Rockford Screw Products Co.

National Labor Relations Board - Board Decisions

Jul 24, 1945

62 N.L.R.B. 1430 (N.L.R.B. 1945)

In the Matter of ROCKFORD SCREW PRODUCTS Co. and UNITED AUTOMO-
BILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA
(UAW-CIO)
Case No. 13-R-3013.-Decided July 24, 1945
Mr John H. Thomson, of Chicago, Ill ., for the Company.
Mr Harry Lehnert, of Rockford , Ill., for the Union.
Miss Ruth E. Bliefield, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a second amended petition duly filed by United Automobile, Air-
craft & Agricultural Implement Workers of America (UAW-CIO),
herein called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Rockford Screw
Products Co., Rockford , Illinois, herein called the Company , the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Gustav B. Erickson, Trial Examiner . Said hearing was held
at Rockford , Illinois, on May 10, 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 evi-
dence bearing on the issues . The Trial Examiner '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
I. THE BUSINESS OF THE COMPANY
Rockford Screw Products Co., an Illinois corporation, is engaged in the
manufacture of screws, bolts, and threaded products. We are concerned
62 N. L R B., No. 196
1430
ROCKFORD SCREW PRODUCTS CO. 1431
with the Company's three plants at Rockford, Illinois, viz, a main plant,
located on 9th Street, and two smaller plants located on Harrison Street
and 18th Street, respectively. The chief raw material used by the Company
is steel, During 1944 the Company's purchases amounted to over $1,000,-
000, more than 20 percent of which came from points outside the State of
Illinois, During the same period its sales amounted to over $1,000,000, and
more than 50 percent of the goods sold was shipped to points outside the
State.
We find that the Company is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Automobile, Aircraft & Agricultural Implement Workers of
America, affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 2, 1945, the Union, by letter, informed the Company of its
claim to represent a majority of the production and maintenance employees
and requested recognition as exclusive bargaining representative of these
employees. The Company, by letter dated April 11, 1945, notified the
Union that it would not grant such recognition 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 (t) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit consisting of all production and maintenance
employees at the 9th Street and Harrison Street plants of the Company,
including watchmen and laboratory testers, but excluding office and clerical
employees, and all supervisory employees. The Company is in substantial
agreement as to the composition of the unit except that it would also include
the employees at the 18th Street plant, the factory clerks, the production
clerks, and the draftsmen and junior draftsmen in the engineering depart-
ment, all of whom the Union would exclude.
Employees in the 18 Street plant: As stated above, the Company operates
three plants at Rockford, Illinois The Union would include the employees
'The Field Examiner reported that the Union submitted 295 authorization cards; that, of these
cards, 60 were dated August through December 1944, 29 were dated January through April 1945,
and 206 were undated; and that there are between 750 and 850 employees in the appropriate unit
1432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at the 9th Street and Harrison Street plants, but would exclude the em-
ployees at the 18th Street plant. The 3 plants are operated as one unit by
the Company, and all 3 plants are subject to the same supervision and have
the same personnel department. The 18th Street plant was established
(luring the summer of 1944, because there was insufficient space in the main
plant to accommodate the necessary personnel and equipment. There are
4 employees presently employd in the 18th Street plant, all of whom oper-
ate lathing and milling machines and are classified as machinists by the
Company. These employees repair and rebuild machinery, and build and
assemble new machinery. Three of these employees were transferred from
the main plant to the 18th Street plant, and all 4 employees perform similar
operations to those carried on at the other 2 plants, and work under the
same conditions. Under the circumstances, and in view of the close inte-
gration of the 3 plants, we are of the opinion that a unit consisting of all
3 plants of the Company at Rockford, Illinois is appropriate? Accordingly,
we shall include the employees in the 18th Street plant in the unit.
Working supervisors: The Company employs five working supervisors
in the inspection and drilling departments, whose duties are to instruct
new employees, and assign NN ork to, and set up machines for, employees
in the department. Working supervisors do not perform any production
work, being chiefly engaged in "set-up" work.' They have no authority to
hire, discharge, or discipline employees, or effectively recommend such
action. The working supervisors are in turn supervised by the subforeman
who is in charge of the work of all employees in the department. The Union
would exclude the working supervisors from the unit, while the Company
desires their inclusion. On the basis of the foregoing facts it appears that
these employees function essentially as instructors and leadmen and do not
possess sufficient indicia of supervisory authority to warrant their exclusion
from the unit. We shall include the working supervisors in the appropri-
ate unit.
