F. C. Huyck & Sons

National Labor Relations Board - Board Decisions

Dec 31, 1958

122 N.L.R.B. 803 (N.L.R.B. 1958)

WALDORF INSTRUMENT COMPANY 803
We shall therefore direct an election among the employees in the
unit hereinafter found appropriate.
4. The parties agree that a unit of production and maintenance
employees is appropriate but disagree as to the unit placement of
the shipping clerk, the porter, and a knitter mechanic, whom the
Union would include.
The shipping clerk receives and ships merchandise and supplies,
maintains records related thereto, and spends about 10 percent of
his time driving a truck. The porter cleans up the plant and also
assists in the shipping department. We find that these employees
have interests in common with the employees in the unit, and in
accordance with Board policy, we shall include them in the unit.?
The Union would exclude the knitter mechanic solely because, un-
like other employees in the unit, he is paid on a salary basis. This
employee performs the same work as other employees in the unit
and receives the same benefits and treatment. As difference in the
manner of payment alone is no reason for exclusion" and as the
knitter mechanic has interests in common with other employees in
the unit, we shall include him.
Accordingly, we find that the following employees at the Employ-
er's Union City, New Jersey, sweater manufacturing plant, consti-
tute an appropriate unit for the purpose of collective bargaining
within the meaning of Section 9(b) of the Act: All production
and maintenance employees including the shipping clerk, porter, and
knitter mechanic but excluding office clerical employees, salesmen,
professional employees, guards, and supervisors as defined in the
Act.
[Text of Direction of Election omitted from publication.]
7 Jefferson Mills, Division of Kahn and Feldman, Inc., 120 NLRB 385 (shipping clerk)
and Gluck Bros., Inc., 119 NLRB 1848 (porter).
8 White Provision Company, 116 NLRB 1552, 1555.
Waldorf Instrument Company, Division of F. C. Huyck & Sons
and International Union of Electrical Radio and Machine
Workers, AFL-CIO, Petitioner. Case No. 2-RC-9356. Decem-
ber 31, 1958
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 Milton A. Shaham,
hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
122 NLRB No. 96.
804 DECISIONS. OF NATIONAL LABOR RELATIONS BOARD
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-
member panel [Members Rodgers, Jenkins, and Fanning].
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 herein claims to represent cer-
tain employees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of certain 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 represent a unit of all production and
maintenance employees at the Employer's Huntington, New York,
plant, excluding office clerical employees, technical employees, guards,
professional employees, and supervisors as defined in the Act.
The Employer agrees that the unit sought is appropriate, except
that the Employer would include in the unit certain employees who
the Petitioner contends should be excluded on the grounds that they
are supervisors, confidential employees, or technical employees. The
Employer advances a general contention that certain, but not all,
of the alleged technical employees should be included in the unit
because they work closely with the production employees and be-
cause of the integrated nature of this Company's manufacturing-
engineering processes. We can accord no merit to this contention
in view of the record, and shall consider the issues as to such em-
ployees in the light of the particular technical qualifications of their
job, and generally consistent with the same criteria used in previ-
ously decided cases, many of which involved operations. similar to
those of the Employer.' Under established Board policy, technical
employees are excluded from a production and maintenance unit
where any party objects to their inclusion 2
The Employer is engaged in the manufacture of electronic and
fluid system aircraft components. The company is divided into two
divisions. The electronics division engineers and produces electri-
cal, electronic, and electromechanical equipment. The fluid systems.
division engineers and produces hydraulic and pneumatic equipment.
The issues will be discussed on a basis of each division.
Electronics Division
The material coordinators schedule work, release purchase requi-
sitions, and generally operate to expedite the. engineering phase of
the work in production. They maintain a record system of mate-
rials which enables them to determine the precise location in the
1 E.g., Copeland Refrigeration Corporation, 118 NLRB 1364 ; Cubic Corporation, 116-
NLRB 449.
