The Imperial Electric Co.

National Labor Relations Board - Board Decisions

Nov 8, 1944

59 N.L.R.B. 150 (N.L.R.B. 1944)

In the Matter of THE IMPERIAL ELECTRIC COMPANY and UNITED ELEC-
TRICAL , RADIO AND MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 8-B-1633.-Decided November 8, 194.4
Buckingham, Doolittle and Thomas, by Messrs. Lisle M. Bucking-
ham and Dwight A. Blackmore, of Akron, Ohio, for the Company.
Mr. Fred Haug, of Cleveland, Ohio, for the Union.
Mr. Julius Kirle, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio and Machine
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
lof employees of The Imperial Electric Company, Akron, Ohio, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before William O. Mur-
dock, ,Trial Examiner. Said hearing was held at Akron, Ohio, on
October 3, 1944. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 entie record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Imperial Electric Company,,an Ohio corporation having its
principal office and place of business at Akron, Ohio, is chiefly en-
gaged in the manufacture of electric motors, generators, and parts for
same. During the year 1943, the Company purchased raw materials
valued in excess of $500,000, at least 65 percent of which came from
59 N. L. R. B., No. 33.
150
THE IMPERIAL ELECTRIC COMPANY 151
points outside the State of Ohio. During the same period, the Com-
pany's sales were in excess of $500,000, at least 60 percent of which
was shipped to points outside that State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED'
United Electrical, Radio and Machine Workers of America, affil-
iated with the Congress of Industrial Organizations, is- a labor
organization 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 certain of the Company's
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 Union seeks a unit of all office employees of the Company,
excluding supervisory. employees. The Company contends (1) that
the unit is generally inappropriate because all of the employees sought
to be included by the Union are confidential employees who receive
information affecting the Company's labor relations, and (2) that the
Union is precluded from representing the office employees for the
purposes of collective bargaining inasmuch as it presently represents
the Company's production and maintenance employees.
The contention of the Company that the unit is inappropriate
because the employees sought to be included are all confidential em-
ployees who receive information affecting the Company's labor rela-
tions is clearly without Inerit. The record does not disclose that these
employees, with the exceptions hereinafter discussed, are confidential
employees. While they may possess important information, this
information in no way relates directly to the problem of labor" rela-
tions,, The possession of important information is of itself insufficient
The Field Examiner reported that the Union submitted 32 cards , 12 of which were
dated August 10 to August 16, 1944, and 20 were undated , and that there are 44 employees
in the claimed appropriate unit.
152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to justify exclusion from the right to collective bargaining.2 Nor do
we find merit in the Company's second contention. The Union is not,
precluded from representing the office employees for the purposes of
collective bargaining merely because it presently represents the Com-
pany's production and maintenance employees.s
The Union would include the supervisor of time and personnel, and
his assistant. The former hires the production workers, acts as the
Company's representative in preparing longhand lists for all factory
grievance committees, and prepares reports dealing with confidential,
instructions pertaining to employee's rates. His assistant,- who sits
opposite him at the same desk, prepares and distributes pay-roll checks,
has access to all personnel files and generally assists the supervisor
in the performance of his duties. We, are of the opinion that the
supervisor of time' and personnel, and his assistant are confidential
employees possessing information relating directly to the problem of
labor relations; we shall therefore exclude them.'
There remains in dispute the status of the chief draftsman and the
supervisor of the planning department, whom the Union' would in-
clude. The record indicates that the chief draftsman and the super-
visor of the planning department are departmental heads occupying
a supervisory status within the Board's customary definition thereof.
We shall exclude the chief draftsman and supervisor of the planning
department.
.
We find that all office employees of the Company, excluding the
supervisor and assistant supervisor of time and personnel, the super-
visor of planning, chief draftsman, and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action ,4 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 em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
2 See Matter of U. S Automatic Corporation , 58 N L R. B. 662
8 See Matter of Intcrcontinent Aircraft Corporation , 50 N L R B 99.
4 The parties agreed, and we find, that the secretary to the president , treasurer , general
manager, chief engineer , supervisor of industrial relations , supervisor of commercial sales,
supervisor of elevator sales, supervisor of accounting , purchasing agent, general superin-
tendent,, the assistant secretary of the Company , and the liaison officer are excluded either
as executives of the Company , confidential employees, or as falling within the Board's
definition as set forth above. _
THE IMPERIAL ELECTRIC COMPANY
DIRECTION OF ELECTION
153
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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 represent-
atives for the purposes of collective bargaining with The Imperial
Electric Company, Akron, Ohio,.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 Eighth,Region, acting in this mat-
ter 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 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 those employees 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 repre-
sented by United Electrical, Radio and Machine Workers of Amer-
ica, C. I. 0., for the purposes of collective bargaining.