Peterzell & Gelles, Inc.

National Labor Relations Board - Board Decisions

May 8, 1951

94 N.L.R.B. 346 (N.L.R.B. 1951)

346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargaining units because one group keeps sales records and another
keeps the records of purchases. As the receiving clerks are only a
segment of the larger group of clerical employees working in the
same offices and having similar duties, the Petitioner's request for
a separate unit or to represent them as part of the production and
maintenance unit is denied.
Accordingly, having found that the unit requested by the Petitioner
is inappropriate, we shall dismiss the petition.
Order
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
PETERZELL & GELLES, INC. and UNITED TEXTILE WORKERS OF AMERICA,
AFL, PETITIONER . Case No. 15-RC487. May 8, 1951
Decision and Direction of Election
Upon a petition duly filed, a hearing was held before Charles A.
Kyle, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error'and are hereby affirmed.'
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Murdock].
Upon the entire record in this case, the Board finds : 2
1. The Employer is-engaged in commerce within the meaning of the
National Labor Relations Act.
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 parties generally agree that a unit of all production and
maintenance employees, excluding supervisors, is appropriate. The
1 We find no merit in the contention of the Employer that this proceeding should be
stayed because of the pendency of unfair labor practice charges filed by the Petitioner
against the Employer and by the Employer against the Petitioner . The Petitioner has
filed a waiver with the Board in Case No . 15-CA-184, and the General Counsel has sus-
tained the Regional Director ' s dismissal of the charges filed by the Employer against
the Petitioner in Case No. 15-CB-41. Kimsey Manufacturing Company, 87 NLRB 651;
Olin Industries, Winchester Repeating Arms Company Division, 85 NLRB 396; South
Georgia Pecan Shelling Company, 85 NLRB 591.
2 The Employer requested the Board to, reject the Petitioner 's brief because it was
filed after the expiration of the time limit given to the parties for the filing of briefs,
and because it contained new factual material without verification. As the Petitioner's
brief was not timely filed, we have not considered it in arriving at our decision.
94 NLRB No. 56.
PETERZELL & GELLES, INC. 347
parties disagree as to the following job classifications: Watchmen,
mechanics (fixers), time-study employees, employees in the production
department, and office and clerical employees. The Employer would
include these disputed classifications, whereas the Petitioner would
exclude them.3
Watchmen: There are three full-time and one part-time watchmen,
who work under the supervision of the maintenance foreman. They
are not armed or deputized. Their primary duty is that of guarding
the Employer's premises against unauthorized entrance and keeping
a watch for fire. Between 6 p. m. and 6 a. in., the watchmen make
rounds every hour and punch watchmen's clocks at various stations
throughout the plant.4 Each round takes from 20 to 25 minutes.
The watchmen also do some janitorial and maintenance work such
as sweeping , painting, moving and setting up presses and sewing
machines, and maintaining the boiler operations .5 The record does
not show how much of their time is thus spent.
If less than 50 percent of the watchmen's working time is spent in
watchmen's duties, they.shall, in accordance with our usual practice,
be regarded as maintenance employees and be included in the unit.'-
Mechanics : 7 There are five mechanics and an apprentice who work
in the knitting department, and two who work in the sewing depart-
ment." They repair and adjust the knitting and sewing machines
used in the Employer's operations. There is a machine shop for each
department where major repairs and those which cannot be done in
the plant are made. The mechanics do not have authority to hire,
discharge, or effectively to recommend a change in status of other
ernployeess As no other union is seeking to represent these employees
in a separate unit, we shall include the mechanics in the production
and maintenance unit .10
Time-study employees: There are two time-study employees whose
function is timing the various elements of production jobs as deter-
8 The Petitioner wishes to exclude these employees because it has not sought to organize
them. Neither the Petitioner ' s Jurisdictional limitations on membership , nor the extent
of its organizational activities , are grounds for excluding employees whose inclusion in
the unit would otherwise be appropriate. Miller and Rhoads, Incorporated, 86 NLRB 625;
Mutual Rough Hat Company, 86 NLRB 440 ; Cannell & Chanln, Inc., 85 NLRB 887.
