Minneapolis-Honeywell Regulator Co.

National Labor Relations Board - Board Decisions

Jul 30, 1943

51 N.L.R.B. 890 (N.L.R.B. 1943)

In, the Matter of MINNEAPOLIS-HONEYWELL REGULATOR COMPANY,
and DIE AND TOOL MAKERS LODGE No. 113 OF THE INTERNATIONAL
ASSOCIATION OF MACHINISTS
Case No. R-5630.-Decided July 30, 1943
Messrs. M. B. Taft and T. McDonald, of Chicago, Ill., for the Com-
pany.
Messrs. J. W. Ramsey, A. J. Hayes, and B. H. Skidmore, of Chicago,
Ill., for Local 113.
Mr. Ernest De 11 aio, of Chicago, Ill., and Mr. Robert Wishart, of Min-
neapolis, Minn., for the United.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF,ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Die and Tool Makers Lodge No. 113
of the International Association of Machinists,' herein called Lodge
113, alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Minneapolis-Honeywell'Regu-
lator Company, Chicago, Illinios, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Leon A. Rosell, Trial Examiner. Said hear-
ing was held at Chicago, Illinois, on July 6, 1943. The Company,
Lodge 113, and United Electrical, Radio and Machine Workers of
America, C. I. 0., herein called the United, appeared, participated,:
and were afforded full opportunity to be heard, to examine and cross,
examine witnesses , and to introduced evidence bearing on the issues.
At the close of the hearing the United moved that the Board dismiss
the petition filed herein on the ground that the unit proposed by Lodge
1 The petition and other formal papers were amended at the hearing by deleting from
the name of 'the petitioning union appearing thereon all terms descriptive of its former
affiliation with-the American Federation of Labor.
51 N. L. R. B., No. 139.
890
MINNEAPOLIS-HONEYWELL REGULATOR COMPANY 89x1
113 was not an appropriate bargaining unit. The Trial Examiner
did not rule on this motion. For reasons which appear in Section
IV, below, the motion is denied. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Minneapolis-Honeywell Regulator Company is normally engaged in
the manufacture and sale of temperature controlling devices. The
Company has factories at Minneapolis, Minnesota; Wabash, Indiana;
and Chicago, Illinois. The Chicago plant is the only plant directly
involved in this proceeding.
At its Chicago plant the Company is presently engaged in manu-
facturing airplane instruments. During the year 1943 the Company's
monthly purchases for this plant have been in excess of $300,000, of
which approximately 80 percent was transported to the plant from
points outside Illinois. The Company anticipates that during the
next 6 months of 1943 the monthly sales of products made at this
plant will exceed $2,000,000, of which approximately 90 percent will
represent products transported from the plant to points outside
Illinois.
The Company admits that it is engaged in commerce within the
.meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Die and Tool Makers Lodge No. 113 of the International Association
of Machinists is an unaffiliated labor organization, admitting to mem-
bership employees of the Company.
United Electrical, Radio and Machine Workers of America is a
labor organization affiliated with the Congress of Industrial Organ-
izations, admitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On April 21, 1943, Lodge 113 asked the Company for recognition as
exclusive bargaining representative of employees in the tool room at
the Company's Chicago plant. On May 5, and again on May 25, 1943,
the Company advised Lodge 113 that it would not grant such recogni-
tion until Lodge 113 should be certified by the Board.
892 'D'ECISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement prepared by the Regional Director and other evidence
introduced at the hearing indicates that Lodge 113 represents a sub-
stantial number of employees in its proposed bargaining unit.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Sections 9 (c) and 2 (6) and (7) of the Act.
IV. THE ALLEGED APPROPRIATE UNIT
Lodge 113 contends that the toolroom employees at the Company's
Chicago plant, excluding clerical and supervisory employees, constitute
an appropriate bargaining unit. ` The United contends that such em-
ployees do not constitute an appropriate unit apart from other em-
ployees of the Company. The United contends that production and
maintenance employees at the Chicago plant, or such employees at the
Chicago and Minneapolis plants, constitute the only appropriate bar-
gaining unit. The Company takes no position with respect to the
bargaining unit, or units, appropriate for its employees. • '
The Company began operating its Chicago plant on July 5, 1942.
