The Timken-Detroit Axle Co.

National Labor Relations Board - Board Decisions

Jul 27, 1951

95 N.L.R.B. 736 (N.L.R.B. 1951)

736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Group No. 3-All maintenance welders, including apprentices and
helpers, excluding office clericals , guards, and supervisors as defined in
the Act.
[Text of Direction of Elections omitted from publication in this
volume.]
THE TIMKEN-DETROIT AXLE COMPANY a'nd INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, LOCAL 174, CIO, PETITIONER . Case No.
7-RC-1223. July 27, 1951
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 George A. Sweeney,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
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-mem-
ber panel [Chairman Herzog and Members Murdock and Styles].
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 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 appropriate unit:
The parties agree generally that the appropriate unit should con-
sist of all office and clerical employees employed at the Employer's
Detroit, Michigan, offices." They are in disagreement, however, as
to the inclusion of switchboard operators and certain other specific
categories of employees discussed below. The Employer takes the
position that the switchboard operators should be excluded as con-
fidential employees and that the remaining disputed categories of
employees should be included. The Petitioner contends that the
switchboard operators are properly included in an office and clerical
unit and that the other categories of employees should be excluded
as either professional or technical employees.
The categories of employees whom the parties agreed to include or exclude are listed
below.
95 NLRB No. 81.
THE TIMKEN-DETROIT AXLE COMPANY 737
Switchboard Operators
The Employer has one relief and three regular switchboard opera-
tors who, it contends, should be excluded from the unit because calls
to and from the labor relations department, as well as other incoming
calls, pass through the .switchboard. The record reveals -that the
operators are not required to listen to confidential conversations as a
part of their duties and, in fact, would be subject to discipline if they
were discovered doing so. Inasmuch as these employees clearly do
not assist or act in a confidential capacity to persons exercising mana-
gerial functions in the field,of labor relations, we shall include them
in the unit .2
Engineering Department
Detailers make detailed drawings of individual parts of a com-
posite design as a preliminary step in the manufacture of the required
parts by the production division. Although some, of these employees
are graduate engineers, a college degree is not a requirement. They
are required to have proficiency in mechanical drawing and a nuin-
ber of detailers have taken courses in local trade or technical schools.
The junior engineer analyzes the. work of the•detailers, layout men,
and checkers. No academic training is required for this position.
Layout men review the flow of materials to machines in assembly
lines for the purpose of increasing efficiency, make sketches and pro-
posals for rearranging present stock-handling methods and equip
ment. They suggest the use of new products and break down a pro-
posed product into various parts, setting up the design by which it
may be produced. Normally, the detailers take over and make ad-
ditional drawings after the layout men have completed the general
design.
Checkers examine completed designs and details of the Employer's
products or proposed products and verify every function and opera-
tion. In this manner they check the work of the detailers and layout
men to make sure that the dimensions are accurate and that all opera-
tions appear clearly on the drawings.
Patent Department
The junior engineer analyzes the work of the engineering detailers,
layout men, and checkers. His work consists of drafting or drawing
designs on a drawing board for the purpose of determining whether
a particular design has a patentable feature. He works under the
direct supervision of a patent attorney. Although academic training
2 Minneapoli8-Moline Company, 85 NLRB 597.
738, DECISIONS, OF•NATIONAL LABOR RELATIONS BOARD
is not required for this position, many employees who have performed
such duties have gone-to technical or trade schools. Some have held
degrees in mechanical engineering.
Plant Engineering Department
Plant layout men perform substantially the same duties in this de-
partment as. the layout men perform in the engineering department,
discussed above.
Axle Engineering Department
Layout men, detailers, and checkers perform substantiallythe, same
duties as those performed by the same categories of employees in the
engineering department, discussed above.
The mathematician works in cooperation with. the Employer's chief
engineer and the gear engineer .in the design of new typesof gear.
tooth formations. He also works.in cooperation with the superintend-
ent of the gear manufacturing division concerning methods of ma-
chining the various types of 'new gear and tooth formations designed
by,.the engineering department. He tests experimental gears and
reports the results to the chief engineer.
Product designers are the designers of all new parts used in axles
manufactured by the Employer. % Ideas are relayed to them from the
engineers and they make the designs after giving due consideration
to the necessary strength and size of the proposed parts. Knowledge
of motorized equipment and experience in designing is necessary to
perform work of this nature. They perform their work.under limited
supervision.
Gear Development
The. development engineer performs-the same duties, performed. by
the mathematician in the. axle engineering department, discussed
above.
Laboratory technicians, determine through chemical analysis the
elements of various metals used in the Employer's products, and also