4 There are no rounds made while the mill is in operation between 7 : 15 a. in. and 6 p. m.
, The Employer does not employ any firemen or boilermen . The second and third
shift watchmen maintain ' the boiler operations entirely , and the first shift watchman
starts and helps maintain the boiler for heating and steam.
"Henry C. Lytton & Company , 88 NLRB 268; Lake Superior District Power Company,
87 NLRB 8; Mixer and Company, 86 NLRB 656.
'' The mechanics are also known as fixers.
8 There are 12 knitters in the knitting department.
6 There is a conflict in the testimony as to the power of the mechanics to lay off
employees . On the basis of the entire record, we are persuaded , as testified by the
Employer , that these employees do not have any supervisory authority.
io Shelburne Shirt Co , Inc., 86 NLRB 1308; Riverside Mills, 85 NLRB 969 ; Inman
Mills, 82 NLRB 735; Boaz Mills, Inc., 78 NLRB 1086; The Pierce -Williams Company,
76 NLRB 1002.
348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mined by the plant engineer , under whose supervision they work.
They report their findings to the engineer, who, after checking and
reviewing these findings, uses this information to determine and fix
piece rates. The time-study employees do not select the elements of
a. job which are to be timed, and have nothing to do with the fixing of
rates.
No special education, training, or experience is necessary for this
work. The period of training required is only long enough to teach
the time-study employees how to read a slide rule and handle a stop
watch. This usually can be learned in a week or less 11
The time-study employees do not have authority to hire or discharge
employees, or effectively to recommend such action. They do not super-
vise or direct other employees in their work. Their pay rates are the
same as those of the production employees.
We find that the time-study employees are not office clericals, as
contended by the Petitioner, and that despite the clerical aspects of
their work, their interests and duties are sufficiently allied to those
of the other employees in the unit to warrant their inclusion in that
unit .12
Production department employees: There are six employees in this
department who, from information secured from customers' orders,
issue work orders or job tickets to the initial processing department 13
After they have broken down orders into convenient manufacturing
units, they make bundle tickets which go to the sewing department,
and accompany the bundles through each of the various operations
until the garments are finished. They keep daily progress reports on
the status of all orders.'' In order to determine the status of par-
ticular orders, they maintain close contact with the manufacturing and
processing operations, checking frequently with the different produc-
tion departments 15
We are of the opinion that the production department employees
have a, community of interest with the production and maintenance
employees. We shall include them in the unit's
Clerical department employees: The Employer's main office where
all purchasing, sales, and accounting work is done, is located in New
York. There are approximately 30 office and clerical employees work-
ing at the mill. Most of the clerical work done by employees in the
office at the mill is that necessary to assist the mill in carrying out its
production activities. All of the clerical employees whose inclusion
11 The time -study employees received their training at the Employer 's mill. One of
them had previously been a typist in the mill office
'Z Aragon-Baldwvin Mills, Inc, Aragon Plant, 80 NLRB 1042.
i' This may be the cutting or the knitting department.
14 These reports are written up at a desk in the plant office.
35 When necessary , they check with the employees actually doing the work.
36 Cf Watson-Flagg Machine Co., 83 NLRB 734.
PETERZELL & GELLES, IIQC. 349
in the unit is contested by the Petitioner are hourly paid, as are some
of the production employees. All of these employees work under the
supervision of the plant comptroller, who also supervises the em-
ployees in the shipping, receiving, and stockroom departments 1'
They work the same hours as do other employees in the mill, and have
the same benefits and working conditions. None does any production
work. The following are the clerical employees whose inclusion in
the unit is in dispute 18
Eva Ruth Wyatt: This employee determines from correspondence
what garment labels and hangers are to be used for a given order. She-
is responsible for seeing that the proper labels and hangers are usedIL
on the garments. She works with the operators in the finishing de-
partment to see that they are supplied with necessary materials. She
sometimes changes the hanger that is being used by an operator for
another, to meet a particular customer's demand. She does not, how-
ever, supervise any of the finishing department employees.
About 50 percent of her time is spent in the mill. The remainder of
her time is spent in the office doing clerical work in connection withler
work in the mill. She is designated on the payroll as being in the order
and registry department.
