Sharp & Dohme, Inc.

National Labor Relations Board - Board Decisions

Jun 16, 1944

56 N.L.R.B. 1471 (N.L.R.B. 1944)

In the Matter of SHARP & DGHIIVIE, INC. and LOCAL #86, UNITED GAS,
COKE & CHEMICAL WORKERS OF AMERICA, AFFILIATED WITH TIrE
CONGRESS OF INDUSTRIAL ORGANIZATIONS
Vase No. 4-R-1367.-Decided June 16, 1944
Drinker, Biddle & Reath, by Mr. Hayward H. Coburn, of Phila-'
delphia, Pa., for the Company.
Rothbard, Greenstone, Harris & Talisman, by Mr. Clarence Talis-
man, of Newark, N.-J.; and Mr•. David Elliot, of Newark, N. J., for
the C. 1. 0.
John W. Lord, Jr., by Mr. C. Clark Hodgson, of Philadelphia, Pa.,
for the Independent.
Messrs. William E. Collier and Peter Sedor, of Philadelphia, Pa.,.
for District 50. -
Mr. John J. Graham, of Philadelphia, Pa., for the Typographical.
Mr. George F. Crowe, of Philadelphia, Pa.; for the Pressmen.
Mr. Nicholas Battista, of Philadelphia, Pa., for the Book Binders.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon nn amended, petition duly filed by Local #86, United Gas,
Coke & Chemical Workers of America, affiliated with the Congress
of Industrial Organizations, herein called the C. I. 0., alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Sharp & Dohme, Inc., Philadelphia, Pennsyl-
vania, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Herman Lazarus, Trial Examiner. Said hearing was held at Phila-
delphia, Pennsylvania, on April 27 and 28, 1944. The Company;
the C. I. 0.; Sharp & Dohme Employees' Organization, herein called
the Independent; District 50, United Mine Workers of America, Lo-
cal Union #12389, herein called District 50; Philadelphia Typo-
graphical Union No. 2, affiliated with the International Typographi-
56 N. L . R. B., No. 263.
1471
1472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cal Union-of North America, herein called the Typographical; Phi1a-'
delphia Printing Pressmen's Union No. 4 and Philadelphia Press As-
sistants' Union No. 11, affiliated with the International Printing Press-
men and Assistants' Union of North America, herein jointly called
the Pressmen; and Philadelphia Local, Union No. 2, International
Brotherhood of Book Binders, herein called the Book Binders, ap-
peared, participated,,and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues.' The rulings of the Trial Examiner 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
Sharp & Dohme, Inc., a Maryland corporation, has its principal
,office in Philadelphia, Pennsylvania. The Company operates three
plants in Pennsylvania located in Ridgway, Glen Olden, and Phila-
delphia, where it is engaged in the manufacture of pharmaceutical
and biological medicinal products.2 During the past year, the Com-
pany used raw materials valued in excess of $500,000, consisting prin-
cipally of crude drugs and chemicals, of which approximately 98
percent was shipped to the Company's plants from points outside
the Commonwealth of•Pennsylvania. During the same period, the
Company sold over $500,000 worth of finished products, of which more
than 75 percent represents the value of products shipped to points
outside the Commonwealth of Pennsylvania. .
The Company admits-that it is engaged in commerce within the
meaning'of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Local #86, United Gas, Coke & Chemical Workers of America, is
a labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
Sharp' & Dohme Employees' Organization is an unaffiliated labor
organization, admitting to membership employees of the Company.
District 50, United Mine Workers of America, Local Union #12389,
is a lab-)r organization admitting to membership employees of the
Company.
'International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, although served with notice, entered no appearance at the hearing.
2 The pharmaceutical products include, among others, tablets, 'pills, " ointments , fluid ex-
tracts, and sterile solutions for hypodermic injections. The biological products include
serums , anti toxins , vaccines , and blood plasma. More than 1,000 different products are
made.
