Rowe Manufacturing Co.

National Labor Relations Board - Board Decisions

May 5, 1943

49 N.L.R.B. 472 (N.L.R.B. 1943)

In the Matter Of ROWE MANUFACTURING COMPANY and LOCAL UNION
No. 1692, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF
AMERICA, AFFILIATED WITH THE A. F. OF L.
Case No. R-51,53.-Decided May 5, 19/3
Mr. Clarence W. Heyl, of Peoria, Ill., for the Company.
Messrs. George C. Ottens and John R. Kelley, of Indianapolis,
Ind., for the Carpenters.
Mr. Harry E. O'Reilly, of Chicago, Ill., and 11r. Arthur E. Ingles,
of Galesburg, Ill., for the A. F. or L.
Mr. Arthur Leff, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by American Federation of
Labor, herein.called the A. F. of L., alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Rowe Manufacturing Company, Galesburg, Illinois, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Robert T. Drake, Trial
Examiner.' Said hearing was, held at Galesburg, Illinois, on April
9, 1943. The Company, the A. F. of L., and Local Union No. 1692,
United Brotherhood of Carpenters and Joiners of America, herein
called the Carpenters, appeared, participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence hearing on the issues. At the close of
the hearing the Company moved to dismiss the petition on the ground
that the amendment to the petition, referred to in footnote 1 hereof,
deprived the Board of jurisdiction in this proceeding. The said
motion is hereby denied. The Trial Examiner's rulings made at the
1
'At the hearing , the Trial Examiner granted a motion to change the name of the peti-
tioner from American Federation of Labor to Local Union No 1692, United Brotherhood
of Carpenters and Joiners of America , affiliated with the A F. of L., and to change the
description of the bargaining unit which ' the petitioner claimed to be appropriate The
said ruling is hereby affirmed
49 N. L. H. B.. No. 63.
472
ROWE MANUFACTURING COMPANY 473
hearing are free from prejudicial error and are hereby affirmed. , On
April 15, 1943, the Company filed a brief which has been considered
by the Board.
Upon the entire record in the case, the Board makes the following.
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Rowe Manufacturing Company is an Illinois coporation engaged
in the manufacture, assembly and sale of garage doors, farm fenc-
ing, silos, and miscellaneous farm and other equipment. It operates
a plant at Galesburg, Illinois. The principal raw materials used by
the Company are lumber and steel. During 1942 more than 50
percent of the dollar value of such raw materials, totalling more
than $50,000, was shipped to its Galesburg, Illinois, plant from points
outside the State of Illinois. During the same period, the dollar
value of finished products partially or completely malfactured
by the Company at its Galesburg, Illinois, plant exceeded $200,000,
and approximately 50 percent of the products so sold was shipped
'to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The American Federation of Labor and its affiliated organization,
Local Union 1692, United Brotherhood of Carpenters and Joiners
of America, are labor organizations admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 2 , 1943, the A. F. of L., claiming to represent a majority
of the Company 's employees , requested a collective bargaining con-
ference with the Company . On March 23 , 1943, the A. F. of L.
again requested that the Company recognize it, or such labor organi-
zation affiliated with it as it might designate for that purpose, as the
collective bargaining representative for the Company's employees.
At that time the Company , asserting that it doubted the A. F. of L.
claim to majority representation , declined to accord the A . F. of L.
such recognition . The A. F. of L . then filed the amended petition
herein. On April 6 , 1943, the A . F. of L. granted a charter to the
Carpenters , as its authorized affiliate to represent employees of the
Company. On motion of the A. F. or L. made at the hearing herein,
the said amended petition was amended to substitute the name of the
Carpenters as the petitioner . At the hearing the Company was
474 DEICfSIONS OF NATIONAL LABOR RELATIONS BOARD
requested but declined to "recognize the Carpenters as bargaining
representative for its employees.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
It is the contention of the Carpenters that the appropriate bar-
gaining unit should consist of all employees of the Company, exclu- -
sive of executives, superintendents, office clerical employees, and
guards who are sworn into the Auxiliary Military Police.3 The
Carpenters would, include in said unit, whereas the Company would
exclude, the 44 persons discussed below.4
'Froman Galyean, James Patterson, John McKenzie, and Glenn
Hawkins are classified by the Company as general supervisors. Each
is in charge of a separate department which also has a number of sub-
foremen. In each such department there are from 12 to 60 employees
who are under the general direction of the supervisor in charge. The
general supervisors recommend promotion and discharge,' and, such
recommendations are generally followed by the management. The
general supervisors are paid monthly salaries. Practically all of their
time is devoted to supervision. Although at times they perform some
manual labor, it appears that such labor is performed by them only
when instructing employees under their charge. We shall exclude these
general supervisors from-the unit.