Factory clerks: The Company employs 12 clerks in the shipping depart-
ment, 1 in the engineering department, and 1 in the laboratory. All of these
employees are hourly paid, are on the factory pay roll, receive the same
vacations, and the same rules apply to them as to the production and main-
tenance employees. They do no manual or physical work as do the produc-
tion and maintenance employees, but perform only clerical work. The sub-
foreman who is in charge of the department in which they are located
supervises their work as well as the work of the other employees in the
department. The Company urges that the factory clericals be included in
the production and maintenance unit, while the Union desires their exclu-
sion on the ground that it has not attempted to organize these employees
See Matter of The Rauland Corpo+ahmy 62 N L R B 248
3 Most of the set-up work is done for the female employees in the dcpaitment.
ROCKFORD SCREW PRODUCTS CO. 1433
inasmuch as they are under the jurisdiction of an "affiliated white collar
union." From the foregoing facts it clearly appears that the interests of the
factory clericals are closely aligned to those of the production and main-
tenance employees. We perceive no reason for departing from our policy,
in such circumstances, of including factory clericals in a production and
maintenance unit unless the parties agree to their exclusion. We shall
therefore include the factory clericals in the appropriate unit.'
Production clerks: The Company employs 10 persons listed as produc-
tion clerks. These employees work in the office, are on the office pay roll,
and use the same cloakroom and facilities as do the office employees. They
are supervised by the Production Manager, who is responsible to the Plant
Superintendent. The production clerks have the same vacation schedule,
and are subject to the same rules and regulations as the production and
maintenance employees. They are responsible for entering orders, and for
checking and routing them through the factory to the Shipping Depart-
ment. Although they come in contact with production and maintenance
employees in the course of their work, they spend approximately 70 percent
of their working time in the office. The Company desires the inclusion of
these employees, while the Union contends they should be excluded. The
Union has not extended its organization to these employees. Since the
production clerks do only clerical-work, and spend most of their time in
the office apart from the production and maintenance employees, we find
them to be office clerical employees. We shall, in accordance with our usual
policy of excluding office clericals from a production and maintenance unit,
exclude the production clerks from the unit.
Draftsmen and junior draftsmen: The Company would include, and the
Union exclude, the draftsmen and junior draftsmen. The Company employs
two junior draftsmen and two draftsmen. These employees are listed on
the factory pay roll, but are classified as part of the Engineering Depart-
ment. Their work, which consists of tracing and sketching, is supervised
by the head draftsman. Although they spend approximately 40 percent of
their time in the factory, the major portion of their work is done in a room
apart from the production and maintenance employees. The record shows
that two of the draftsmen were promoted to these positions from production
and maintenance classifications. It is clear, however, that knowledge of
mechanical drawing is a prerequisite for the position. Inasmuch as it
appears that the work of these employees is of a technical nature, and in
view of our policy of excluding technical employees from a production and
maintenance unit, we shall exclude the draftsmen and junior draftsmen
from the unit.
We find that all production and maintenance employees of the Company
4 See Matter of Socony,Vacuum Oil Company, 60 N L R B 559; Matte, of Proctor & Gamble
Manufactuiiny Company, 62 N. L R. B 1262
1434 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at its 9th Street, Harrison Street, and 18th Street plants, including watch-
men,' truck drivers, factory clericals, and laboratory testers, but excluding
production clerks, and draftsmen and junior draftsmen, office clericals, and
all supervisory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate for the purposes of
collective 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 the employees in
the appropriate unit who were employed during the pay-roll period imme-
diately 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
kelations Board by Section 9 (c) of the National Labor Relations 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 representatives
for the purposes of collective bargaining with Rockford Screw Products
Company, Rockford, Illinois, an 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 Thirteenth Region, acting in this matter as agent for the National
Labor Relations Board, and' subject to Article III, Sections 10 and 11, of
said Rules and Regulations, among the employees in the unit found appro-
priate 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 the 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 elec-
tion, to determine whether or not they desire to be represented by United
Automobile, Aircraft & Agricultural Implement Workers of America
(UAW-CIO), for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Election.
s The watchmen are not armed nor deputized
e The Union 's request to appear on the ballot as United Auto Workers UAW -CIO is hereby
referred to the Regional Director for determination