SHARP & DOHME, INC. 1473
Philadelphia Typographical Union No. 2, affiliated with the Inter-
national Typographical Union of North America; Philadelphia Print-
ing Pressmen's Union No. 4 and Philadelphia Press Assistants' Union
No. 11, affiliated with the International Printing Pressmen and As-
sistants' Union of North America; and Philadelphia Local Union
No. 2, International'Brotherhood of Book Binders, are labor, organi-
zations admitting to membership employees of the Company. They
are all affiliated with the Allied Printing Trades Council, which is
subordinate to the International Printing Trades Association.
III. THE QUESTION CONCERNING REPRESENTATION
On or about February 10, 1944, the C. I. O., advised the Company
by registered mail t ;at it represented a majority of the latter's em-
ployees, and requested that a conference be held to develop the details
for recognition. On or about February 15, 1944, the Company agreed
to meet with representatives of the C. I. O. but indicated that it had a
contract with the Independent. A meeting between representatives
of the C. I. O. and the Company was held on February 23, 1944, at
which time the C. I. O. was informed, in effect, that the Company
would not extend recognition unless and until the C. I. O. was certified
by the Board.
The contract with the Independent to which the Company had
reference is not urged as a bar to this proceeding. The contract, con-
taming an automatic renewal provision, .was subject to termination
on April 1, 1944, by 30 days' written notice prior thereto. Since the
C. I. O. gave notice of its representation claim to the Company more
than 30 days prior to April 1, 1944, its notice was timely, and the
contract, clearly does not preclude a present determination of
representatives.3
A report of a Field Examiner of the Board, introduced into evidence
at the hearing, is summarized in a table below 4 , The report,indicates
See Hatter of Pressed Steel Car Company, Inc., 41 N. L. R. B. 6, and cases cited therein.
' See the following table :
Type of unit
Number
employees
in unit
Representation showing in the units*
C. I. O. District50
Typo-
graphical
Book
binders
Press-
men
Compositors ------------------------ 1 0 5
Book binders----------------------- 0 0 2
Pressmen 14 2 0 9
Production and maintenance------- 1,190 592 58
All nonsupervisory employees------ 1,879 592 58
*The Independent relies upon its contractual relations with the Company to demonstrate its
Interest. -
1474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the C. I. 0. represents a substantial number of employees ,in the
unit it contends to be appropriate.5
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' UNITS; THE DETERMINATION OF REPRESENTATIVES
A. The contentions of the parties
The unit sought by the C. I. 0. would comprise all production and
maintenance employees of the Company's three plants,6 including
warehouse and printing department employees,' restaurant em-
ployees,' laundry employees, stable employees, all hourly paid
laboratory employees and technicians, all non-militarized guards, gate
men, watchmen, and custodians, but excluding supervisory employees,
salaried administrative employees, salaried professional employees,
confidential employees, clerical employees, all employees in the re-
search department (except maintenance porters), chauffeurs and
chauffeur helpers, and militarized guards.
The Independent contends that the unit should include all em-
ployees of the Company, excluding only supervisory' employees,
chauffeurs, and chauffeur helpers.
District 50 contends that the unit should include all employees, ex-
cepting supervisory employees, chauffeurs and chauffeur helpers, con-
fidential employees, salaried administrative employees, and employees
in the printing trades. -
The Company takes the position that the unit should include all em-
ployees, excepting supervisory employees, chauffeurs and chauffeur
e An issue was raised at the hearing as to the applicability to the instant proceeding of
the Board ' s decision in Hatter of The Toledo Stamping to Manufacturing Company, 55
N. L. R B. 865 In that case , it developed that a supervisory employee had been instru-
mental in organizing employees for the petitioner . Because of the role he played, the
Board felt impelled to find that the petitioner 's prima facie showing of membership
afforded no proper basis to warrant the direction of an election The petition was accord-
ingly dismissed . In the instant proceeding, an employee classified by the Company as an
assistant department manager, a classification which ' the parties agree to be supervisory,
participated in the C. I. 0 's organizing campaign . The instant proceeding , however, is
clearly distinguishable from the Toledo case. In the latter case , the supervisory employee
was found to be the sponsor of the petitioner 's membership drive and had apparently
solicited the majority of members . No such facts are here present . Accordingly, we are
of the opinion that the C. I. O.'s prima facie showing of membership , made for the purpose
of raising a question concerning representation , has not been impaired . In view of our
conclusion to this effect , we need not consider whether, as the C. I. O. contends, the
employee in question actually was employed in a non-snpervisoiy capacity in spite of his
supervisory classification. '
0It was agreed by all parties that the following are to be included as production and
maintenance employees : shipping department employees ; agricultural employees ; and
horse watchers. -
7 The parties agreed that the restaurant employees in the Philadelphia plant would not
he included since they are not employees of the Company but of the Slater System.