We believe that Wyatt is essentially a plant clerical employee, such
as we have customarily included in units of production and mainte-
nance employees. We shall include her in the unit.
Laverne Howard: She is in charge of the boxes used to pack the
Employer's products, and is responsible for seeing that there are boxes
at the mill for all orders on hand. She keeps an inventory of the boxes,
and as they are unloaded from the truck checks them in to ascertain
that everything ordered has been received. She orders special boxes
required by customers, and checks to make sure they are in the milt
when needed.
Howard spends more than half of her time working with the order
packers in the boxing department, selecting the proper size boxes to
meet the customer's requirements. If the customer does not express
any preference for the way the garments are to be boxed, she deter-
mines which boxes are to be used.' She also determines the most
economical method of packing, and works with the boxer and folder to
find the best way to fold a particular garment to fit the box. When not,
working in the mill, Howard works at a desk in the office on related
work. She is on the procurement department payroll.
17 There have been some temporary transfers from the clerical staff of the shipping,
receiving, and stockroom departments.
"The record does not clearly show the duties and functions of all the office and clerical.
employees The remaining clerical employees appear to be stenographers and typists-
We shall exclude them from the unit as office clerical employees
19 Howard's decisions are subject to the approval of the plant comptroller.
350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that Howard is a factory clerical employee, and shall include
her in the unit 20
Delores Vaughn: She is a sample expediter who spends about 70 per-
cent of her time in various departments in the mill, seeing that samples
follow the proper schedule and get shipped to the customer. She has
no supervisory authority.21 She sometimes cuts swatches of cloth to
accompany a sample to the customer to show the other colors and
,designs that are available in that particular line. When necessary, she
boxes, wraps, and mails samples. When not in the mill, she works in
the office making up weekly sample reports and handling correspond-
ence to the New York office and to customers with reference to
samples.22
We find that Vaughn's interests are similar to those of the production
employees, and shall include her in the unit.23
Supply clerks: There are two clerks who maintain an inventory of
consumable supplies and findings.- They work with the production
departments in determining what supplies and findings will be used.
When the exact shade of thread is not available, they advise the oper-
ators what substitutions may be made. Roberts watches the operators
to make sure they use the thread and other findings in accordance with
plans made by the Employer. She frequently dyes zippers in order to
use up stock, instead of buying new stock. She spends approximately
40 percent of her time working with the production employees in the
mill. Williams spends about 35 percent of her time in the mill.
Although they handle some purchasing, very little is done from
the mill because raw material purchases are made through the New
York office. Roberts does some procurement work, such as ordering
machine parts and supplies. She writes up requisitions for them, and
follows up the order to make sure the needed parts come in. Williams
also handles some accounts payable bills. She attaches receiving
tickets to invoices which are then sent to the New York office.
We believe that the interests of these employees are closely con-
nected with those of the production and maintenance employees.25
We shall include them in the unit.
Payroll clerks: There are four clerks who record the employees'
time as shown on their time cards and piece-rate production reports.26
They spend some time in the mill checking with the piece-rate workers
20 Cf. TWm. P. McDonald Corporation, 83 NLRB 427.
21 If Vaughn finds that a sample is not ready for shipment on time, she makes a report
on it to the plant comptroller.
22 These letters are sometimes typed by one of the typists in the office.
22 Gluck Bros ., Inc., 83 NLRB 683: General Electric Company, 81 NLRB 654; Orleans
Materials & Equipment Co, Incorporated , 76 NLRB 351.
24 The supply clerks are Lula Roberts and Anita Williams.
25 Cf Southern Athletic Company, Inc ., 86 NLRB 908 ; Goodall Company, 80 NLRB 562.
26 The payroll clerks are Bernice Carter, Emma Rae Cole, Shirley Slater, and Margie
Lopez.
PETERZELL & GELLES, INC. 351
to make sure the information is properly recorded. They fill the
payroll envelopes, and distribute them to the production employees.
One of the clerks, Carter, spends about half of her time operating the
switchboard.