analyze the oils, paints, and greases used in such products. They
also make microscopic examinations and physical tests of such metals
and analyze methods of treating metals. They physically test ex-
perimental products.- No academic training ' is required for this
position.
On the basis of the foregoing we conclude that the work of the above
categories of employees is highly. technical in nature. Under well-
established Board policy, technical employees. may not appropriately
be included in an office and clerical unit where any, panty objects to
THE TIMKEN-DETROIT AXLE COMPANY 739
their inclusion.3 Accordingly, we shall exclude the employees.
discussed above.
Nurses render first aid to employees who become ill or suffer an
accident on the premises. They attend to subsequent dressing of
employees' injuries. They also keep records; of patients treated and
prepare. accident reports for compensation and other purposes. They
also perform other duties such as sterilizing instruments used in the
plant by the physician and. visiting ill employees at home; they co-
operate with department heads in seeking to reduce accidents. If
the physician is not on the premises when an accident occurs, the
nurses determine whether the employee should be sent to. a hospital
or home. Although they are not required to be registered nurses,
it is clear that they perform the normal duties of such nurses. Ac-
cordingly, we find that they are professional employees and as the
Petitioner does not seek to represent these employees separately or as
part of the office and clerical unit, we shall exclude them from the
unit.,
Plant Engineering
The follow-up men expedite the flow of materials and see that work
is done in accordance with a prescribed plan. They keep records of
all material that is on order from outside vendors and of objects
going through the plant. They also estimate the cost involved in the
moving of machines from one part of the factory to another. They
are concerned with the physical structure of the plant, checking on
the proper heating in the premises, facilities for conducting electrical
energy, lighting, ventilation, and fire protection. They plan the
erection of any additions or modifications of existing walls or
partitions.
Sales.
Follow-up men keep a record of the schedules of the various cus-
tomers of Employer. They also keep a record of 'the schedules for
manufacturing for a particular month and a record of shipments.
going through the plant. They- carry- on correspondence with the
customers of the Employer and advise such. customers when deliveries;
are to be. made.
We are of the opinion that -the duties of the follow-up, men in these
two departments are essentially clerical in nature. . Moreover, the
parties have agreed to, include employees in. the purchasing follow-up
department. Accordingly, we shall include the follow-up men in the
plant engineering and sales departments.
The Ohio Steel Foundry Company, 92 NLRB 683.
+ Florence Stove Company, 94, NLRB 1434.
961974-52-vol. 52-48.
740 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD.
Axle Engineering Department
Blueprint machine operators' duties consist of feeding paper into
blueprint machines and cutting and trimming the prints ejected by the
developer. They also mix and check developing fluid and make minor
service adjustments. We find that their duties and interests are sub-
stantially clerical in nature and we-shall therefore include them.5
. We find that all office and clerical employees of the Employer at
its general offices at 100-400 Clark Street and 1040 W. Fourth Street,
Detroit, Michigan, including the employees- both parties have agreed
to include,6 the switchboard operators, the follow-up men in. the
plant engineering and sales departments, the blueprint machine opera-
tors, but excluding the employees the parties have agreed to exclude,7
the detailers, layout men, checkers, junior engineers, the mathemati-
cian, the product designers, the nurses, the laboratory technicians, all
other employees, guards, professional employees, and all supervisors
as defined in the Act, constitute a unit appropriate for the purposes
'of collective bargaining within the meaning of Section 9,(b) of the
Act.
[Text of Direction of Election omitted from publication in this
volume.]
G Southern Alkali Corporation, 84 NLRB 120.
Cost department , mail, file, stationary , telephone , teletype , and receptionist department,
stenographic and executive secretary department , accounts payable department ,,:burner
department , material record department , receiving inspection department , purchasing
follow-tip department , planning department , tool design department , general factory
department , plant layout department , time-study department , time and tabulating depart-
ment, tool stores , inspection quality control department, traffic department , service depart-
ment, and forge office.
7 All officers of the Employer , all division heads, plant manager, superintendents, office
managers and their assistants ; all department heads and assistant department heads ;
all secretaries to officers of the Employer , division heads, superintendents , office managers
and department heads ; executive assistants in the accounting and sales departments ; all
employees of the Company 's personnel and labor relations departments ; all time-study
men ; all tool progress engineers ; all cost research analysts ; all plant -protection employees ;
all sales accountant executives ; all sales engineers; all outside sales and service repre-
sentatives ; all cashiers ; all employees included in another bargaining unit for which
another labor organization has been certified.
PETERS SAUSAGE COMPANY and INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL No. 547, A. F. OF Lyl PETITIONER . Case No.
7-1?C-1009. July 30,1951
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 Herman Corenman, hear-
1 The name of the Petitioner appears as used at-the hearing.
95 NLRB No. 89.