SHARP & DOHME, INC. 1475
helpers, confidential employees, salaried administrative employees,
and salaried professional employees.
The following separate craft units are sought by the Typographical,
the Pressmen, and the Book Binders, respectively':
(1) compositors, compositor apprentices, and proof readers;
(2) cylinder pressmen, vertical pressmen, job pressmen, pressmen
helpers, and job pressman feeder, excluding the printing helper; and
'-(3) paper cutters,. folders and binders, excluding females.
Apart from the issue raised by the claims made by the printing
crafts for separate units, it appears that: the only disputes between.
the parties arise from the opposition of one or more of them to the
C. I. O.'s proposed exclusions from the unit of the following categories
of employees : clerical, confidential, salaried administrative, salaried
professional, and research department.' The parties are, in agreement
that the phrase "supervisory employees" refers to employees of the
rank of assistant department manager and above.
B. The Company's operations
The Philadelphia plant consists of a single building in contrast to
the Glen Olden plant which numbers approximately 50 buildings.'
There is no indication in the record of the size of the Ridgway plant.
The operations of the Company's 3 plants are definitely interrelated.
For example,-the first step in certain of the production processes is
found at Ridgway, where the Company grows from,seed various.
drugs such as digitalis and belladonna, and raises green feed for ani-
mals used in the production of biologicals. Once grown, the drugs
are tested as to their potency in the testing department at Glen Olden.
The animals used in production are located both at Ridgway and
Glen Olden.
The Company's production departments vary in size, with staffs
numbering anywhere from 3 to 150 employees. Skills also vary con-
siderably. Thus, in drug testing, the personnel ranges from wholly
unskilled employees to highly trained pharmacists. The Company
has a total of approximately 1,879 non-supervisory employees, of
whom 400 to 500 are clerical employees.
C. The history of collective bargaining
In May 1937, the Independent first sought recognition as the collec-
tive bargaining representative of the Company's non-supervisory em-
ployees. The Company recognized the Independent after a 'pay-roll
check of the latter's membership cards. Later in 1937, United Chem-
ical Workers Local Industrial Union No. 54, CIO, filed a petition for,
certification with the Board. A consent election agreement between
1476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the United, the Independent, and the Company was subsequently en-
tered into, but before any election was conducted, the petition was
withdrawn. The Independent remained the representative of the
Company's employees. In 1938, the Company's chauffeurs and chauf-
feur helpers withdrew from the' unit represented by the Independent
and affiliated with a local of International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America. A written con-
tract covering them was entered into between the Company and the
Teamsters on November 10, 1942, and continues to be operative.
The Independent and the Company executed no formal agreements
until March 1941, although grievance machinery was provided for, and
there was an informal agreement pertaining to minimum wages. The
1941 agreement covered all the Company's employees in its three plants
excepting supervisory employees, chauffeurs - and chauffeur helpers.
The unit which the Independent now contends to be appropriate is
identical with the 1941 contract unit. A second agreement was entered
into in March 1942, and a third on October 5, 1942, the latter effective
as of September 14, 1942. The two last-mentioned contracts followed
the unit set up in the original 1941 agreement. However, in August
1943, on the'initiative of the Company, it was agreed to exclude as
"supervisory employees" all executive, professional, and administra-
tive employees exempted from the overtime provisions, of the Wage
and Hour law. In this manner, salaried professional and salaried ad-
ministrative employees were excluded from the contract unit.