We believe that these payroll clerks have a greater community of
interest with the office clericals than with the production and main-
tenance employees. We shall therefore exclude them from the unit 2r
Lili Palner: This employee is an expediter of chain store orders ; she
goes into the mill to follow up the orders of various large chain stores.
If an order is not moving properly, she checks with the production
employees to see what the bottleneck is. If she cannot correct the
situation herself, she makes a report to the plant comptroller. When
requests are received from customers to accelerate a delivery date, it is
her responsibility to see that the orders are speeded up. She spends
at least 75 percent of her time in the mill. She is listed on the payroll
as being in the order and registry department. We believe that her
interests lie with those of the production employees, and shall include
her in the unit.
Bernice Dickens: She spends approximately 50 percent of her time
in the mill taking orders from employees for garments the Employer
manufactures. The remainder of her time is spent in the office writing
up these orders, and assisting Roberts, one of the supply clerks. We
do not believe that her duties and interests are closely connected with
those of the production and maintenance employees. We shall
exclude her from the unit.
Sales order correspondence clerk (Joyce Green) : She secures in-
formation from department heads and production employees in order
to answer inquiries from customers concerning orders. She then
drafts letters to the customers for the signature of the plant comp-
troller. She also supervises employees in the order and registry de-
partment.23 We shall exclude her from the unit as a supervisor.
Jean Whatley: This employee is a typist and dictaphone operator.
She also models some garments produced by the Employer. We find
that her duties and interests are separate and distinct from those of
the production and maintenance employees, and shall therefore
exclude her from the unit.
We find that all production and maintenance employees at the
Employer's Pascagoula, Mississippi, mill, including the mechanics,
time-study employees, production department employees, Eva Ruth
Wyatt, Laverne Howard, Delores Vaughn, the supply clerks, Lili
Palner, but excluding the payroll clerks, Bernice Dickens, Joyce
T'Cf Buckeye Rural Electric Co-Operative, Inc, 88 NLRB 196; The Electric Auto-Lite
Company, 87 NLRB 129; Boeing Airplane Company, 86 NLRB 368; Western Electric
Company, hte, 85 NLRB 227.
2s Green does not have authority to hire or discharge employees , or effectively to
recommend such action.
352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Green, Jean Whatley, all other office and clerical employees, and
supervisors, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (c) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
LARRANCE TANK CORPORATION and INTERNATIONAL BROTHERHOOD OF
BOILERMAKERS, IRON SHIP BUILDERS AND HELPERS OF AMERICA,
LOCAL 592, AFL. Cases Nos. 16-CA-241 and 16-CA-264. May
9, 1951
Decision and Order
On December 29, 1950, Trial Examiner Albert P. Wheatley issued
his Intermediate Report in the above-entitled proceeding, finding
that the Respondent had engaged in and was engaging in certain
unfair labor practices and recommending that it cease and desist
therefrom and take certain affirmative action, as set forth in the copy
of the Intermediate Report attached hereto. Thereafter the Re-
spondent filed exceptions to the Intermediate Report and a supporting
brief.
The Board 1 has reviewed the rulings of the Trial Examiner and
finds that no prejudicial error was committed. The rulings are hereby
affirmed. The. Board has considered the Intermediate Report, the
Respondent's exceptions and brief, and the entire record in the case
and, finding merit in the Respondent's exceptions, hereby adopts only
such of the Trial Examiner's findings and conclusions as are consistent
with this Decision and Order.
On February 21 and March 29, 1950, respectively, as found by the
Trial Examiner, the Union filed charges and amended charges in Case
No. 16-CA-241 alleging, inter alia, that the Respondent had refused
to bargain in violation of Section 8 (a) (5) and (1) of the Act. On
April 7, 1950, the Respondent and the Union executed a settlement
agreement with respect to the charges in that case. The settlement
agreement required the Respondent to post notices for 60 days stating
that it would not interfere with, restrain, or coerce its employees in
the exercise of their rights under the Act, and that it would bargain
collectively with the Union. The record establishes that the Respond-
ent posted such notices for the required period, and that the Regional
Director was advised that the notices had been posted. The Trial
Examiner in the instant case relies on conduct of the Respondent
' 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].
°4 NLRB No. 71.