Servel, Inc.

National Labor Relations Board - Board Decisions

Sep 1, 1944

58 N.L.R.B. 5 (N.L.R.B. 1944)

In the Matter of SERVEL, INC. and UNITED ELECTRICAL, RADIO AND
MACHINE WORKERS OF AMERICA, CIO
Case No.14-R-984 .Decided September 1, 191.4
Mr. Isador Kahn, of Evansville, Ind., for the Company.
Mr. William Senter, of St. Louis, Mo., for the Union.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION -OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Electrical, Radio
and Machine Workers of America, CIO, herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Servel, Inc., Evansville, Indiana,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice, before Helen F.
Humphrey, Trial Examiner. Said hearing was, held at Evansville,
Indiana, on August 7, 1944. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to introduce evidence 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 an 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
Servel, "Inc., is a Delaware corporation with its principal place of
business at Evansville, Indiana, where it is engaged in the sale, manu-
facture, and distribution of military supplies, including airplane
wings, airplane engine cylinder heads, cartridge cases, electric ref rig-
eration machines and air conditioning equipment. For use at its
Evansville plants, the Company annually purchases raw materials
58N L.R.B., No. 2.
5
6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
valued in excess of $1,000,000, from points outside the State of Indiana.
The Company annually ships finished products of a value in excess
of $1,000,000 from its Evansville plant to points outside the State, of
Indiana.
We find that the operations of the Company affect commerce within
the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Electrical, Radio and Machine Workers of America, affili-
ated with the Congress of Industrial Organizations, is a labor organ-
ization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of its production and main-
tenance employees until the Union has been certified by the Board
in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, 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 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties are in agreement that all production and maintenance
employees in the Company's 'Evansville plants, including tool-crib
attendants, but excluding all administrative employees, office clerical
employees, employees in the foundry division other than in the pattern
shop,2 electrical maintenance employees,3 powerhouse employees,4
' The Field Examiner reported that the Union submitted 2,761 authorization cards dated :
1 in 1939, 13 in 1941, 589 in 1942, 826 in 1943, 997 in 1944, 1 incorrectly dated, 250
incompletely dated, 84 undated ; that there are 5,628 employees in the alleged appropriate
unit. The Company contends that, inasmuch as only a part of the cards are current, and
since the report shows no comparison with the Company' s pay roll, the showing made
by the Union is insufficient to warrant a present investigation and determination of repre-
sentatives We find no merit in this contention . The submission of cards by a petitioning
union is an administrative expedient by which the Board determines whether or not a
petition warrants further investigation . No unalterable rules govern the sufficiency of
the showing thus made We are of the opinion that , in the instant case , the Union has
satisfied our requirement Cf. Matter of Buffalo Arms, Corp , 3-R-813, 57 N L. R B. 1560.
2 The employees of the foundry division other than those in the pattern shop were found
by the Board to be a separate unit in Matter of Servel, Inc., 48 N. L. R. B. 712.
8 These employees also constitute a separate unit. See Matter of Servel, Inc., 51
N. L R. B. 224
-4 These ' employees also comprise a separate unit . See Matter of Servel, Inc., 51
N. L. R. B. 224.
SERVEL, INC. 7
plant-protection employees, training school instructors and trainees,
material control clerks in the Production Division, group leaders, and
other supervisory employees, constitute a unit appropriate for bar-
gaining. The parties are in dispute concerning the inclusion in the
unit of the following categories of employees, all of whom, with excep-
tion of salaried shop clerical employees, the Company would include
and the Union would exclude:'
Factory clericals: The Company's operations are carried on by Divi-
sions, each of which is divided into Departments. Each production
and maintenance department is composed of manual workers and the
necessary clerical employees and supervisors to carry on the work
of the department. There are 125 to 150 shop clerks who are employed
throughout the plant in the departments, from 1 to 3 to a department.