2 Hancock . Electronics Corp., 116 NLRB 442.
WALDORF INSTRUMENT COMPANY 805
plant and the extent of completeness of parts at all times. A sub-
stantial portion of their time is spent in liaison work within the
plant to provide and insure delivery of parts and materials to par-
ticular sections and departments. They report to the administra-
tive engineer, who in turn is supervised by the director of engineer-
ing. Although they spend almost 50 percent of their time in record
work and punch a time clock, they are weekly paid and treated dif-
ferently from hourly paid workers with regard to rules on tardi-
ness and sick leave. It also appears from the record that the mate-
rial coordinators receive a substantially higher rate of pay than the
production and maintenance workers. In view of these facts and
the entire record, we find the material coordinators to be technical
employees and accordingly shall exclude them from the unit .3
One production coordinator, Donald Whiteway, has the primary
function of scheduling the work on major assemblies. He also has
a liaison function between the production groups and the engineer-
ing groups. He prepares parts lists and assures the flow of such
parts; expedites delivery of items from outside vendors; and reports
to the production manager or the project engineer as to the status
of certain assemblies. The record reveals that there is little differ-
ence between the production coordinator and the material coordi-
nator, except that the material coordinator usually works on a
number of different projects, whereas the production coordinator is
assigned to one major project. Accordingly, we find the production
'coordinator to be a technical employee and exclude him 4
The junior designer is engaged in designing subassemblies and
components, preparing layouts, and checking detailed drawings of
dimensions in drafting procedures. In addition to a high school
education, a junior designer is required to have either 1,000 hours
of drafting school or 4 years of experience. We find the junior
designer is a technical employee and exclude him .5
The senior draftsmen must have the ability to complete assembly
and subassembly drawings of a complex nature, installation draw-
ings schematic, wiring diagrams, and block diagrams. They must
also have a knowledge of trigonometry for checking gear centers
and geometry for plotting cams. The draftsmen, from a basic de-
sign layout provided by a junior or senior designer, must be able
to prepare drawings of assembly, subassembly, installation, sche-
matic, and wiring diagrams. They must also be able to check gear
centers. The draftsmen and senior draftsmen are required to be
high school graduates and have 1,000 hours from an accredited draft-
ing school or 2 years' experience. The junior draftsmen are required
to be high school graduates or possess a certificate from a drafting
8 Copeland Refrigeration Corporation , supra.
' Ibid.
z Beloit Eastern Corporation, 119 NLRB 1407 ; Hancock Electronics Corp., supra.
806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
school, indicating at least 500 hours of an approved drafting course-
Experience may be substituted for the latter. They work closely
with the draftsmen and eventually progress into their positions..
On these facts, we find the senior draftsmen, draftsmen, and junior
draftsmen to be technical employees and exclude them from the unit."-
We shall similarly exclude the technical illustrator, whose duties.
are substantially the same as those of the senior draftsmen.
The duties of the senior electronic technician, electronic techni
cian, and junior electronic technician are about the same, differing
only in degree of skill. They are supervised by the project engi-
neers when working on a project and at other times by the labora-
tory supervisor. They work out of the electronics laboratory and
at times in the production and engineering areas. They use elec--
tronic test equipment to check assemblies. Both the senior electronic
technician and the electronic technician work with junior designers:
and draftsmen to insure conformity of design and in effecting
changes ,developed during production. The electronic technician and
the jtAor electronic technician make research models of electronic
instruments. All technicians must have a good level of intelligence,,
ability to learn, and background experience in circuitry wiring and
electronics, even though no particular educational background is:
required. In view of the foregoing, we find that the electronic tech-
nicians in the three classifications are technical employees and shall
exclude them from the unit?
The duties of mechanical technicians are similar to those of the
electronic technicians. The mechanical technicians are located in
the model shop, which is away from the production area, and are
supervised by the project engineer while on a project and directed
by the working supervisor when not on a project. Their hourly
wage rate is higher than that of the production and maintenance
employees. We find that the mechanical technicians are technical
employees and shall exclude them.8
The test technicians, grades I and II, utilize complex testing de-
vices to insure that finished products are operational and all quality
standards are met. Test technician grade II is required to be a
technical school graduate and have 1 year of experience. Test tech-
nician grade I must have 3 to 5 years of experience. They receive
a higher hourly rate of pay than do the production and mainte-
nance employees. We find they are technical employees and accord-
ingly exclude them from the unit.9
6 Westinghouse Air Brake Company, etc ., 119 NLRB 1391 ; Beloit Eastern Corporation,
supra ; Hancock Electronics Corp., supra.
7 Cubic Corporation, supra.'
8 Ibid.
9 Humble Oil & Refining Company, 115 NLRB 1485..
WALDORF INSTRUMENT COMPANY 807
The engineering clerk makes out reports each month for the ad-
ministrative engineer pertaining to the status of each project or-
subdivision task. From these reports predictions are made as to,
when the job in question will be completed. As the engineering-
clerk spends the greater part of his time summarizing production.
data, essentially a routine clerical function, we find he is a plant
clerical employee and accordingly include him in the unit.10
The clerk in the engineering department, Ann Zino, operates an!
