Daystrom, Inc.

National Labor Relations Board - Board Decisions

Nov 18, 1952

101 N.L.R.B. 343 (N.L.R.B. 1952)

DAYSTROM FURNITURE DIVISION 343
All our employees are free to become or remain , or refrain from becoming
or remaining, members of the above-named union or any other labor organization,
except to the extent that this right may be affected by an agreement in conformity
with Section 8 (a) (3) of the Act.
COTTMAN BUILDERS SUPPLY CO., INC.,
Employer.
Dated -------------------- By -----------------------------------------
.(Representative ) .(Title)-
This notice must remain posted for 60 days from the date hereof, and must
not be altered, defaced, or covered by any other material.
Appendix B
NOTICE TO ALL MEMBERS OF GENERAL TEAMSTERS , CHAUFFEURS , HELPERS AND
YARDMEN LOCAL UNION No . 470, AFFILIATED WITH INTERNATIONAL BuoTHERHooD
or TEAMSTERS, CHAUFFEURS , WAREHOUSEMEN AND HELPERS OF AMERICA, AFL
Pursuant to the recommendations of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor Re-
lations Act, as amended , we here notify you that :
WE WILL NOT restrain or corece employees of COTTMAN BUILDERS SUPPLY
Co., INC., their successors or assigns , in the exercise of their right to engage in
or to refrain from any or all of the concerted activities guaranteed to them by
Section 7 of the Act, except to the extent that such right may be affected by an
agreement requiring membership in a labor organization as a condition of em-
ployment , as authorized by Section 8 (3) of the Act.
WE WILL NOT in any manner cause or attempt to cause the above-named
employers, their officers, agents, successors , or assigns , to discriminate
against their employees in violation of Section 8 (a) (3) of the Act.
WE WILL make Joseph Keresty , Jr., whole for any loss of pay suffered
because of the discrimination against him.
GENERAL TEAMSTERS , CHAUFFEURS, HELPERS AND YARDMEN LOCAL
UNION No. 470, AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF
TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN , AND HELPERS 08'
AMERICA, AFL, LABOR ORGANIZATION.
Da.ted-------------------- By -------------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof, and must
not be altered, defaced, or covered by any other material.
DAYSTROM_ FURNITURE DIVISION, DAYSTROM, INC . and DAYSTROM IN-
DUSTRIAL INDEPENDENT UNION, INC., PETITIONER . Case No. 8-RC-
1062. November 18,1962
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 Thomas H. Ramsey, hearing
101 • NLRB No. 92.
344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Styles and Peterson].
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 Petitioner seeks to add eight timekeepers to its existing
unit of production employees at the Employer's Olean, New York,
furniture manufacturing plant.' In the alternative, the Petitioner
seeks a separate unit of these timekeepers. The Employer contends
that the proposed unit is too small and should include other office
salaried clerical employees and the timekeeper at the Employer's
Friendship, New York, plant.
The Olean timekeepers work under the immediate supervision of
the plant accountant, who is located in the main office of the Olean
plant, and perform the usual duties of employees in this classification.
They are responsible for keeping records of the daily hours of em-
ployees, as taken from their time cards, and for keeping production
time and down-time of the workers in specified departments, so that
the accounting office can properly compute employees' pay and produc-
tion costs. Although the timekeepers are salary paid and on the
office payroll and enjoy common sick leave and' vacation benefits
with the office employees, they perform their duties in the production
areas of the plant, work the same schedule as the production em-
ployees, and are in constant contact with the hourly paid production
employees and their foreman. Although the timekeepers are paid
on a salary rather than an hourly basis, and their line of supervisory
authority runs to a different hierarchy from that which supervises
the production employees, these factors do not necessarily ;differentiate
them from the production employees with whom they work and have
other common interests.3
1 The Employer 's and Petitioner 's names appear in the caption as amended at the hearing.
Since about 1940 the Petitioner has been the exclusive bargaining representative of
the production employees at the Olean plant. The Employer and Petitioner executed a
collective-bargaining agreement on February 29, 1952, covering all the Employer 's hourly
paid production employees at the Olean plant, excluding the timekeepers , office employees,
foremen , guards, supervisors , and salaried employees . This contract is effective to Feb-
ruary 28, 1954 , and automatically renewable yearly thereafter.
3 H & B American Machine Co ., 97 NLRB 9 , and cases cited therein.
DAYSTROM FURNITURE DIVISION 345
From the foregoing facts, it is clear that the timekeepers are plant
clericals whose interests are closely allied with those of production
employees and who may properly be included in the same unit. We
shall, therefore, hold an election among the timekeepers. If a majority
