contract negotiations, and, in addition to his engineering duties,
supervises the engineering and drafting departments. As the record
shows that he has authority to recommend hiring, promotion, and dis-
charge, and that his recommendations are usually adopted, we find,
as the Petitioner and the Union contend, that he is a supervisor within
the meaning of the Act. We shall exclude him because of his man-
agerial and supervisory functions.
The squad leaders (three in number) are class A draftsmen who
have been given the additional duty of assigning work to the other
drafting department employees.15 They receive the engineering draw-
ings and distribute them to the members of their respective squads ac-
cording to ability 16 Thereafter, they are responsible for seeing that
the detailed drawings are properly prepared within the time allotted;
if they find they cannot get the work out on time, they appeal to the
Employer's president or chief engineer for additional help. Occasion-
ally they are consulted by management as to their opinion of the
ability of men in their squads. However, they have no authority to
hire, promote, or discharge; nor do they ordinarily recommend, such
action. They spend approximately 20 percent of their time in assign-
ing work; the rest of their time they do the regular work of class A
draftsmen. Their working conditions are the same as those of the
' Sonotone Corporation, 90 NLRB 1236.
15 One of them, in addition , is responsible for the work of the blueprinters.
16 Each squad consists of approximately one-third of the draftsmen.
WORDEN-ALLEN COMPANY 415
other class A draftsmen, and they receive no additional compensation
for their work as squad leaders. In the absence of one of the squad
leaders, another class A draftsman takes his place. Under all the cir-
cumstances, we find, contrary to the contention of the Union, that the
squad leaders are not supervisors within the meaning of the Act. We
shall therefore include them.
The part-time employees include 4 of the class A engineers, 1 class B
engineer, and 1 drafting room trainee, all of whom work for the
Employer 20 hours or more a week, usually in the evenings and on
Saturdays 17 Although their hours are irregular, their duties are the
same as those of the full-time employees in the same job classifications,
and they are paid on the same basis.18 The Employer would include
and the Union would exclude them. As our unit finding is based upon
functionally related occupational categories, and all employees work-
ing at jobs within the unit are necessarily included and entitled to
representation, irrespective of the tenure of their employment, we
shall include theml9 We also find that they are eligible to vote in
the election.20
We shall direct separate elections in the following voting groups
including, in each case, part-time workers, but excluding office em-
ployees, salesmen, shop employees, and supervisors as defined in the
Act.
(a) All engineers and engineering trainees employed in the drafting
room of the Employer's plant at Milwaukee, Wisconsin.
(b) All draftsmen (including the squad leaders), drafting room
trainees and billers, and blueprinters, employed in the drafting room
of the Employer's plant at Milwaukee, Wisconsin.
The employees in nonprofessional voting group (b) will be polled
as to whether or not they desire the Union to represent them.
The employees in professional voting group (a) will be asked
two questions on their ballots : (1) Do you desire to be included in a
unit with draftsmen, drafting room trainees and billers, and blue-
printers for the purposes of collective bargaining? (2) Do you desire
to be represented for the purposes of collective bargaining by the
Union? If a majority of the professional employees vote "yes" to
the first question, indicating their desire to be included in a unit
with nonprofessional employees, they will be so included. Their votes
on the second question will then be counted together with the votes
of the nonprofessional employees to decide whether the Union has
been selected to represent the combined bargaining unit. If, on the
17 Most of these part -time employees also work for other architectural or engineering
concerns ; one i$ an instructor at Marquette University.
11 All employees in the drafting room are paid monthly, according to the number of
hours worked.
11 Commercial Equipment Company, Inc ., 95 NLRB 354.
20 Commercial Equipment Company, Inc., supra.
416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other hand, a majority of the professional employees vote against
inclusion, they will not be included with the nonprofessional em-
ployees. Their votes on the second question will then be counted to
decide whether or not they desire to be represented by the Union in
a separate professional unit. If a majority in either the professional
unit alone, the nonprofessional unit alone, or the combined unit vote
for the Union, the Regional Director conducting the elections directed
herein is instructed to issue a certification of representatives to the
Union for such unit or units.
[Text of Direction of Elections omitted from publication in this
volume.]
UNDERWOOD CORPORATION (PACIFIC DISTRICT) and INTERNATIONAL
UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, CIO, PETI-
TIONER. Case No. 20-RC-1678. May 29, 1952
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before David Karasick, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Murdock, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.-
3. The Employer moved that the petition be dismissed on the ground
that subsisting contracts with the Associated Service Department
Employees of U. E. F., herein called the Association,' constitutes a
bar to this proceeding. The Petitioner opposed the motion on the
grounds of defunctness and schism in the ranks of the Association,
and on the further ground that the contracts were about to expire.
We find merit in the last stated ground, and need not therefore con-
sider the other reasons in opposition to the motion. As the contracts
offered as a bar expired on May 1, 1952, we find that they do not con-
stitute a bar to the petition. The motion to dismiss the petition is
hereby denied.
' No appearance at the hearing or request for intervention was made by anyone in
behalf of the Association.
99 NLRB No. 77.