Auburn Spark Plug Co., Inc.

National Labor Relations Board - Board Decisions

Jun 15, 1943

50 N.L.R.B. 511 (N.L.R.B. 1943)

In the ,Matter of AUBURN SPARK PLUG CO., INC., and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS Or AMERICA, (A. F. OF L.)
Case No. R-5384.Decided June 15,1943
Fraser Brothers, by Mr. Henry S. Fraser, of Syracuse, N. Y.,
for the Company.
Mr. Joseph Green, of Auburn, N. Y., and' 111r. Henry J. Burke,
of Meriden, Conn., for the Union.
Mr. Arthur Leff, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Automo-
bile Workers of America, A. F. of L., herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of the Auburn Spark Plug Co., Inc.,
Auburn, New York, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due
notice before Francis V. Cole, Trial Examiner., Said hearing was
held at Auburn, New York, on May 13, 1943. The Company and the
Union appeared, participated, and were' afforded full opportunity "to
be heard, to examine and cross-examine witnesses, and to iilroduce
evidence.^on, the',issues. At- the hearings, counsel for the Company
moved to dismiss the petition on various grounds. For the reasons
hereinafter, stated the said motions of the Company are hereby denied.
The Trial Examiner 's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. Following the hearing,
the Company filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Auburn Spark Plug Co., Inc., is, a New York corporation and is
engaged at Auburn, New York, in the manufacture of spark plugs,
Following the hearing , the parties filed a stipulation making certain corrections in the
record. Said corrections are hereby approved and ordered incorporated In 'the record.
50 N.` L. R. B., No. 79.
511
512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
screw machine products , and aeronautical parts. During the period
from January 1 , 1942, . to December 31, 1942, the Company used at
its Auburn , New York, plant raw materials valued in excess of
$250,000, 50 percent of which represented shipments made to such
plant from points outside the State of New York ., During the same
period, the Company manufactured at its Auburn , New York, plant
finished products valued in excess of $250,000, of which at least 15
percent was shipped to points outside the State 'of New York.
The, Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
0
H. THE ORGANIZATION INVOLVED
International Union, United Automobile Workers of America is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company prior to the hearing refused to grant recognition to
the Union as the exclusive bargaining representative of the Company's
employees, upon the ground that it doubted the Union's claim to ma-
jority representation in an appropriate unit.2
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 stipulated, subject to the reservations noted below, that
the appropriate unit should consist of all production and maintenance
employees exclusive of supervisors, foremen, assistant foremen, sal-
aried employees, watchmen, guards, nurses, assistants to the personnel
manager, and the experimental engineer. The parties were in dis-
agreement, however, with respect to the specific employee categories
2 The Union presented for the Trial Examiner's inspection 180 cards bearing apparently
genuine original signatures , 158 of which were dated between February and April 1943, and
the balance of which were undated These cards were checked by the Trial Examiner
against the Company's pay rolls, which the Company submitted in evidence , covering the
weeks ending April 4 , 1943, to May 9, 1943 , inclusive . The Trial Examiner reported that
141 names on the Union 's cards appeared on the pay roll of April 4, 1943 , which contained
297 names ; that there were 141 of said names on the pay roll of April 11, 1943, which con-
tained 293 names ; that there were 137 of said names on the pay roll of April 25, 1943,
which contained 283 names ; that there were 138 of said names on the pay roll of May 2,
1943, which contained 282 names ; and that there were 138 of said names on-the pay roll
of May 9, 1943 , which contained 279 names.
The Company moved to dismiss the petition because of the refusal of the Trial,Examinei
to permit an inspection of the authorization cards, and, also, because the card check failed
to show a majority. The said motions are hereby denied See Matter of A. M. Siskin and
,Garrison Siskan, doing business as If. H. Sislc4n cE Sons and Steel 11 7 orkers Organizing
Committee ( CIO), 41 N L. R B. 187, footnote 3.
I'
AUBURN SPARK PLUG Co., INC. 513
discussed below whom the Union would include and the Company
would exclude.
Inspectors: The Company's inspector group is headed by a chief
inspector who is directly responsible to the general manager of the
Company and who exercises general supervision over all inspectors,
except mechanical inspectors. The Company operates three shifts,.,
and the work of the inspectors, other than mechanical inspectors, on
each shift is supervised by a head inspector, the chief inspector acting
as head inspector on one of the shifts. Under the head inspector are
floor inspectors, also known as spot inspectors, who examine the per-
formance of machines on the floor and make spot or sample checks of
the products produced by such machines. The floor inspectors are not