During 1942 it was engaged in tooling and preparing the plant for
production operations. A number of employees were sent from the
plant to the Company's Minneapolis plant for training and were there-
after returned to production work at Chicago. At the time of the
hearing in this proceeding the Company had commenced manufactur-
ing at, and shipping products from, its Chicago plant. It expects to
reach full production about November 1943, when the number' of its
production and maintenance employees at Chicago, now approximately
786, will probably exceed 1,800.
The Company's toolroom is physically separated by partition from
the rest of the plant. Toolroom employees are tool and die makers who
correct and maintain the Company's tool equipment. They are spe-
cially skilled employees. They assist in correcting tool trouble on the
production floor, but they are not engaged in production work and do
not interchange work with production operators.3 Toolroom em-
ployees are under the supervision of a general foreman, who is in
charge of the toolroom, tool grinding and general tool matters. All
2 Lodge 113 submitted 27 authorization cards, dated in April and May 1943 , bearing the
apparently genuine signatures of employees in the Company 's toolroom on the pay roll of
June 7, 1943. There are approximately 50 employees in the unit proposed by Lodge 113.
The United submitted eight application cards, all of which bear apparently genuine
original signatures. None of these cards bear the names of employees in the Company's
toolroom at the Chicago plant.
8 At the time of the hearing a jig borer in the toolroom was being used temporarily for
production work, pending the receipt by the Company of production boring machines then
on order. The jig borer is a toolroom machine. It is being operated for this temporary
production purpose by a regular toolroom employee.
MINNEAPOLIS-HONEYWELL REGULATOR COMPANY 893
toolroom employees on day and night shift are under the immediate
supervision of toolroom foremen and two or three group leaders with
special experience, of the rank of working foremen. There are 3 or 4
clerical employees assigned to the toolroom. On the day of the hear-
ing, toolroom employees, excluding the general foreman, the foremen,
and clerical employees, but including the group leaders, numbered 49.
Of these, 37 were on the day shift and 12 on the night shift. The
Company desires to increase the night shift in the toolroom to 32 em-
ployees when and if men competent and trained for such work become
available for employment.
The United urges that the proposed unit is not appropriate for bar-
gaining on the ground that it does not include tool grinders and tool
hardeners at the plant, although such employees at other local plants
are included in the membership of Lodge 113 and in its local bargain-
ing units. While employees in these categories are clearly eligible to
membership in International Association of Machinists, herein called
the I. A. M., by which Lodge 113, was chartered, Lodge 113 has re-
stricted its membership to toolroom employees in Chicago plants and
has not included tool grinders and tool hardeners whose work at such
plants is performed outside toolrooms. Since the Company's tool
grinders and tool hardeners are not employed in the toolroom, but in
other departments of the plant and under other and different local
supervisors, we find that the exclusion of such employees therefrom
does not render the proposed unit inappropriate.
The United further contends that a unit restricted to the Com-
pany's toolroom employees is inappropriate on the ground that it
is not in keeping with an expressed intent of the I. A. M. to organize
the Company's production and maintenance employees on a plant
basis. In January 1943, the I. A. M. held an- organizational meeting
at Chicago to which it invited all production and maintenance em-
ployees of the Company. The record discloses no further act on the
part of the I. A. M. on behalf of the Company's general plant em-
ployees and no attempt on the part of Lodge 113, a local affiliate
restricted to toolroom employees, to extend its membership beyond
the employee, in the unit herein proposed. In determining an appro-
priate bargaining unit pursuant to a petition for certification of repre-
sentatives, we have accorded due weight to the status of organization
among employees directly affected by our investigation. Upon peti-
tions of industrial unions, we have frequently denied requests for
craft or departmental units when the organization of employees by
the petitioner has exceeded the unit sought and the whole record in
the case has clearly indicated a larger unit appropriate for the pur-
poses of collective bargaining.4 In the instant proceeding, and under
4 Matter of Justin McCarthy, Inc., 36 N . L. R. B. 800 ; Matter of Central Ohio Light
and Power Co., 51 N . L. R. B. 522.
894 DECISIONS OF NATIONAL LABOR RtE.LATLONS BOARD
the circumstances noted above, we find without merit the contention of
the United that the petition of Lodge 113 herein is barred by the
action of the I. A. M in holding the general meeting noted above.