Gale Carlson and Gale Cunningham are classified by the Company
as,foremen in charge of its shipping and receiving departments. Each
of them is charged with the duty of supervising the work of 10 to 15
employees. Each has an office and keeps records relating to the work
of his department. They make recommendations to the personnel
office concerning the hiring and discharging of employees in their de-
partments . Although they do some manual work in conjunction with
the employees under their supervision, the greater part of their time
is devoted to supervisory and clerical functions. We shall exclude
these foremen from the unit.
I. 'C. Cherrington is classified by the Company as foreman of its
punch press department. He has 12 to 15 employees under his' super-
vision, including about, 3 subforemen or leadmen. He receives his in-
2 The Carpenters presented for the Trial Examiner 's inspection 81 authorization cards
dated in March and April 1943, of which 76 bore apparently genuine signatures corre-
sponding to names on the Company pay roll of April 9 , 1943, which listed 253 names in the
unit claimed by the Carpenters to be appropriate
3 This is according to the description in the petition as amended at the hearing
4 At the hearing the parties agreed to the exclusion from the unit of two additional
employees , namely, Nelson Dodge, of the Company 's personnel department , and B ' S Lyons,
watchman sworn into the Auxiliary Military Police
ROW MAIN- FACTTJRINNG COMPANY 475
struction directly from the general superintendent's office. Insofar as
the record discloses, he does not perform any functions, other than
supervisory. We shall exclude him from the unit.
H. 0. Fullmer is classified by the Company as supervisor of its door
assembly department and its crating department. These departments
are housed in a separate building, known as Building No. 4, and include
about 15 employees, all of whom are,under the supervision of Fullmer.
He receives his instructions directly from the general superintendent's
office. We shall exclude him from the unit.
Carl Luvall is classified by the Company as foreman of its machine
shop. Part of his time is devoted to actual production work. He
is in charge of the machine shop, and supervises and is responsible
for the work of about eight machinists and tool and die makers. Ile
receives his instructions from and reports to the office of the general
superintendent. We shall exclude him from the unit.
Raymond Ancelet and A. E. -Simpkins are classified as subforemen
in the Company's hardware department which is under the general
supervision of Galyean. Each supervises the work of approximately
20 employees. They have the right to make recommendations concern-
ing hiring and discharging, and such recommendations are generally
followed. We shall exclude them from the unit.
James Conlee is a draftsman and engineer who is paid a monthly
salary. He has an office, shared by his assistant, Lowell Yates, the
outer door of which bears the legend, "Engineering Department." He
does not engage in production work. He reports directly to the execu-
tives of the Company. We shall exclude James Coulee from the unit.
Lowell Yates, Coulee's assistant, is usually engaged in drafting and,
engineering clerical work. At the time of the hearing, however, he
was engaged exclusively in supervising 15 employees in the manufac-
ture of a skid. He is often given supervisory assignments of the same
general character. He does not himself engage in actual production
work. We shall exclude him from the unit.
De Moss Romine and James Shunick are a mechanical power
engineer and an electrical engineer, respectively. Each has a number
of assistants.' The former has charge of the plant's heating and diesel
engine equipment. The latter, who holds a college engineering degree,
has charge of the plant's generators, motors, and switchboard, and
also works on the development of electrical parts. We shall exclude
Romine and Shunick from the unit.
Andrew Lambie and William Doyle are classified by the Company
as clerical employees. , They have desks in the factory office used by the
department supervisors. Lambie checks orders, writes job tickets, and
performs miscellaneous clerical work in the factory. -Doyle keeps stock
records and writes orders. Neither does any production work. Since
476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
their work is not essentially different from the work performed by
many clerical employees whom the parties are agreed should be
excluded from the unit, we shall exclude Lambie and Doyle.
James D. Smith and Arthur Harrison, working under the general
direction of Galyean to whom they are responsible, dq welding work,
and, at the same time direct and inspect the work of six welders who
work with each of them. It appears that Smith and Harrison devote
at least one-half of their time to actual welding work. Since the record
'indicates that Smith and Harrison are in effect working leaders, we
shall include them.
Charles Baughman, Roy Bruner, Bert Swanson, and Angelo Perfy
work under the general supervision of Patterson to whom they are
responsible, and each at times directs the work of from 6 to 12 em-
ployees. While engaged in directing such employees, they also per-
form manual work similar to that of employees whose work they
direct. Only Perfy is engaged throughout the year as a working
subforeman. The others act as subforemen only during certain seasons
of the year. Since, as appears from the record, the employees in ques-
tion devote a substantial portion of their time to work similar to that
of employees whom they direct, and generally do not perform any
major supervisory functions, we shall include them in the unit.
J. N. Spencer, a subforeman under Fullmer, and C. W. Sutherland,
a subforeman under,Patterson, are charged with the duty of directing
the work of a small number of employees with whom they work.
It appears that a substantial part of their time is devoted to the actual
performance of work similar to that of the men whom they direct
,and that they do not perform any major supervisory functions. We
shall include them in the unit.