Ozalid machine used for reproduction of forms. She is located ini
the production room, apart from the office clericals. As the work.
of this clerk relates directly to production functions, we find her to-
be a plant clerical and include her.11
The clerk typists, one each in the engineering and production,
departments, perform typing on production reports, production,
schedules, and status reports of various jobs. Their clerical func-
tions, which include filing, are essentially the same. Neither one.
takes dictation. The Petitioner contends that the clerk typist in^
engineering is a guard and should be excluded for that reason..
While she is engaged in her typing duties, she has the concurrent
task of checking and barring the entrance into her area of any
unauthorized person. The employees who have a right to be in^
the area wear a badge signifying that right. This clerk is not al
lowed to leave her work station without having obtained someone.
to relieve her. The Board has held, for example, that the authority
to issue passes and badges only to authorized personnel does not
constitute an employee a guard.12 As we find this clerk typist does.
not enforce rules for the protection of the Employer's property, or-
the safety of persons on the premises, we conclude that she is not a.
guard within the meaning of the Act. As the work of the clerk
typists relates directly to the functions of production, we find they
are plant clericals and include them in the unit.13
The working foreman, who is hourly paid, and supervised by the
production manager, spends from 70 to 80 percent of his time physi-
cally working as an assembler of electro-mechanical units. The re-
mainder of his time he spends directing the work of assemblers who,
have completed their work on assigned projects and are awaiting a,
new assignment. When the assemblers as well as the working fore-
man are working on a project, they are under the supervision of the.
project engineer. During the interim periods between project as--
signments, they work on "standard items," and the working foremam
does essentially the same work as do the assemblers, except that he.
10 The Woodstock Manufacturing Co., Inc., 116 NLRB 389.
11 Welea Jet Services , Inc., 119 NLRB 489.
12 Caterpillar Tractor Company , 109 NLRB 871; Livonia Plant of Automatic Trans--
mission Division, Ford Motor Company, 116 NLRB 1995.
13 Weleco Jet Services, Inc., supra.
808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
exercises a higher degree of skill. On these "standard items," he
may instruct the assemblers in the methods to be used and sees to
it that the work is carried out successfully. If he has no work for
the assemblers, he reports this fact to the production manager. This
working foreman has no power to hire or discharge employees, nor
effectively recommend such action. However, he does make recom-
mendations to the production manager, evaluating the quality of
work done by the assemblers and makes recommendations as to
their proper classification based on degree of skill. Normally, there
are not more than one or two assemblers under the direction of the
working foreman at any particular time. The working foreman
wears a gold badge with the word "supervisor" printed across it
and also has a timecard in a separate rack reserved for supervisors.
In view of the foregoing, we find that the working foreman re-
sponsibly directs employees and therefore is a supervisor within
the meaning of the Act.14 Accordingly, we exclude him from the
unit.
We shall similarly exclude the working supervisor, as the parties
stipulate and the record shows that he has the same duties and
powers as the working foreman in respect to his direction of seven
technicians.