Since employees in the Company's toolroom are specially
skilled employees who constitute a clearly definable group at the
plant, and since the organization of the Company's employees at the
Chicago plant has not progressed beyond this group at this time, we
see no reason to deny to these employees the right of collective bar-
gaining if they so desire. We find that employees in the toolroom
may properly constitute a separate bargaining unit or they may be
included with production and other maintenance employees in a
larger unit .5 Under these circumstances, we shall determine, in part,
by election whether such employees should constitute at this time a
separate bargaining unit. We shall direct an election among them.
If a majority of employees in the Company's toolroom select Lodge
113 as bargaining representative, we shall find that the toolroom
employees constitute a separate bargaining unit and shall certify
Lodge 113 as their bargaining representative. If, however, a major-
ity of employees in the toolroom do not select Lodge 113 as bargain-
ing representative , we shall dismiss the petition filed by Lodge 113
herein.° In any event, a finding with respect to a separate unit for
toolroom employees at the Company's Chicago plant will be pred-
icated upon the present state of organization of the Company's
employees and the employment conditions obtaining at the plant.
Such finding will not preclude further full investigation by the
Board into the matter of the appropriate unit or units for employees
of the Company, and possible revision of a unit found appropriate
as a result of the instant proceeding, upon the subsequent filling of
a latter petition for certification of representatives involving these
employees.7
Lodge 113 would exclude from its proposed unit the general fore-
man, the foremen, and clerical employees in the toolroom. We shall ex-
clude these'eniployees from voting, and from any unit prodicated, upon
the election. Local 113 would include group leaders. Since group
° We note that the United, which is bargaining representative of the Company 's employees
at the Minneapolis plant, conferred with representatives of the Company with respect to the
inclusion of employees at the Chicago plant and employees at the Minneapolis plant in a
single bargaining contract . The United did not at that time , or at the time of the hearing,
contend that it represented a majority of the employees at the Chicago plant or disclose
that it represented any substantial number of them. The Company , moreover , intends to
rouble the number of its production employees at the Chicago plant when the plant is in
lull operation , probably in November . Under these circumstances we shall not more fully
consider at this time the suggestion of the United that production and maintenance em-
ployees at the Company 's two plants, as noted, constitute a single appropriate bargaining
unit.
° Matter of The Liquid Carbonic Corporation, 35 N. L. R. B. 674.
T Matter of Brown . P„aper Goods Co., 34 - N. L. R. B. 743; Matter of Westinghouse Electric
and Manufacturing Company, 38 N. L. R. B. 412.
I L[NNEAPOLIS-HONEYWELL REGULATOR COMPANY 895
leaders have authority to recommend the discharge of employees with
whom they work, we shall exclude group leaders and any other super-
visory employees s from voting in the election and from any unit predi-
cated thereon. We shall likewise exclude clerical employees. Lodge
113 would include within its proposed unit the toolroom employee
who, at the time of the hearing, was temporarily operating a tool-
room machine for production work. Since this employee is a regular
toolroom employee, we find that he is eligible as such to vote in the
election.
V. THE DETERMINATION OF REPRESENTATIVES
As noted in Section IV, above, we find that the question which has
arisen concerning the representation of the Company's employees
can best be resolved by an election by secret ballot.
Since the United represents no employees in the toolroom and does
not desire to participate in any election limited to such employees,
we shall make no provision for the United. to appear upon the ballot.
Although the Company intends to employ additional tool makers
for night-shift work, it does not appear that such trained employees
are so immediately available for hire that the election should be
delayed pending their employment. -
Those eligible to vote in the election which we shall now direct
shall be all employees in the Company's toolroom. at the Chicago
plant, excluding clerical employees, the general foreman, foremen,
group leaders, and all other supervisory employees, who were em-
ployed during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to the limitations and
additions set forth in the Direction.
DIRECTION OF ELECTION
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 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Minneapolis-
Honeywell Regulator Company, Chicago, Illinois, 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 Thirteenth Region,
8 Under the term "supervisory" employees , we shall deem excluded any supervisory em-
ployee with authority to hire, promote , discharge , discipline , or otherwise effect changes
in the status of employees or effectively recommend such action.
896 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 all employees in the Company's toolroom at the Chicago plant,
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
temporarily laid off, and including employees in the armed forces of
the United States who present themselves in person at the polls, but
excluding clerical employees, the general foreman, foremen, group
leaders, and all other supervisory employees and employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by Die and Tool Makers Lodge No. 113 of
the, International Associations of Machinists, for the purposes of
collective bargaining.
CHAIRMAN MmLis took no part in the consideration of the above
Decision and Direction of Election.