Walter -Marsh, head millwright, Allen Mann, stockroom attendant,
0. G. Wilcox, in charge of sheet metal work, and H. R. Gillette, in
charge of shearing work, receive their instructions from the general
superintendent's office, and have from one to four assistants, each, who
aid them in their work. Only a minor portion of their time is spent
in directing the work of their assistants. Since it appears from the
record that they, are, at most, working leaders, we shall include them
in the unit.
Fred Ywrth is employed in the mill department, under the super-
vision of Hawkins, principally as an inspector. He checks machine
set-ups and also checks the work of approximately 20 to 25 employees
in that department. Part of his time is devoted to actual production
work. Except to the extent indicated, he does not appear to perform
any supervisory functions. We shall include him in the unit.
Pearl Channel, Lester Henry, and Hubert Dawson are now employed
ROWE MANUFACTURING COMPANY 477
as die setters in the punch press department, which is under the super-
vision of I. C. Cherrington, and which now has a total of 15 employees.
Part of their time is devoted to instructing other workmen in this
department and checking their work. When the punch press depart-
ment operated with two shifts, Channel was the foreman of the night
crew, but, except to the extent already indicated, he i's now engaged
solely in production work. We shall include Channel, Henry, and
Dawson in the unit.
Glen G. Cherrington at the present time is employed principally
as an inspector in the Company's trellis department, which is under
the supervision of Patterson, and, as such, has no supervisory duties.
At times he also acts as a working foreman of the paint department
which includes four employees. The Company does not have sufficient
painting work to keep all the employees in that department continu-
ously occupied, and members of that department are, therefore, as-
signed to other work from time to time. Fifty percent or more of
Cherrington's time is devoted to checking and inspecting trellises as
distinguished from painting. We shall include him in the unit.
L. E. Brant, Eskell Freburg, and Sam Smith, although they were
engaged at one time as foremen or subforemen in various departments
which are not now in operation, are at present, and have been for
some time, employed as general factory workers. We shall include
them in the unit.
Ross Dunlevy is employed as a clerk in the shipping and receiving
department which is under the supervision of Cunningham. He takes
charge of the department only on occasions when Cunningham is
absent. In addition to checking shipping orders, marking packages,
and preparing bills of lading, he also assists other departmental
employees in the handling of heavy cases. The parties are agreed
that other non-supervisory employees in that department are to be
included in the unit. In view of the fact that Dunlevy does not perform
any major supervisory functions and his work is closely related to
that of other employees in that department, we shall include him in the
unit.
George Lowery is a full time, and M. C. Welsh and Theodore
McAdams are part-time watchmen not sworn into the Auxiliary Mili-
tary Police. Welsh and McAdams devote most of their time to pro-
duction work. George Epley, John Shaw, and Ralph Brush are
janitors. The Company claims that these employees are engaged in
occupations which are not within the jurisdiction of the Carpenters.
The Carpenters, however, states that these employees are eligible for
membership in its organization, and that it has been its practice in
other plants to accept employees holding like job classifications. The
478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Carpenters claims further, that the janitors and watchmen desire
representation-by it. No other union seeks to represent the watchmen
and janitors, and, in view of their small number, it appears that they
will have-no representation if they are excluded from the appropriate
unit. On the basis of all the evidence, we are of the opinion that the
watchmen and janitors should b,^ included with the other employees.
We therefore find that all employees of the Company at Galesburg,
Illinois, including the employees named in Appendix A hereof, but
excluding executives, superintendents, office clerical employees, guards
who are sworn into the Auxiliary Military Police, and the employees
named in Appendix B hereof, constitute a unit appropriate for the
purposes'of collective bargaining within the meaning of Section 9 (b)
of the Act.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll, period immediately preceding the date of our 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 Relations 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 Rowe Manufac-
turing Company, Galesburg, 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, 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
employees in the unit found 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 any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Local Union
No. 1692, United Brot herhood of Carpenters and Joiners of America,
affiliated with the A. F. of L., for the purposes of collective bargaining.
479MANUFACTURING COMPANYROWE
Charles Baughman
L. E. Branic
Roy Bruner,
Ralph '.Brush
Pearl Channel
Glen G. Cherrington
Hubert Dawson
Ross Dunlevy
George Epley
Eskell Freburg
H. R. Gillete
Arthur Harrison
Lester Henry
George Lowery
Raymond Ancelet
Gale Carlson
I. C. Cherrigton
James Conlee
Gale Cunningham
Nelson Dodge
William Doyle
H. 0. Fullmer
Froman Galyean
Glenn Hawkins
APPENDIX A
I Theodore McAdams
Allen Mann
Walter Marsh
Angelo Perfy
John Shaw
James D. Smith
Sam Smith ;
J. N. Spencer
C. W. Sutherland"
Bert Swanson
M. C. Welsh
0. G. Wilcox
Fred Yurth
APPENDIX B
Andrew, Lambie ,
Carl Luvall
B. S. Lyons
John McKenzie
James Patterson
De Moss Romine
James Shunick
A. E. Simpkins
Lowell Yates