We shall not make any unit determination with respect to the
wireman prototype, as the Employer does not have any employees
in this classification at the present time and the record does not
indicate that it contemplates hiring such employees in the immedi-
ate future.15
Fluid Systems Division
The shop controllers, who work in a separately managed material
control section, regulate the flow of material into production to meet
the requirements of production schedules. They collect and break
down manufacturing, production, and procurement data to aid in
establishing schedules of production to assure that production dead-
lines are met. They can effectively recommend the transfer of jobs
from one production department to another, and otherwise exercise
independent judgment in expediting production. We find they are
technical employees and shall therefore exclude them from the unit.16
The designer, Robert Smith, has a separate work station in the
engineering department and is supervised by the direction of engi-
neering. He designs prototypes to put into production in small
quantities and follows his work into the production area to see that
his design is carried out properly. We find, in view of the technical
14 Harvill Corporation, 116 NLRB 1549.
15 Hamilton Watch Company, 118 NLRB 591.
16 Copeland Refrigeration Corporation, Supra.
WALDORF INSTRUMENT COMPANY 809
nature of this designer's work, that he is a technical employee and
accordingly exclude him from the unit.17
Alan Morton, a production inspector, is in the metallurgical
section of the inspection department. He is required to certify that
ordered material conforms with the metallurgical requirements
established by the customer on its blueprint, and sees that the papers
are notarized confirming that specifications have been met. He
must also see to it that the proper type and amount of plating have
been applied to a job or job unit by outside plating services. He
uses various electrical and electronic testing devices for checking
fractures or flaws in the metal he inspects. He must be able to
read X-ray pictures, but is supplied with standards as to what is
acceptable. He has a separate work station, but is in the produc-
tion area about 20 percent of his time. He is hourly paid. While
he is familiar with certain chemical symbols, he is not required to
have any particular academic training in chemistry. There was
uncontradicted testimony to the effect that less judgment is allowed
this particular production inspector in the metallurgical section
than is allowed the average production inspector. We find that
Alan Morton's functions have no higher technical character than
that of the other production inspectors, who are admittedly pro-
duction employees. We shall therefore include him in the unit.18
The clerk scheduling works in the material controls section of the
manufacturing department and is supervised by the material con-
trols superintendent. She puts scheduling dates, which she derives
from a formula, onto shop work orders. Her work is accomplished
in a routine manner and requires the use of simple mathematics
only. The data she computes is used in factory operations. She
is physically located in a corridor housing the material control
section, which is adjacent to the manufacturing setup. As this
clerk is located apart from the office clericals, and her work relates
directly to production functions, we find she is a plant clerical and
accordingly shall include her in the unit.19
The employee classified as expediter functions to transport mate-
rial within the plant from one section or department to another.
In effect, he is an inside trucker. He is supervised by the material
control superintendent but is subject to the authority of various
foremen in the plant who may order him to transport material.
We find he is a production employee and properly included in
the unit.
The shop release clerk maintains a card system for purposes of
inventory control. She also writes up release cards to the stock
clerk, who issues the material to the manufacturing department.
17 Wm. R. Whittaker Co., Ltd., 117 NLRB 339 at 344 ; Cubic Corporation, supra.
is Metal Products Corporation , 107 NLRB 94.
10 Welem Jet Services, Inc., supra.
810 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All her duties are clerical in nature. This clerk is located in the
material control section and is supervised by the material control
superintendent. We find, contrary to the Petitioner, she is a plant
clerical, and shall include her in the unit.
The duties of the clerk typist in the manufacturing-engineering
section are to type up operation sheets and written tool requests
and deliver them to specified departments and sections. As this
clerk typist is located apart from the office clericals and her work
relates directly to production functions, we find that she is a plant
clerical and shall include her in the unit.
The secretary in engineering is the only clerical employee in the
engineering department and is supervised by the director of engi-
neering. She types up bills of material that are routed through
the factory, specifying the components required in the production
of a particular product. As her work is primarily of a clerical
nature, intimately related to the production process, we find her
to be a plant clerical and therefore include her in the unit.
The blueprint control clerk maintains a file of blueprints and
releases them to authorized persons. Her functions are clerical
and since they are intimately related to the production process, we
find her to be a plant clerical.20 As the record fails to show that
the blueprint control clerk assists or acts in a confidential capacity
to officials who formulate, determine, and effectuate management
policies in the field of labor relations, we find she is not a confiden-
tial employee,21 as further alleged by the Petitioner, and shall
include her in the unit.
The secretary in the inspection department types inspection re-
ports and assists in the preparation of shipping papers. She also
types and files letters for the chief inspector. She is the only
clerical in the inspection section and is supervised by the chief
-inspector. The record does not show that this employee assists and
acts in a confidential capacity to officials who formulate, determine,
and effectuate management policies in the field of labor relations.
Accordingly, we find she is not a confidential employee,22 as alleged
'by the Petitioner, but is rather a plant clerical. We shall therefore
include her in the unit.
The chief shipping clerk, alleged by Petitioner to be a super-
visor, has no authority to hire or fire or effectively recommend such
-action. He is hourly paid and his duties are substantially the
same as those of the shipping clerk, except that the former will
'handle heavier materials and contacts outside truckers. The ship-
ping clerk may at times seek the advice of the chief shipping clerk.
'The material control superintendent is located some 75 or 100 feet
20 Solar Aircraft Company, 116 NLRB 200.
21 Westinghouse Air Brake Company, etc., supra.
22 Ibid.
WALDORF INSTRUMENT COMPANY 811
from the shipping and receiving section and the record indicates
that he supervises the shipping and receiving section. In view of
the foregoing, we conclude that the chief shipping clerk does not
possess any of the indicia of supervisory authority. Accordingly,
we shall include him in the unit 23
Alfred Lasda, who has the title of leadman, functions essentially
as 'a machine tool operator. He does not have authority to effec-
tively recommend hiring, firing, or promotion of other employees.