D. The disputed categories
1. Confidential 'employees
District 50 and the Company agree that all secretaries to supervisors
and executives of the rank of division director and above, and all em-
ployees of the industrial relations division, excepting restaurant em-
ployees at Glen Olden, should be excluded from the unit as confidential
employees. The C. I. O. would in addition exclude secretaries and
stenographers assigned to supervisory employees of the rank of assist-
ant department manager and above. The Independent contends that
confidential employees should form part of the bargaining unit as they
have in the past.
The record indicates that only supervisory employees of or above
the rank of division director are assigned private secretaries, although
supervisors of lower rank may use stenographers. Private secretaries
are in a position to have intimate knowledge of matters pertaining to
personnel relationships, grievances, placement of personnel, salaries
and wages, and other confidential information. Such employees are
SHARP & DOHME, INC. 1477
clearly confidential employees of the type we customarily exclude from
collective bargaining units. ` ' shall exclude them.'
The clerical employees in the industrial relations division are en-
gaged in work incident to the training programs carried on by the
Company, the interviewing of applicants for employment, the con-
ducting of exit interviews, the maintaining of personnel records, the
maintenance and preparation of records pertaining to draft defer-
ments, the typing of job analysis records, and the compilation of in-
formation with respect to negotiations with labor organizations. We
,shall exclude these clerical employees as confidential employees.
Also included in the industrial relations division are restaurant
employees, whom the parties agree to include in the production and
maintenance unit, dispensary nurses, visiting nurses, and routine clerk
ical workers who transcribe medical records and maintain files 9,
Except for the restaurant employees, they are classified as clerical
employees. Since they are not engaged in work of a confidential
nature, we shall defer our disposition of them until the discussion
of clerical employees, infra.
2. Salaried administrative employees
The Company estimated that it had approximately 25' employees in
this group. The C. I. 0., District 50; and the Company agree they
should be excluded from the bargaining unit. The Independent con-
tends that they should be included. , The salaried administrative em-
ployees do not have supervisory functions, but generally act in a
confidential advisory capacity to, and are closely associated with,
employees high in the supervisory hierachy., They are not engaged
in manual labor. Moreover, as noted 'above, they were excluded from
the contract bargaining unit in-August 1943 by mutual agreement of
the Company and the Independent. We shall exclude the salaried
administrative group.
3. Salaried professional employees
There are approximately 50 employees in this group. The C. I. O.
and the Company seek to exclude them from the bargaining unit,
whereas the Independent and District 50 would include them. These
employees include veterinarians and persons with advanced degrees
in science or medicine. For the most part, they are employed in the
research division where they carry on independent research. Outside
'There is no evidence in the record that the stenographers sought to be excluded by, the
C I 0 are confidential employees They thus fall into the , category of strictly clerical
eniplovees discussed in Section IV, subsection D, 5, infra.
' O There are two dispensary nurses, one visiting nurse, and one clerk in the first-aid
department in Philadelphia At Glen Olden , there is one dispensary nurse, one visiting
nurse, and one clerk. The record does not indicate , whether Ridgeway has a separate
first-aid department.
1478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the research division, they generally occupy supervisory positions10
They are paid semi-monthly on a salary basis.-
Many of the, Company's production employees may be termed tech-,
nical employees, so that we are not presented with the issue herein of
whether to include highly technical employees in a unit of non-techni-
cal employees. We are persuaded, however, that the background,
interests, and functions of the professional employees is sufficiently
'different in point of degree from the production employees, to war-
rant excluding them, when there is opposition to their inclusion. As
in the case of the salaried administrative, employees, the professional
employees were excluded from the contract bargaining unit in August
1943 by mutual agreement of the Company and the Independent. We
shall, therefore, exclude the professional employees.
4. Research division employees
• The C. I. O. seeks'to exclude all employees in the research division,
except 'maintenance porters. The Company would include all but
the professional employees whom we have just excluded. The Inde-
pendent and District 50 contend that all employees in the division
should be included.
Research is'carried on in the research division for three' purposes:
to develop new products ; to improve current products, and to resolve
problems of production divisions.' 'The division has only a small pilot
laboratory, which does not include production equipment. Thus,
when experimenting' with a new product, employees of the division'
must go to production departments to supervise production and-pilot
lots on production machines.
While we have excluded research employees from production and
maintenance units, the basis for such exclusion is not present in the
instant case in view of the nature of the Company's production.