They work under the supervision of the heads of the various depart-
ments to which they are assigned. They perform the functions of
office boys, run errands for the foremen, carry blueprints, check time
cards and absentees and do whatever other work is assigned them as
aides of the supervisory staff of the department. Some of these clerks
are hourly paid; others are salaried employees. The Company would
include hourly paid shop clerks in the unit, but would exclude salaried
• ones.5 Since the only difference between salaried and hourly paid
shop clerks, according to the record, is the fact that the former work
in the larger departments for supervisors who bear greater responsi-
bility, we perceive no basis ,for separating hourly paid from salaried
shop clerks for purposes of collective bargaining. In our opinion, the
interests of all shop clerks, who are stationed in the plant offices, who
work under the same supervision as production and maintenance em-
ployees, and who are in daily contact with those employees, are suffi-
ciently similar to those of the production and maintenance employees
to warrant bargaining for both groups, of employees in a, single'unit:
We shall, therefore, include salaried and hourly paid shop clerks in
the appropriate unit.
- Other categories of clerical employees working within the plant
include dispatchers, dispatcher clerks, stock chasers, material control
clerks, receiving clerks, inventory clerks, stock handlers, craters, box-
ers, order fillers, and store attendants. The material control clerks
in the Machining Division order and schedule stock, figure material
requirements, instruct the Purchasing Department what materials are
required, and follow up the orders. They work in-an office in the
factory and their work and working conditions are similar to those
of material control clerks in the Production Department who, the
parties agree, are office clerical employees. .We shall exclude from
the-unit material control`clerks'wherever-stationed: aDispatchers, dis- _-
6 The Union would exclude the salaried as well as the non-salaried shop clerks.
8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
patcher clerks, stock chasers, receiving clerks, inventory clerks, stock
handlers, craters, boxers, order fillers and store attendants perforln
work which requires daily contact with employees on the production
floor. They are therefore, vitally affected by working conditions in
the plant and we shall include them in the unit.'
Process control employees: These employees prepare plant lay-out
plans for the shop engineers and determine the placement and moving
of equipment. They are technicians whose duty it is to determine how
production should proceed efficiently and develop new ways to attain
this goal. Some of these employees are graduate engineers; others
have had considerable training or experience in this type of work.
Since, in our opinion, the interests of technical employees vary from
those of production and maintenance employees, we shall exclude
process control employees from the unit.?
Tool designers: Tool designers are highly skilled workmen, requir-
ing from 5 to 10 years training in the making of tools and dies, and
the ability to draft. Their work bears the same relationship to that
of tool makers as the work of engineers bears to that of production.
and maintenance employees. In view of the technical nature of their
work, we shall exclude tool designers from the unit."
Engineering Division: The engineering division is divided into
several departments, some of which employ production and mainte-
nance employees. The operations of these departments are experi-
mental and the work of the production and maintenance employees
therein is in direct aid of highly trained technicians who conduct
the experiments. The nature of the work being performed and the
relationship between technicians and manual workers performing
it indicate-that they do not share the interests of employees of the
balance of the plant. We shall, therefore, exclude all employees of
the engineering division from the unit."
Department 99, General: This department includes administra-
tive and clerical employees who work in the Company's offices, whom
the parties agree to exclude from the unit. It includes also a group
of miscellaneous employees such as chauffeurs, car washers and car
repairers who drive and service cars owned by the Company and its
employees. Although these employees do not take part in the pro-
duction process of the Company, their work, and, therefore, their in-
8 See Matter of Proximity Manufacturing Company, 56 N. L. R. B. 264.
It is apparent from the classifications given these employees that some perform manual
work. The work of store attendants is very similar to that of tool crib attendants whom
both parties agree to include . The Union also would include all stock handlers except
those in the service stores . We perceive no ground for differentiation.
7 See Matter of Indianapolis Power i Light Company, 51 N. L. It. B. 670.
8 See Matter of Bendix Aviation Corp., 56 N. L. It. B. 1805.
0 See Matter of U. S. Rubber Company, 56 N. L R B. 1328.
SERVEL, INC. .9
terests; are similar to those of production and maintenance employees.
We shall, therefore, include them in the unit.
Employee services: The Company maintains a separate depart-
ment for employee services. This department, under separate super-
vision, includes 51 employees consisting of recreation employees, em-
ployees who constitute the various -rationing boards, and employees
who operate the various enterprises of Servel Employees' Association
which include soft drink stands and cigarette machines. In our
opinion, the interests of the employees of the department are not akin
to those of production and maintenance employees. Accordingly,
we shall exclude them from the unit.