Although when working as a leadman on the second shift, he is
expected to assist, instruct and give technical guidance to less
experienced operators, this is insufficient, we find, to constitute
responsible direction within the Act's supervisory definition. How-
ever, at the time of the hearing, Lasda was working on the day
shift as machine operator. Prior to January 6, 1958, Lasda was
admittedly a supervisor, but the record shows that such authority
has since been removed. However, he continues to receive his old
supervisory hourly rate of pay, which is higher than the normal
hourly rate given to leadmen. We find he does not meet the
statutory test of supervisor and, accordingly, include him in the
unit 24
The leadman in the maintenance section, Olof Ericsson, is a
senior mechanical maintenance man. The maintenance section has
five persons working therein, plus the leadman; all report to the
plant superintendent. The leadman wears a supervisor's badge and
at one time was a supervisor. The record, however, does not show
any authority on the part of this leadman to effectively recommend
hiring, 'firing, or promotion. Nor does the record show that he
responsibly directs the work of other employees. Accordingly, we
find he is not a supervisor and include him in the unit.
The setup leadman, Arnold Eisman, sets up jobs and gives tech=
nical instructions to certain machine operators. When the work-
load lightens, he sets up and runs his own jobs. For the past 6
months he has spent 99 percent of his time operating his own
machine. While there is some indication in the record that he may
have at one time been a supervisor, he has no supervisory authority
at present. Accordingly, we shall include him in the unit.
Herbert Luning operates the swiss screw machine. There was
testimony to the effect that Luning was formerly a supervisor.
However, the record shows that at the present time he works alone.
As it is clear that he has no supervisory authority, we shall include
him.
Accordingly, we find that the following employees constitute a
unit appropriate for the purposes of collective bargaining within
23 Apex Tire & Rubber Co., 117 NLRB 559.
24 United States Gyp8um Company, 118 NLRB 20.
812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the meaning of Section 9 (b) of the Act : All production and main-
tenance employees at the Employer's Huntington, New York, plant,
including the shipping clerks, stock clerks, storekeepers,; stock crib
attendants, toolmaker, assembler technicians, testers, and including
in the electronics division, the engineering clerk, the clerk in. the
engineering department, the clerk typist in the production & part-
ment, the clerk typist in the engineering department, and including
in the fluid` systems division, the clerk scheduling , the expediter,
the shop release clerk, the chief shipping clerk, the blueprint con-
trol clerk,, the clerk typist in the manufacturing- engineering. sec-
tion, the secretary in the inspection department, the secretary in
engineering, the production inspector, Alan Morton, production
inspectors, the leadmen, Olof Ericsson, and Alfred Lasda, the setup
leadmen Arnold Eisman, the screw machine operator, Herbert
Luring, working leadmen, and setup working leadmen, but exclud-
ing in the electronics division, the material coordinators, the pro-
duction coordinators, the working foremen, the working supervisor,
the junior designers, the senior draftsmen, the draftsmen, the junior
draftsmen,'the technical illustrator, the senior electronic technicians,,
electronic technicians, junior electronic technicians, mechanical tech-
nicians, senior test technicians, test technicians grade I, test tech-
nicians grade II, engineers, employees of the sales and administra-
tive departments, and excluding in the fluid systems division, the
shop controllers, the designer, Robert Smith , designers , estimators,
methodsmen, draftsmen in engineering , design engineer, specifica-
tions reviewer, employees of the sales, accounting, customer services,
personnel tied purchasing departments, and all office clerical em-
ployees ° technical employees, professional employees, watchmen,
guards, section heads, working foremen, and supervisors as defined
in the Act.
[Test of Direction of Election omitted from publication.]
Harry F. Shuey and Marion M. Shuey, d/b/a Oakwood Tool
and- Engineering Company and Marvin W. Wahier, Petitioner
and International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America , Local;' No. 888,
UAW, AFL-CIO, successor to Miami Valley Tool and Die
Workers Guild (Independent). Case No. 9-RD B01. Decem-
ber 31, 1958
=DECISION AND DIRECTION OF ELECTION
Upon 'a decertification petition duly filed under Section 8 (c) of
the National Labor Relations, Act, a hearing 'was held before
122 NLRB No. 98.