Aside from the professional employees whom we have excluded, the
research employees have trainings and backgrounds comparable to
those of many production employees, and they perform similar func-
tions. Moreover, as indicated above they are in contact with pro-
duction employees. We shall include all employees in the research
division, except,professional employees.
5. Clerical employees
Of the four parties interested in an industrial unit, all but the
C. I. O. contend that' clerical employees should be included in the
unit. The C. I: O. opposes their inclusion on the ground that they
have different interests from production' and maintenance employees
10 There are pharmacists and bacteriologists who work in production and are not con-
sidered to be professional employees of the type sought to be excluded.
n There is some indication in the record that some may be hourly paid.-
SHARP & DOHME, INC. 1479
and that it lacks' jurisdiction over them and does not admit them to
membership.
The classifications regarded by the Company as clerical are listed
in a footnote below.12 These classifications cover,both office clerical
and production clerical employees. The great bulk of the Company's
400 to 500 clerical employees are situated in the Philadelphia plant,
only 70 being located at Glen Olden and none at Ridgway. Approxi-
mately 50 of those at Glen Olden and an unstated number of those in
Philadelphia may be considered production clericals as distinguished
from office clericals. From 40 to 50 of these production clerical em-
ployees are under production supervisors. The remainder have their
own supervisors.. The labor cost of production clerical employees is
charged to production overhead. ' All the,office clericals and about 60
percent of the production clericals are physically separated from pro=
duction employees. The concentration of clerical employees in the
Philadelphia plant results from the fact that that plant constitutes
the principal office of the Company. As'stated heretofore, the Phila-
delphia plant consists of a single 9-story building. Office clerical
employees occupy sections of the 6th, 8th, and 9th floors. A few
production clerical employees may be found on most of the floors.
Thus, there is a certain intermingling of clerical and production
employees at the Philadelphia plant merely because of their physical
locations. At Glen Olden there are two general offices.' In one there
are 15 to 20 production clerical employees; in the other there are
approximately 15 office clericals. Other production clericals are
scattered among the production employees.
The Company attempted to prove at the hearing that the peculiar
nature of its business warrants a departure from the customary re-
fusal of the Board to include clerical employees, in units of produc-
tion and maintenance employees. Thus, there is considerable evidence
in the record relating to the intricate and detailed control which is
exercised over all production operations. A special Control Division
is set up to effectuate such control., Its operations include the
analyzing and identifying of all raw materials. Two major types of
control are exercised : (1) complete records are kept as to the nature,
amount, and source of all ingredients which go into each and every
product and package; and (2) complete accounting is maintained of
the ultimate disposition of certain items such as narcotics and blood
'a Secretary, stenographer-semoi and junior, typist-senior and junior, accountant,
accounting clerk-senior and junior, general clerk-senior, intermediate, and junior, file
clerk-senior and junior, correspondent, translator, bookkeeping machine operator, calcu-
lating machine operator, dictaphone machine operator, duplicating machine operator, key
punch machine operator , tabulating machine operator-senior and junior, card puller (pro-
duction and consumer ), messenger , nurse, receptionist , page girl , telephone operator, time-
study engineer , draftsmen-senior and junior , checking pharmacist.
1480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plasma. The enormous number of records involved in control work
is chiefly responsible for the large size of the Company's clerical
staff as compared to its production force. It appears that many
production employees, including employees in the Control, Division,
maintain such records incidental to their work. The production
clerical employees are concerned ' in varying degrees with control
records. Some do production work, others operate in conjunction
with production employees and still others work in physically sepa-
rated offices.
