Mack Motor Truck Corp.

National Labor Relations Board - Board Decisions

Jun 18, 1951

94 N.L.R.B. 1284 (N.L.R.B. 1951)

1284 DECISIONS OF-NATIONAL LABOR RELATIONS BOARD
Accordingly , we shall direct an election in the following voting
group : 411 powerhouse employees at the Employers ' breweries in Mil-
waukee, Wisconsin , including operating and watch engineers ; firemen,
powerhouse oilers'25 powerhouse mechanics , powerhouse refrigeration
personnel ,211 coal passers and fuel handlers'27 janitors , including day
labor gang and house janitors at Schlitz, and powerhouse helpers,28
but excluding machinists and their helpers, steam fitters and their
helpers, electricians , plant oilers , relief firemen at Gettelman , relief
engineer at Independent Milwaukee, kiln firemen and grain dryer
operators , filter man at Schlitz , "temperature" men at Pabst, carbon
dioxide injection men, all other employees , and supervisors as defined.
in the Act. -
However, we shall make no final unit determination at this time, but
shall first ascertain the desires of these employees as expressed in
the election hereinafter directed . If a majority vote for the Peti-
tioner, they will be taken to have indicated that they desire to con--
stitute a separate appropriate unit.
[Text of Direction of Election omitted from publication in this,
volume.]
u Includes turbine oilers at Schlitz.
26 Includes " temperature" men at Schlitz and the utility man at Pabst , who perform
regular refrigeration control duties under powerhouse supervision and about whom there-
is no substantial dispute.
27 The Employers' contention that certain laborers who, during emergencies in the
winter months , assist in the unloading of coal should also be included as fuel handlers is
clearly without merit. These employees are assigned to a different department , and have-
different supervisors . They are excluded from the voting group.
26 Includes the feed water control men at Pabst.
MACK MOTOR TRUCK CORPORATION and INTERNATIONAL UNION, UNITED-
AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF'
AMERICA, CIO, PETITIONER. Case No. 7-RC-1,290. June 18, 1951
Decision and Direction of Elections
Upon ,% petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before George A. Sweeney,'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 Houston and Reynolds].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
94 NLRB No. 184.
r_.'_t11 MACK-,,MOTOR TRUCK CORPORATION 1285
--,,,2. The labor organization involved claims -to represent .certain em-
ployees of the Employer.
f - S. 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 units :
The Petitioner seeks to represent a. single unit of _all office, clerical,
and stockroom and/or parts employees at the Dearborn, Michigan,
Branch, with certain agreed exclusions.' The Employer contends that
there should be two separate units, one of office and clerical employees
and the other of stockroom and/or parts employees.
The Employer is engaged in the sale and servicing of trucks, busses,
and fire apparatus. at Dearborn, Michigan. Its plant is located in a
single building, containing a sales and showroom, offices, service de-
partment, and parts department, each physically separated from the
others by walls and partitions, and each separately supervised. The
Employer also separates these divisions for administrative and ac-
counting purposes.
The office and clerical employees maintain records, particularly with
respect to the sales of trucks, busses, and fire apparatus, compute pay-
rolls, correspond with customers, and keep all ledgers. On the other
hand, the stockroom and/or parts department employees are prima-
rily manual 'workers engaged in selling and distributing parts to the
Employer's service department and to the general public. Like
factory or shop clericals, they also have some clerical duties, but these
duties pertain to the sale and distribution of parts. There is no inter-
change between office and parts department personnel. On the basis
of these facts, we are satisfied and find that a separate unit of office
and clerical employees is appropriate.' Normally, stockroom and/or
parts department employees would be included in a single service de-
partment unit.' However, as neither the union presently representing
service department employees 4 nor any other labor organization seeks
to represent such a unit, we find, under the circumstances of this case,
that a separate unit of stockroom and/or parts department employees
is appropriate 5
1 The parties agreed to exclude all lead men, machinists, journeyman mechanics,
specialists or second class mechanics , helpers, garage attendants , porters, building
maintenance employees , firemen, watchmen and drivers.
3 See Minneapolis-Moline Company , 85 NLRB 597.
3 Edwards Motor Company, Inc ., 94 NLRB 372;* Harry Brown Motor Company,
86 NLRB 652.
' International Association of Machinsts, AFL, which represents service department
employees, other than stockroom and/or parts department employees , was formally served
with a notice of hearing but disclaimed any interest in this proceeding and failed to make
an appearance..
4 See Minneapolis -Moline Company , supra.
1286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Accordingly, we find that the following employees of the Employer
at its Dearborn, Michigan, plant constitute appropriate units for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act :
(1) All office and clerical employees, including the payroll clerk,'
but excluding the secretary to the district manager,' and supervisors
as defined in the Act.
(2) All stockroom and/or parts employees, excluding supervisors as
defined in the Act.
[Text of Direction of Elections omitted from publication in this
volume.]
As the payroll clerk does not have access to matters pertaining to the Employer's
general labor policy, we find, contrary to the Employer's contention, that the payroll clerk
is not a confidential employee. We include her in the unit. Chicago Railway Equipment
Company, 85 NLRB 586.
7 As the secretary to the district manager is a confidential employee who handles
correspondence pertaining to the Employer's general labor policy, we exclude her from
the unit. Minneapolis-Moline Company, supra; Intermountain Telephone Company, 79
NLRB 715.
JOHN DEERE PLOW WORKS OF DEERE & COMPANY and DISTRICT No. 102,
INTERNATIONAL ASSOCIATION OF MACHINISTS , PETITIONE R. Case No.
13-RC-1697. June 18, 1951
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 Edward T. Maslanka, 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, Reynolds, 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 organizations involved claim to represent employees
of the Employer.
3. On July 26, 1949, the Employer and Local No. 150, United Farm
Equipment and Metal Workers Council of United Electrical, Radio
&, Machine Workers of America, herein called the FE, entered into
a 2-year contract bearing the terminal date of July 26, 1951, and con-
taining a reopening clause for wage negotiations upon proper notice.
'At the hearing the formal papers were amended to reflect the correct name of the
Employer.
94 NLRB No. 166.