Murray Ohio Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 14, 1957

118 N.L.R.B. 1027 (N.L.R.B. 1957)

MURRAY OHIO MANUFACTURING CO. 1027
fore find that it will effectuate the policies of the Act to assert
jurisdiction over the Employers.2
2. The labor organizations named above claim to represent certain
employees of the Employers.
- 3. Questions, affecting commerce exist concerning the representa-
tion of certain employees of the Employers, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. Each Petitioner seeks, essentially, a unit of truckdrivers and
warehousemen excluding all other employees and supervisors, at both
Employers. Alternatively the Petitioners seek units of the same
composition but limited to each Employer. The Employers are en-
gaged in the furnishing of warehouse and trucking services. There
is no bargaining history.
A unit limited to the employees of one employer is presumptively
appropriate. The record in these cases does not contain sufficient
evidence of integration between these two Employers to warrant our
granting the Petitioner's. primary request for a two-employer unit.
We therefore find appropriate the following units :
1. All truckdrivers, helpers, checkers, dockmen, loaders, unloaders,
tow motor operators, and all workers performing warehouse work
employed at M & M Terminal Warehouse in Jacksonville, Florida,
but excluding all office and clerical employees, mechanics, professional
employees, guards, and supervisors as defined in the Act.
2. All truckdrivers, helpers, checkers, dockmen, loaders, unloaders,
tow motor operators, and all workers performing warehouse work
employed at Laney & Duke Storage Warehouse Company in Jackson-
ville, Florida, but excluding all office and clerical employees, mechanics,
professional employees, guards, and supervisors as defined in the Act.
[Text of Direction of Elections omitted from publication.]
a United Warehouse and Terminal Corporation , 112 NLRB 959; Plant City Welding and
Tank Company, 118 NLRB 280.
Murray Ohio Manufacturing Co., Lawrenceburg, Tennessee, Di-
vision i and International Union, United Automobile, Aircraft
& Agricultural Implement Workers of America, AFL-CIO.
Petitioner. Case No. 10-RC-3872. August 14,1957
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 H. Stephen Gordon,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
1 The name of the Employer appears as amended at the hearing.
118 NLRB No. 136.
1028 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rodgers, Bean , and Jenkins].
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
employees 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 represent a unit of production and
maintenance employees at the Employer 's Lawrenceburg , Tennessee,
manufacturing plant. The Employer , although taking no position at
the hearing, contended in its brief in favor of the inclusion of the
cafeteria employees , the draftsman trainee, the dispensary clerk, the
first-aid attendant, leadmen, the matron , shipping and receiving
clerks, shipping and receiving checkers , scheduling clerks, and the
shop clerks , and for the exclusion of the timekeepers . The Petitioner
:would exclude from the unit the cafeteria employees , the draftsman
trainee, the dispensary clerk, the first -aid attendant , scheduling clerks
and shop office clerks , and took no unit position as to the unit place-
ment of timekeepers , leadmen, the matron, shipping and receiving
clerks, and shipping and receiving checkers.
Timekeepers: The Employer employs 25 timekeepers who work at
desks located in the various departments in the plant. They record the
time and compute the pay of piece-rate work and the hourly rate of
employees . They are under the supervision of the chief timekeeper
and are hourly paid and receive the same benefits as the plant em-
ployees. In view of the foregoing , we find that the timekeepers are
plant clerical employees whom the Board customarily includes in
production and maintenance units 2 We-shall therefore include them.
Cafeteria: The 12 employees who cook, serve food , and clean up,
work in the cafeteria located in the main plant. The cafeteria is
maintained by the Employer for the convenience of its employees.
Although separately supervised , cafeteria employees are hourly paid
and receive the same benefits as the plant employees . In accordance
with Board policy we shall include the cafeteria employees in the
unit s
Draftsman trainee : This employee works in the engineering office
located in the plant where the draftsmen , engineer, and layout man are
also located. He, like the latter, is supervised by the plant engineer.