While it appears from the'above that the production clerical em-
ployees are in close daily contact, with production employees, the
contrary conclusion must be reached as respects the office clerical
employees. Moreover, while it is true that control records originat-
ing in production are ulitmately handled by the office clericals, such
relationship does not differ markedly from the relationship of the
plant force and the office forrce in other industries in which we have
deemed it advisable to separate the two groups for collective bar-
gaining purposes. We are not persuaded, therefore, that the interests
of the Company's office clerical employees are so closely interrelated
with the interests of the production employees as to justify, in and of
itself, a departure from our general policy of excluding office clerical
employees from units of production and maintenance employees. Nor
do we regard the fact that clerical employees have not been excluded
in bargaining relations between the Company and the Independent
as determinative of the issue herein.13 Such history of bargaining
did not develop as a result of a determination by this Board. Fur=
thermore, so far as the record indicates, this history is not typical of
the pharmaceutical and biological industry.14
We have, however, frequently included production clerical em-
ployees in units of production and maintenance employees where it
has been demonstrated that they,have interests in common with' pro-
duction employees. In the instant proceeding, the facts clearly re-
flect this circumstance. We shall, therefore, include all production
clerical employees. We shall exclude all office clerical employees.
The office clerical employees constitute a substantial group of em-
ployees not only entitled to collective bargaining rights under the Act,
but one which has actively .participated in collective bargaining. Al-
though we have found that office clerical employees should be excluded
from any unit of production and maintenance employees, we are of
the opinion that the facts in the record warrant a present determination
of the bargaining representative of such employees in a separate unit.
13 Cf. Matter of Union Switch and Signal Company, 30 N. L R B. 922; and Matter of
The Texas Company, 33 N L. R. B 1214.
14 See Matter of Parke, Davis and Company, 51 N. L. R. B. 179, wherein the Board found
a production and maintenance unit excluding clerical employees.
SHARP & DOHME, INC. 1481
We find, in accordance with our findings made above, that all office
clerical employees, including dispensary nurses, visiting nurses, and
clerical employees in the first-aid departments of the industrial rela-
tions division, but excluding all other employees in the industrial rela-
tions division, confidential secretaries to supervisory employees of
the rank of division director and above, and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
6. Employees in the printing trades
The C. I. 0., the Independent, and the Company contend that print-
ing trades employees should not be severed from other production
employees and set up in separate bargaining units. District 50 is
willing that they be severed.
The Company's printing department is located in the Philadelphia
plant. It consists of approximately 35 employees. The department
has control overall printing that enters or forms part of the Company's
packing operations. In addition, it is charged with the responsibility
of stenciling the control numbers which appear on all labels.
Seven of the printing department employees are compositors or
proofreaders whom the Typographical seeks to establish as a separate
unit. The compositors set type, collate it, and prepare it for the
printing pressroom. The record contains undisputed testimony to the
effect that theirs is a highly skilled job requiring an apprenticeship
of 6 years. Proofreaders take print copy and correct any errors in
type which may appear in the copy. They are considered to be as
equally skilled as compositors, inasmuch as they themselves are usually
printers or compositors.
There are 12 employees in the pressroom whom the Pressmen seeks
to represent. The record indicates that cylinder pressmen operate
large type presses, that vertical pressmen operate automatic presses
which do smaller work, and that job pressmen operate hand fed feeder
presses. All.these positions are considered highly skilled, requiring
5 years' apprenticeship. Assisting the job pressmen is a job press
feeder who is purportedly semi-skilled. ,The other pressmen have a
helper.
In the binding section there are seven employees, of whom three are
women. Operations performed therein include paper cutting, fold-
ing, and binding.
The printing trades are well-defined crafts whose craftsmen are
skilled employees. In a non-printing industry such as the Company's,
'their work cannot be successfully duplicated by other employees.
'Hence, workers skilled in other crafts are not interchangeable with
1482 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees of the printing trades. Moreover, the nature of their work
is such that their interests are not only concerned with printing in
the biological and pharmaceutical industry but in any other industry
where printing is found. ' These factors tend to indicate that separate
units of the printing trades employees are appropriate for purposes
of collective bargaining.
On the other hand, the printing trades employees have sufficient in-
terests in common with the Company's production and maintenance
employees to be included in the same unit. Moreover, they have
been included in the same unit in the past. While, as in the case of
the office clerical employees, we do not consider bargaining history,
standing alone, to be determinative, nevertheless, it tends-to indicate
the feasibility of including printing trades employees in a larger unit.