charged with any supervisory authority over machine operators, and
have no authority to complain directly to machine operators. with re-
spect to faults found in the performance of their work. The Company
also employs a number of bench inspectors who work under the direc-
tion of the head inspector. These inspectors work at a table or bench,
checking, measuring, and inspecting, with the use of a gauge, individual
parts. The primary purpose of the bench inspection is to discover and
reject defective parts. The Company also employs a number of so-
called "Navy" inspectors who double check certain parts manufactured
for use by the United States Navy in order to insure adherence to Navy
standards. In addition, the Company employs about four mechanical
inspectors of ceramics who, operating a testing machine for that pur-
pose, inspect spark plug connections for defects. Unlike the other in-
spectors, the mechanical inspectors work under the supervision of, a
production foreman. It does not appear that any of the inspectors
are highly trained technical employees whose interests may be consid-
ered removed from the interests of production employees. Only the
chief inspector and the head inspectors appear to exercise supervisory
functions. Under the circumstances, we are of the opinion, and find,
that the chief inspector and the head inspectors should be excluded
from the appropriate unit and that all other inspectors, should be
included.
Factory or "shop" clerks. The employees in this category' are
employed in the factory or shop of the Company.' They prepare
stock, production, and tool records. They also assemble data relat-
ing to the production volume of employees from which employee
bonuses under an incentive wage plan are subsequently computed.
Their work in that connection does not appear to involve the exer-
cise of any judgment or discretion, and they do not handle any
confidential information. In view of, the fact that the work of the
factory clerks is closely aligned to that of the production employees
I
,514 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and is an 'integral part of the production process, we shall include
them in the unit.
Weigh clerks,: These clerks weigh and make a record of the quan-
tity of work produced by individual production employees,, but do
not pass on the quality of the goods. They ,are under the super-
vision of foremen in the production department. We cannot agree
,with the contention of the Cou-Ipany that weigh clerks are identified
with management, simply because individual production records are
computed in the Company office anid employee bonuses are determined
on the basis of their original records. We are of the opinion that
their work and interests are closely identified with that of produc-
tionemployees and shall, therefore, include them in the unit.
,,Receiving and shipping clerics: These employees are under the
supervision of the superintendent of the Company's spark plug
.division. - Their work, as their classification implies, is concerned
with the receipt and shipment of goods and materials. Although
their work is principally clerical, we are of the opinion, for the rea-
sons stated with respect to factory clerks, that they should be in-
cluded in the unit. `
",Rock clerks: Employees in this category, who are also known as
"truckers," weigh incoming stock and arrange for the issuance of
such stock to the machine operators. Others arrange for the stor-
age and issuance of tools. In view of the fact that their functions,
and interests are closely related to that of -production' employees,
we shall include them in the unit.
We find that all production and maintenance employees, including
all inspectors (other than the chief inspector and the head inspec-
tors ), factory or "shop" clerks, weigh clerks, receiving and shipping
clerks, but excluding all supervisors, foremen, assistant 'foremen, sal-
aried employees, watchmen, guards, nurses , assistants to the person-
nel' manager, the experimental engineer, the chief inspector, and all
head -inspectors, 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
I
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.3 ,
V At the hearing , the Union requested that its name appear on the ballot as International
Union, United Automobile Workers of America, A. F of, L., Local 808. The said request is
hereby granted. '
AUBURN SPARK PLUG Co., INC. 515
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National La-
bor 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 2, as amended, it ,is
hereby -
DixECTro•that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Auburn Spark
Plug Co., Inc.,Auburn, New York, 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 Third Region, acting in- this matter
as agent for the National Labor Relations Board, and subject to
Article III,-Section 10, of said Rules and Regulations, among the em-
ployees in the unitfound 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
said pay-roll period because they were ill or on 'vacation or tempo-
rarily 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, to. determine whether or not they desire to be represented
by International Union, United Automobile Workers of America,
A. F. of L., Local 808, for the purposes of collective bargaining.
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