As draftsman trainee he does detailed tracing work, minor drafting
2 Foley Manufacturing Company, 115 NLRB 1205, 1200.
3 Minute Afaid Corporation, 117 NLRB OS.
MURRAY OHIO MANUFACTURING CO. 1029
work, assists the plant engineer in work, machine and departmental
layout work, and is required to have a high school education and
prior training in manual engineering drawing; he will be advanced
to the status of draftsman as a result of the training he is receiving;
and works with employees whom the Board normally finds to be
technical employees. We find that the draftsman trainee is a tech-
nical employee. In accord with Board policy, where, as here, one of
the parties objects to the inclusion of such employee in the unit, we
shall exclude him from the unit.
Dispensary clerk and first-aid attendant: The first-aid attendant
works on the second shift and administers first aid in case of
emergency to production and maintenance employees. He is hourly
paid and responsible to the nurse. As he is not engaged in production
work, and in view of the specialized character of his services, we shall
exclude him from the unit.4 The dispensary clerk, on the other hand,
is engaged in essentially clerical duties, types and maintains the
dispensary records, is hourly paid, and receives the same benefits as
the production and maintenance employees. In view of the entire
record, we find that the dispensary clerk's interests are more closely
allied to the production and maintenance employees, and in accord-
ance with Board precedent, shall include him in the unit.'
Leadmen: The Employer employs 3 or 4 highly skilled specialized
mechanics who work with crews of 4 to 6 men repairing plant machin-
ery. The leadmen are under the supervision of the maintenance super-
visor. As highly skilled mechanics, they are expected to see that the
job is properly done. They do not possess authority to hire or dis-
charge employees, and, although they may make recommendations to
their immediate supervisor to transfer or discharge an employee, such
recommendations are independently investigated. We find that the
leadmen cannot effectively recommend changes in personnel status,
and the control they exercise over other employees is more of the type
of direction which more experienced employees exercise over less ex-
perienced employees. We find, therefore, that the leadmen are not
supervisors within the meaning of the Act, and we shall include them
in the unit.e
Matron: The Employer employs a matron who cleans the women's
office and plant restrooms. She is hourly paid and receives the same
benefits as the plant employees. As the work of the matron allies her
with the production and maintenance employees, we shall include her
in the unit.
Shipping and receiving clerks; shipping and receiving checkers;
scheduling clerks; shop office clerks : There are 6 to 8 shipping and
receiving clerks who prepare various shipping and receiving records
4 R. J. Reynolds Tobacco Company, 88 NLRB 600.
G Mergenthaler Linotype Company, 89 NLRB 686.
6 Kolcast Industries , Inc., 117 NLRB 418; Minute Maid Corporation, supra.
1030 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the shipping and receiving department located in the plant area..
There are also 20 to 25 shipping and receiving checkers who oversee
the loading and checking of the finished parts and products in the
various plant departments. They have no supervisory authority.
There are 6 to 10 scheduling clerks who spend 50 percent of their time
on the production floor and 50 percent of their time in the plant's
scheduling office located in the plant. They keep production and
parts records and expedite and coordinate the work among the various
departments. The shop office clerks work in the various production
offices located throughout the plant. They maintain records, files, and
perform general clerical duties for the production department fore-
man and superintendent, who are their direct supervisors. The em-
ployees in all of these categories are hourly paid and receive the same
benefits as the production and maintenance employees. In view of
these facts, we find that these employees are plant clericals and in
accord with established Board policy, shall include them in the unit.
Inspectors: At the hearing the Employer took no position as to the
inspectors whom the Petitioner would include in the unit. In its
brief, the Employer agreed to the inclusion of the inspectors in the
unit. As it appears from the record that these employees have in-
terests closely allied to those of the production and maintenance em-
ployees, we shall, in accordance with the agreement of the parties,
include them in the unit.
Accordingly, we find that the following employees at the Employer's
Lawrenceburg, Tennessee, manufacturing plant, constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All production and maintenance employees, including timekeepers,
cafeteria employees, the dispensary clerk, inspectors, leadmen, the
matron, shipping and receiving clerks, shipping and receiving check-
ers, scheduling clerks, and shop office clerks; but excluding office
clerical employees, the first-aid attendant, the draftsman trainee, pro-
fessional employees, guards, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
Hygienic Sanitation Company , Petitioner and Warehouse Em-
ployees Union Local 169, International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America,
AFL-CIO. Case No..4f-RH-234. August 15,195'7
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Seymour X. Alsher, hearing
118 NLRB No. 134.