Auto-Lite Battery Corp.

National Labor Relations Board - Board Decisions

Feb 28, 1946

66 N.L.R.B. 158 (N.L.R.B. 1946)

In the Matter of AUTO-LITE BATTERY CORPORATION, OWEN-DYNETO
DIVISION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT
AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, CIO
Case No. 3-R-1111.-Decided February 28, 19J6
Mr. ZVilliam D. Driscoll, of Toledo, Ohio, for the Company.
Messrs. Francis X. O'Mealia and Edward Gardino, of Syracuse,
N. Y., for the Union.
Mr. Benj. E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TILE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
CIO, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Auto-Lite Battery Corporation, Owen-Dyneto Division, Syracuse,
New York, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon clue notice before
Cyril W. O'Gorman, Trial Examiner. The hearing was held at
Syracuse, New York, on December 11, 1945. 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 TrNl Exam-
iner'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. TILE BUSINESS OF THE COMPANY
Auto-Lite Battery Corporation, Owen-Dyneto Division, a New
York corporation, operates two plants at Syracuse, New York, where
it manufactures automotive generators, windshield wipers, and small
66 N. L . R. B., No. 11.
1S8
AV O-LITE BATTERY CORPORATION 159
automotive electric equipment. During the past 12 months, its pur-
chases of raw materials were valued in %,xcess of $1,000,000, 50 per-
cent of which was obtained from points outside the State of New
York. During the same period of time, the Company's finished
products were valued in excess of $1,500,000, of which 50 percent was
shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, is a labor organization, affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recog.lition 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 meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TI31. APPROPRIATE UNIT
The Union seeks to represent all guards, including sergeants,
employed at the Company's Syracuse plants. The Company alleges
that a unit of guards is inappropriate, contending that they are
identified with management and are not employees within the mean-
ing of the Act. The Company further urges that if the foregoing
unit is found appropriate, sergeants should be excluded because of
their supervisory status.
The Company's guards are neither militarized nor deputized.
Their duties, in the main, are confined to maintaining order and
identifying those seeking entrance to company property. The ordi-
1 The Field Examiner reported that the Union submitted 10 cards, bearing the names
of employees listed on the Company's pay roll
There are approximately 10 employees in the appropriate unit.
160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nary guards are not concerned with the formulation of company
policy; they do not represent management in the processing of griev-
ances, and while they are authorized to give orders for the purpose
of fulfilling their duties, they have no authority to discharge or dis-
cipline employees, or otherwise exercise supervisory or managerial
functions as the Board customarily defines those terms. We find,
contrary to the Company's contention, that the guards involved
herein are employees within the meaning of the Act.2
Sergeants: The record reveals that the sergeants participate in
conferences formulating company policy affecting guards ; they can
change the hours of a guard without consulting the plant manager,
to whom the sergeants are directly responsible, and it is their duty
and responsibility to make recommendations affecting the status of
guards. In view of the foregoing, we are of the opinion that ser-
geants are supervisory employees within the Board's customary defi-
nition; we shall exclude them from the unit.
We find that all guards employed at the Company's Syracuse
plants, but excluding sergeants and all other supervisory employees
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 purposes of collec-
tive 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 Rela-
tions 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 Auto-Lite Bat-
tery Corporation, Owen-Dyneto Division, Syracuse, New York, an
2 See Matter of Bethlehem Steel Company, 64 N. L. It. B. 1292, and cases cited therein.
AUTO-LITE BATTERY CORPORATION 161
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 Third
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among employees in the unit found appropri-
ate 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 International Union,
United Automobile, Aircraft and Agricultural Implement Workers
of America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.
MR. GERARD D . REILLY took no part in the consideration of the
above Decision and Direction of Election.
686572--46-12