of them vote for the Petitioner, they will be taken to have indicated
their desire to be included in the production unit currently represented
by the Petitioner, and the Petitioner may bargain for such employees
as part of the existing Unit .4 Otherwise, we shall dismiss the petition.
The parties agree that Catherine Gilray, who spends approximately
half her time as a timekeeper and the remainder as an office clerk
to the plant superintendent, is a timekeeper, and is to be included in
the voting group. The parties disagree with respect to the inclusion
of the roving timekeeper at the Olean plant and the timekeeper at
the Friendship plant in the voting group. The Employer would
include and the Petitioner would exclude them.
The roving timekeeper is paid at a slightly higher salary rate than
other timekeepers. His principal duties are to substitute for and
assist regular timekeepers when they are absent from work or are
especially busy. He conveys instructions from the plant accountant
to the timekeepers. He has no authority to hire or discharge a time-
keeper or any other employee. Any recommendations he may make
in regard to hire, discharge, or discipline are subject to independent
investigation and final action by the plant accountant. Under all
these circumstances, we conclude, contrary to the Petitioner's conten-
tion, that the roving timekeeper at the Olean plant is not a supervisor
as defined in the Act,5 and we shall include him in the voting group.
The Employer's Friendship, New York, plant is located 20 miles
from the Olean plant and employs one timekeeper. Although this
timekeeper performs the same type of duties and enjoys the same
leave benefits as the Olean timekeepers, he is paid at a lower salary
rate than they; he does not interchange with them; and he is under
separate supervision. The Petitioner has never bargained and does
not bargain at present for any employees at the Friendship plant.
In view of the separate location of the Friendship plant, lack of
employe interchange on the part of the timekeepers, sep-
arate supervision, and the absence of any history of bargaining on
a two-plant basis, we restrict the voting group of timekeepers to those
at the Olean plant .6
The following employees constitute the voting group : All time-
keepers at the Employer's Olean, New York, plant, including Gilray
4 H & B American Machine Co., supra.
5 Wm. Cameron & Co., Inc., 98 NLRB 969.
E See George Aftergood & Son d/b/a Calivogue Sportswear, 96 NLRB 228; The McKay
Machine Company, 93 NLRB 822.
346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and the roving timekeeper, but excluding all other employees and
supervisors as defined in the Act.
[Text of Direction of Election omitted from publication in this
volume.]
DISTRICT No. 9, INTERNATIONAL ASSOCIATION OF MACHINISTS, A. F. L.
and ANHEUSER-BUSH, INC. Case No. 14-OD-27. November 18,
1952
Decision and Order
STATEMENT OF THE CASE
This proceeding arises under Section 10 (k) of the Act, which pro-
vides that "whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of paragraph (4) (D) of
section 8 (b), the Board is empowered and directed to hear and deter-
mine the dispute out of which such unfair labor practice shall have
arisen ...."
On April 8,1952, Anheuser-Busch, Inc., herein called the Employer,
filed with the Regional Director for the Fourteenth Region a charge
alleging that District No. 9, International Association of Machinists,
A. F. L., herein called the IAM, has engaged in and is engaging in
certain activities proscribed by Section 8 (b) (4) (D) of the Act by
"... inducing and encouraging the employees of Anheuser-Busch,
Inc., ... to engage in a strike . . . with the object and purpose of
forcing and requiring Anheuser-Busch, Inc., and those contracting
with it for the purpose of performing construction work, to assign,
and to cause to be assigned, particular work to employees who are
members of and represented by said District No. 9, International Asso-
ciation of Machinists, rather than to employees, members of and
represented by other labor organizations...."
Thereafter, pursuant to Section 10 (k) of the Act and applicable
sections of the Board's Rules and Regulations, the Regional Director
investigated the charge and provided for a hearing upon due notice
to all the parties. The hearing was held on July 9 and 10, 1952, before
Harry G. Carlson, hearing officer of the Board. All parties appeared
1 The relevant portions of Section 8 of the Act are as follows :
(b) It shall be an unfair labor practice for a labor organization or agents-
( 4)
.. .
to engage in, or to induce or encourage the employees of any employer to engage
in, a strike . . . where an object thereof is:.. .
(D) forcing or requiring any employer to assign particular work to employees in
a particular labor organization or in a particular trade, craft , or class rather than to
employees in another labor organization or in another trade, craft , or class, unless such
employer is failing to conform to an order or certification of the Board determining the
bargaining representative for employees performing such work. . . .
101 NLRB No. 87.