Worthington Pump and Machinery Corp.

National Labor Relations Board - Board DecisionsMar 28, 1946

66 N.L.R.B. 1351 (N.L.R.B. 1946)

In the Matter of WORTHINGTON PUMP AND MACHINERY CORPORATION and TIME AND MOTION STUDY ASSOCIATION Case No. 1-R-2709.-Decided March 28, 1946 Messrs. A. S. Ormsby and L. C. Ricketts, both of Harrison, N. J., for the Company. Messrs. Edward B. Cooley and Harold Kaufman, both of Spring- field, Mass., for the Union. Mr. Jerome J. Dick, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition 1 duly filed by Time and Motion Study Association, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Worthing- ton Pump and Machinery Corporation, Holyoke, Massachusetts, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Leo J. Halloran, Trial Examiner. The hearing was held at Springfield, Massachusetts, on February 8, 1946. The Company and the Union appeared and participated. All parties were afforded full oppor- tunity 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 prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Worthington Pump and Machinery Corporation is a Delaware corporation with its main office at Harrison, New Jersey. The Com- 3 The petition was amended at the hearing. 66 N. L. It. R, No. 163. 1351 1352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pany has district sales offices and representatives throughout the United States and foreign countries, and operates plants in many States. This proceeding is concerned solely with the Company's plant in Holyoke, Massachusetts. At this plant, the Company manu- factures compressors and air conditioning and refrigeration equip- ment. During the 6-month period immediately preceding February 8, 1946, the value of raw materials used by the Company exceeded $1,000,000 in value, more than 90 percent of which came from points outside the Commonwealth of Massachusetts. During the same period, the Company manufactured finished products exceeding $1,000,000 in value, more than 80 percent of which was shipped to points outside the Commonwealth of Massachusetts. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Time and -Motion Study Association is an unaffiliated labor organ- ization, admitting to membership employees of the Company. 111. 'I`1IE QUESTION CONCERNING REPRESENT VTiON The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees 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 found appropriate. We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. TIIE APPROPRIATE UNIT The Union seeks to represent all time-study and standards em- ployees of the Company's Holyoke, Massachusetts, plant,3 excluding all supervisory employees. However, the Company contends that the requested unit is inappropriate on the ground that time and study standards employees are "managerial." 3The Field Examiner repotted that the Union submitted a petition , bearing the signa- tures of 12 of the Company 's employees . There are approximately 13 employees in the appropriate unit. 3 United Electrical , Radio and Machine Workers of America , Local 259 , C. I. 0., repre- sents all hourly rated employees of the Company at the Holyoke Plant . The time-study and standards men are salaried employees WORTHINGTON PUMP AND MACHINERY CORPORATION 1353 Time-study and standards employees, through analysis of methods, set a time standard for the performance of an operation .4 These time standards, which are arrived at through independent judgment, are usually accepted by the Company, but are subject to review by the time-study supervisor. The time standard has no effect on the production workers' base rate of pay. However, if the employee produces work at a rate exceeding the time standard, he receives an incentive bonus. It is conceded that the time study and standards men have none of the powers of supervisory employees. Moreover, they do not set the base wage rate and are not concerned with labor relations. It is apparent that these employees have no substan- tial part in the formulation, determination, or effectuation of any management policy. Accordingly, we do not consider them to be "managerial" employees.5 We find that all time-study and standards employees of the Com- pany's Holyoke, Massachusetts, plant, excluding all supervisory em- ployees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the pur- poses 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 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 Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Pules and Regulations-Series 3, as amended, it is hereby DIRECTED that. a5 part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Worthington Pump and Machinery Corporation, Holyoke, Massachusetts, an election by secret ballot shall be conducted as early as possible, but :The time -study men go out on the floor and time the operations with a stop watch, while the standards men set the time standard at their desks through the use of blue prints and data from similar operations which have already been limed by the tine study men. 5 See Matter of Fora Motor Company (Chicago Branch), 66 N. L. R. B. 1317 1354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD not later than forty (40) days from the date of this Direction, under the direction and supervision of the Regional Director for the First Region, acting in this matter as agent for the National Labor Re- lations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among employees in the unit found appro- priate in Section IV, above, who were employed during the pay- roll period immediately preceding the date of this Direction, includ- ing 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 Time and Motion Study Association, for the purposes of collective bargaining.