Goodman Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 27, 1951

93 N.L.R.B. 1001 (N.L.R.B. 1951)

GOODMAN MANUFACTURING COMPANY 1001
ployees at the Cincinnati, Ohio, coal tipple and on the river boats as a
single unit.
In view of the foregoing history of bargaining for the river boat
employees and the Cincinnati employees as a single unit, we find that
the separate unit of river boat employees sought by the Petitioner is
inappropriate. However, as the Petitioner has, as an alternative posi-
tion, indicated a willingness to represent the river boat and Cincinnati
employees in a single unit, and as such a unit is in our opinion appro-
priate for collective bargaining purposes, we will direct an election
in that unit.
We find that all unlicensed personnel on the Employer's river boats,
and all employees at its Cincinnati, Ohio, coal tipple excluding mas-
ters, mates ,3 engineers, pilots, office and clerical employees, watchmen 4
and supervisors as defined in the Act constitute an appropriate unit
for collective bargaining within the meaning of Section 9 (b) of the
Act.'
[Text of Direction of Election omitted from publication in this
volume.]
3 As the record discloses that the mates exercise supervisory authority, we exclude
them lion the unit
4 As it does not appear from the record that the watchmen spend more then 50 percent
of their time in nonwatclunen duties, we shall exclude them from the unit. Parafine
Companies, Inc , 85 NLRB 325
6 As the Petitioner has ni ,ule an adequate showing of interest among employees in the
broader unit herein found appiopuate, we shall direct an election among these employees.
If, however, the Petitioner does not wish to participate in an election at this time, it
may withdraw its petition filed in this proceeding upon notice to that effect to the Regional
Director within 10 day. from the date of this Direction of Election. El Mundo, 93
NLRB No. 125
GOODMAN MANUFACTURING COMPANY and UNITED ELECTRICAL, RADIO
AND MACHINE WORKERS OF AMERICA, PETITIONER . Case No. 13-RC-
1713. March 27, 1.91
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 Ivan C. McLeod, 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 [Chairman Herzog and Members Reynolds 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.
93 NLRB No. 166.
1002 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
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 Petitioner seeks to include timekeepers or timekeeping clerks
in its already established unit of production and maintenance em-
ployees at the Employer's Chicago, Illinois, plant, or, in the alterna-
tive, should the Board find that these employees cannot properly be
included in the existing unit, the Petitioner seeks a separate unit of
timekeepers. The Employer objects to the Petitioner representing
these employees either in a separate unit or as part of the existing unit.
On December 23, 1944, the Board certified the Petitioner as the ex-
clusive bargaining representative of all production and maintenance
employees including group leaders, coal passers, firemen and main-
tenance men, woodworkers, shellac men, laborers, factory clerical em-
ployees, and order pickers, but excluding patternmakers and appren-
tices, tracers, expediters, time-study men, timekeeping clerks, drafts-
men, and other technical employees, operating engineers, office cleri-
cal employees, watchmen, guards, foremen, and assistant foreman 1
Since 1944, the Employer and the Petitioner have entered into col-
lective bargaining agreements on behalf of these employees.
There are seven timekeepers in the group now sought by the Peti-
tioner. All timekeepers are stationed in the production departments
of the Employer's plant and have no office or payroll duties .2 There
is no evidence in the record that they have supervisory functions with-
in the meaning of the Act.' As the timekeepers are plant clericals
having a community of interest with other production and mainte-
nance employees, we find, in accordance with the Board's general
policy, that they may be represented as part of the existing bargain-
ing unit, if they so desire 4 _
We shall, therefore, direct a self-determinative election among time-
keepers employed at the Employer's Chicago, Illinois, plant, exclud-
1 Goodman Manufacturing Company, 58 NLRB 531.
2 Although timekeepers record the hours worked by employees and their units of
production , they do not make final payroll computations.
2 Of the seven timekeepers, two are classified as all-around timekeepers . These two
employees generally perform the same work as the others, except that when the chief
timekeeper is absent , one of them substitutes for him. In the absence of any showing
that, except in sporadic instances , the all-around timekeepers perform the duties of a
supervisor , we shall include them in the group under discussion . See Block and Kuhl Co.,
90 NLRB No. 258.
Under a previous certification, timekeepers were excluded from the production and
maintenance unit (58 NLRB 531). However, since the time of that certification, the
Board, upon further consideration , changed its policy concerning the inclusion of time-
keepers in production and maintenance units. Northwest Engineering Company, 73
NLRB 40. Accordingly, because no persuasive reason has been advanced for excluding
them from the unit, we shall include them, if they so desire. Westclox, Division of
General Time Instruments Corporation, 82 NLRB 198; Electrical Reactance Corporation,
'92 NLRB 1256; Wilson Athletic Goods Mfg . Co, Inc, 93 NLRB No. 90.
WCAU, INC. 1003
ing supervisors as defined in the Act. If a majority of the employees
voting cast, ballots for the Petitioner, they will be taken to have in-
dicated their desire to-be a part of the production and maintenance
unit, and the Petitioner may bargain for such employees as part of
the existing unit .5
[Text of Direction of Election omitted from publication in this
volume.]
5 Great Lakes Pipe Line Company, 92 NLRB 583.
WCAU, INC. and AMERICAN FEDERATION OF RADIO ARTISTS, AFFILIAT-
ED WITH THE ASSOCIATED ACTORS AND ARTISTS OF AMERICA, AFL,
PETITIONER. Cases Nos.. -RC-828 and 4-RC-889. March 27, 1951
Decision and Direction of Election
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Fred G. Krivonos, 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-mem-
ber panel [Chairman Herzog and Members Reynolds 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.1
2. The labor organization involved claims to represent certain .em-
ployees of the Employer.
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 Petitioner has filed two separate petitions for representation
of the television employees of WCAU, Inc., at Philadelphia, Penn-
sylvania. 2 One petition (4-RC-828) requests a unit of all directors,
assistant directors, and employees in the art, scenic, photographic,
script, film, and production facilities departments of WCAU-TV ;
the second (4-RC-829) requests a -unit of all announcers (including
staff and special program) ; all special artists (including actors,
singers, specialty acts, walk-ons) and all other employees of WCAU-
TV who appear before the television camera or microphone. The
1WBSR, Inc., 91 NLRB 630.
z Not included in these petitions are the television technicians who have been represented
since February 1950 by the International Brotherhood of Electrical Workers, AFL ; see
WCAU, Incorporated, 88 NLRB 68.
93 NLRB No. 162.