We are of the opinion that the considerations in favor of separate
units of employees in the printing trades are balanced by those tending
to favor their inclusion, in a larger unit, so that these employees could
function as separate units for the purposes of collective bargaining or be
included in a unit with production and maintenance employees. Under
these circumstances, our determination of the unit as respects the em-
ployees in the printing trades will depend in part upon the results of
the elections hereinafter directed among them.
A special problem is presented in this connection by the fact that the
Book Binders has no jurisdiction over female book binders and thus
seeks their exclusion from the unit. We find no justification for dis-
tinguishing between book binders solely on the basis of their sex.
Since the Book Binders does not claim the female book binders, and
there are sister locals which admit them to membership, we shall direct
an election among the book binders and place on the ballot with other
interested labor organizations,-the name of the International of which
the Book Binders is an affiliate, rather than the name of the Book Bind-
ers itself.
There are approximately nine clerical employees in the printing de-
partment whom none of the printing crafts seeks to represent. Eight
of them are situated in the composing room, and the other is a stock-
man (classified as printing helper) whom the Pressman would exclude.
They may be termed-production clericals. We find that they may
properly be excluded from units of printing craft employees. Since
they are production clerical employees, we shall include them in the
production and maintenance voting group hereinafter described.
E. Concluding findings
In view of our findings with regard to the printing trades employees
of the, Company, except for the unit of, office 'clericals found above
to be appropriate, we shall make no final determination at this time of
SHARP & DOHME, INC. 1483
the appropriate unit or units. We shall direct that the question con-
cerning representation which has-arisen be resolved by separate elec-
tions -by secret ballot among the employees,'in the following voting
groups who were employed during the pay-roll period immediately
preceding the date of our Direction of Elections, subject to the limita-
tions and additions set forth therein: •(1) all compositors, compositor
apprentices, and proofreaders in the Company's printing department,
excluding all supervisory employees with authority to hire, promote, .
discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, to determine whether
they desire to be represented by the Typographical, the C. I. 0., the
Independent or none; 15 (2) all cylinder pressmen, vertical pressmen,
job pressmen,, pressmen helpers, and job pressman feeder in the Com-
)any's printing department, excluding the printing helper, and all
supervisory employees with authority to hire, promote, discharge,
liscipline, or otherwise effect changes in the status of employees, or
effectively recommend such action,, to determine, whether they desire
to be represented by the Pressmen, the C. I. 0., the Independent, or
none; (3) all paper cutters, folders, and binders in the Company's
printing department,' excluding all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, to determine whether they desire to be represented by the
parent body of the Book Binders, the C. I. 0., the Independent, or
none; (4) all remaining production and maintenance employees, in-
cluding shipping department employees, agricultural employees, horse
watchers, warehouse department employees, restaurant employees
(except those in Philadelphia employed by the Slater System); laun-
dry employees, stable employees, all hourly paid htiboratory employees
and technicians, all non-militarized guards, gate men, watchmen and
custodians, employees in the research department, and production
clerical employees (including clerical employees in the printing de-
partment), but excluding salaried administrative employees, salaried
professional employees, confidential secretaries to supervisory em-
ployees of the rank of division director and above, all employees in the
industrial relations division (except restaurant employees), all .office
clerical employees, chauffeurs and chauffeur helpers, militarized
guards, and all supervisory,employees of the rank of assistant de-
partment manager and above, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
"Since District 50'desires 'to exclude the printing trades employees from the , unit it
contends to be appropriate , we shall not include its name on the ballot in any of the elec-
tions directed among the printing trades employees.
1484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
such action, to determine whether they desire to be represented by the
C. I. 0., the Independent, District 50, or none'; 11 and (5) all office
clerical employees, including dispensary nurses, visiting nurses, and
clerical employees in the first-aid departments of the industrial rela-
tions division, but excluding all other employees in the industrial rela-
tions division; confidential secretaries to supervisory employees of
the rank of division director and above, and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively 'recommend
such action, to determine whether or not they desire to be represented
by the Independent.'7
Upon the results of the first four elections will depend, in part,
our determination of the appropriate unit or units of production and
maintenance employees.