Receiving inspection employees: The Union would include in-
spectors of materials produced by the plant, but would exclude in-
spectors of materials received by the plant. Since we perceive no
valid ground of differentiation, and since inspectors are closely allied
with production and maintenance employees, we shall include-a11 in-
spectors in the appropriate unit.
Cafeteria employees: These employees perform the usual func-
tions of cafeteria employees. They work in the main cafeteria, which
is centrally located, and at feeding stations located throughout the
plant. Since the sole labor organization involved does not seek to
represent them, and their duties and interests are not similar to those
of production and maintenance employees, we shall exclude them
from the unit.
We find that all production and maintenance employees of the Com-
pany at its Evansville, Indiana, plants, including hourly paid and
salaried shop clerks, dispatchers, dispatcher clerks, stock chasers, re-
ceiving clerks, inventory clerks, stock handlers, craters, boxers, tool
crib and store attendants, chauffeurs, car washers, car repairers and
inspectors, but excluding all administrative, office clerical, and techni-
cal employees, process control employees, material control clerks
wherever stationed, employees of the Employee Services Department,
and of the Engineering Division, cafeteria employees, tool designers,
foundry division employees other than those in the pattern shop,
electrical maintenance, powerhouse, and plant-protection employees,
training school instructors and trainees, group leaders and all other
supervisory employees with authority to hire, promote, discharge,
discipline, 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.
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
The employees of the Company who are laid off, or are transferred
from one department to another, retain seniority for 6 months in the
department in which they were working prior to the lay-off or transfer.
Many employees have recently been transferred from the foundry into
departments within the appropriate unit, and employees who were em-
ployed in departments- within the appropriate unit have been laid off.
The Company contemplates expansion of its foundry in the near future
and states that all employees with foundry seniority presently work-
ing in departments within the appropriate unit may return to- the
foundry if they desire. It contends that transferees with foundry
seniority are part of the foundry unit and should not be eligible to vote
in the election. The Union contends that these employees, as well as all
laid-off employees who retain seniority in departments within the unit,
should be allowed to participate in the election. The length of time
which the transferees from the foundry will remain in the departments
within the unit is indefinite. Their return to the foundry is contingent
not only upon the expansion of the foundry but also upon their de-
sires. Consequently, we are of the opinion that-they have a, sufficient
interest to warrant their participation in the election hereinafter
directed. Employees who have been laid off, but who retain seniority
in departments within the appropriate unit, are likewise eligible to vote
in the election hereinafter directed because, by reason of the fluctuating
needs of the Company for employees, they have a reasonable expecta-
tion of being reemployed, and are, in our view, employees of the Com-
pany, temporarily laid off10
The Company insists that its employees now in the armed services
be allowed to vote by mail. However, for reasons stated in the Mine
Safety Appliance case," we shall provide that only persons in the
armed forces who present themselves at the polls may vote in the elec-
tion.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction 12
10 However , any persons on the seniority list who have refused offers of reemployment
have thereby terminated their employee status. Such persons shall not be eligible to vote.
See Matter of Schafter Brothers Logging Company, 23 N. L R B. 1104 ; and Matter of
.Servel, Inc , 35 N. L R. B 733
11 See Matter of Mine Safety Appliance Company, Gallery Plant , 55 N L R B. 1190.
iz The Union requests that its name appear on the ballot as "UE - CIO." The request is
hereby granted.
SERVEL,. INC.
DIRECTION OF ELECTION
11
By virtue of and pursuant to the power vested in the National Labor
Relations 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 representa-
tives for the purposes of collective bargaining with Servel , Inc., Evans-
ville, Indiana, 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 Fourteenth Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Sections 10
and 11 , of said Rules and Regulations , and the determinations made in
Section V, above, among the employees in the unit found appropriate
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 any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
UE-CIO for the purpose of collective bargaining.
CHAIRMAN M TLIs took no part in the consideration of the above
Decision and Direction of.Election.