DIRECTION OF ELECTIONS
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 3, it is hereby
DIRECTED that, as'part of the investigation to ascertain representa-
tives for the purposes of collective bargAining with Sharp & Dohme,
Inc., Philadelphia, Pennsylvania, elections by secret ballot shall be
conducted as early as possible, but not later than thirty (30) days
from the date of this Direction of Elections, under the direction and
supervision of the Regional Director for the Fourth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules andmRegula-
tions, among the following employees who were employed by, the
Company during the pay-roll period immediately preceding the date
of this Direction of Elections, 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 those employees who have since quit or been discharged
iu The C I. 0. moved that District 50's name not be included on the ballot in any election
directed among the production and maintenance employees in view of its small showing
of interest . While the showing made by District 50 is slight, we are of the opinion that
it is sufficient to entitle District 50 to a place on the ballot . See Matter of Elgin National,
Watch Company, 56 N. L . It. B 30.
17 Since the C. I. 0. does not seek to represent the office clerical employees , we shall not
place its name on the ballot in the election directed among such employees . We shall not
place District 50's name on the ballot in this election , since it made no showing of Interest
among the office clerical employees and they , have been found to constitute a separate
appropriate unit. l
SHARP & DOHME, INC. 1485
for cause and have not been rehired or reinstated prior to•the date
of the elections: 18
1. All compositors, compositor apprentices, and proofreaders in
the printing department, excluding all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, to determine whether they desire to be represented by Pliila=
delphia Typographical Union No. 2, I. T. U., or by CIO, Local
86, U. G. C. C. W. of America, or by Sharp & Dohme Employee's"
Organization, for the purposes of collective bargaining, or by none
of these organizations;
2. All cylinder pressmen, vertical pressmen, job pressmen, press-
men helpers, and job pressmen feeder in the printing department,
excluding the printing helper, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, to determine whether they desire to be represented by Interna-
tional Printing Pressmen and Assistants' Union of North America,
or by CIO, Local 86, U. G. C. C. W. of America, or by Sharp &
Dohme Employees' organization, for the purposes of collective bar-
gaining, or by none of these organizations;
3. All paper cutters, folders, and binders in the printing depart-
ment, excluding all supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, to determine
whether they desire to be-represented by International Brotherhood
of Book Binders, or by CIO, Local 86, U. G. C. C. W. of America,
or by Sharp & Dohme Employees' Organization, for the purposes
of collective bargaining, or by none of these organizations;
4. All production and maintenance employees, including shipping
department employees, agricultural employees, horse watchers, ware-
house department, employees, restaurant employees (except those em-
ployed in Philadelphia by the Slater System), laundry employees,
stable employees, all hourly paid laboratory employees and technicians,
all non-militarized guards, gate men, watchmen and custodians, em-
ployees in the research department, and production clerical employees
(including clerical employees in the printing department), but ex-
cluding salaried administrative employees, salaried professional em-
ployees, confidential secretaries to supervisory employees of the rank
of division director and above, all employees in the industrial rela-
tions division (except restaurant employees), all office clerical em-
18 The several unions expressed preferences at the hearing that their respective names
appear on the ballots as set forth in the Direction of Elections.
587784-45-vol. 56-95
1486 DECISIONS OF NATIONAL'LABOR RELATIONS BOARD
ployees, chauffeurs and chauffeur helpers, militarized guards, all
supervisory employees of the rank of assistant department manager
and above and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, and alt employees
included in groups,1, 2, and 3, above, to determine whether they
desire to be represented by C. I. 0., Local 86, U._ G. C: C. W.' of
America, or by Sharp & Dohme Employees' Organization, or by
United Mine Workers of America, ,District 50, for the purposes of
collective bargaining, or by none of these organizations; 'and
5. All office clerical employees, including dispensary nurses, visit-
ing nurses, and clerical employees in the first-aid departments of
the industrial relations division, but excluding all other employees
in the industrial relations division, confidential secretaries to super-
visory employees of the rank of division director and above, and all
supervisory employees with authority to hire, promote,'discharge, dis-
cipline, or otherwise effect 'changes in the status of employees, or
effectively recommend such action, to determine whether or not they
desire to be represented by Sharp & Dohme Employees' Organization;
for the purposes of colle ctive bargaining. ' .
1