Simpson Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Jul 20, 1943

51 N.L.R.B. 512 (N.L.R.B. 1943)

In the Matter of SIMPSON MANUFACTURING COMPANY, INC. and
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA,
C. I. O.
Case No. R-56,04. -Decided July 00, 1943
Messrs. Isador Kahn and William F. Little, of Evansville, Ind., for
the Company.
Messrs. James Payne and Elvis E. Swan, of Evansville, Ind., for
the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition 1 duly filed by United Electrical, Radio & Machine
Workers of America, C. I. O., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Simpson Manufacturing Company, Inc., Evans-
ville, Indiana, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice be-
fore Ryburn L. Hackler, Trial Examiner. Said hearing was held at
Evansville, Indiana, on June 29 and 30, 1943. The Company and
the Union appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. At the hearing the Company
made a motion to strike the Trial Examiner's statement, read into
the record, relating to the showing of representation interest of the i
Union among certain employees of the Company, known as "lead-
men."- The Trial Examiner reserved ruling. The motion is hereby
denied. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were af-
forded opportunity to file briefs with the Board.
1 At the hearing the Union amended its petition with respect to the unit.
51 N. L. R. B. No. 94.
512
SIMPSON MANUFACTURING COMPANY, INC. 513
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
. Simpson Manufacturing Company, Inc. is an Indiana corporation
having its principal office and place of business in Evansville, Indiana,
where it is engaged in machining and processing aluminum and
magnesium forgings and castings under a subcontract with Republic
Aviation Corporation. Republic Aviation Corporation has a plant
in Indiana which is engaged in the production of aeroplanes and is
operated under a lease arrangement in the ordinary form with the
Defense Plant Corporation. Ninety-five percent of the raw materials,
including aluminum and magnesium forgings and castings, shipped
to that plant is shipped from points outside the State of. Indiana.
There they are unpacked and inspected before they are shipped to
that corporation's various subcontractors for processing. During
the 5-month period preceding the hearing, the Company received from
Republic Aviation Corporation in excess of 3,000 aluminum and 2,500
magnesium forgings and castings. During the same period, the
Company has processed and delivered to the Republic Aviation Cor-
poration, at its Indiana plant, in excess of 1,500 aluminum and 1,000
magnesium finished forgings and castings which then become part of
the aeroplanes manufactured by the Republic Aviation Corporation.
Title to the raw and finished forgings and castings remains at all
times in the Republic Aviation Corporation, and all machinery used
by the Company is loaned to it by the Republic Aviation Corporation.
The Company contends that it is not engaged in commerce within
the meaning of the National Labor Relations Act. However, in view
of the foregoing, we find that the Company is engaged in commerce
within the meaning of the Act 2
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organiza-
tion admitting to membership employees of the Company.
2 See Matter of Certain -Teed Products Corporation , 48 N. L : R. B. 43; and Matter
of United States Cartridge Company, 42 N. L. R. B . 191, citing N. L. R. B. V. Fa.inbiatt,
306 U . S. 601.
The fact that the Company never has title to the materials and products is immaterial.
N. L it. B . v. Bradford Dyeing Association , 310 U S. 318, 326. It is clear that the opera-
tions of the Company and Republic Aviation Corporation together constitute commerce.
See N. L. it. B. v. Sunshine Mining Co ., 110 F. ( 2d) 953 ( C. C. A. 9 ), cert. denied 312 U. S.
678.
514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
i
III. THE QUESTION CONCERNING REPRESENTATION
On May 28, 1943, the Union addressed a letter to the Company noti-
fying it that the Union represented a majority of the Company's pro-
duction and maintenance employees, and requesting a conference. On
June 1, 1943, the Company replied stating that it doubted that the
Union represented a majority of its employees, and refused to meet
in conference.
A statement of the Acting Regional Director, introduced in evidence
at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found appropriate.3
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
The Union contends that all production and maintenance employees
of the Company, including leadmen, watchmen, and production con-
trol employees, but excluding the plant superintendent, the assistant
superintendent, foremen, assistant foremen, clerical and office em-
ployees, employees in the engineering department, timekeepers, and
factory clerks constitute an appropriate unit for the purposes of col-
lective bargaining. The parties are in disagreement with respect to
two groups of employees: (1) leadmen and (2) watchmen. The Union
would include these employees, whereas the Company desires their
exclusion. With regard to the employees in the engineering depart-
ment, timekeepers, factory clerks, and production 'control employees,
the Company takes no position contrary to that of the Union.
The Company employs six leadmen, whose duties consist of setting
up jobs for the operators, and making trial tests; training and instruct-
ing new employees; and preparing progress reports on employees in
their groups. They are paid on an hourly basis, and receive wages that
are 10 to 15 percent higher than those of the production employees.
$ The Acting Regional Director reported that the Union submitted 95 application cards,
94 of which bore apparently genuine signatures , and 1 bore a printed name. The cards
were dated as follows : 1 in February 1943„ the remaining in April , May, and June 1943.
There a, e between 75 and 100 employees in the unit . No check against any pay `roll
was made.
Counsel for the Company argued that the Regional Director 's statement had no proba-
tive value , that the statement was made in the absence of any representative of the Com-
pany; that the Company has no knowledge of the truth of the statements contained
therein ; that the Company has not had the privilege of cross -examination based on the
statements therein appearing . and objected to the introduction of that statement in evidence.
The Trial Examiner overruled the objections . We have heretofore affirmed the rulings of
the Trial Examiner and we find that the Company 's contentions are without merit See
Matter of Intertake Iron Corporation, 38 N. L. R. B. 139; and Matter of Atlas Powder
Company, 43 N. L R B. 757.
SIMPSON MANUFACTURING COMPANY, INC. 515
The record indicates that they have the authority to recommend hire.
discharge, promotion or demotion. We conclude that these employees
are supervisory, and we shall, therefore, exclude them from the unit.
There are in the employ of the Company one full-time watchman,
and one part-time watchman and maintenance employee. Neither of
these employees is uniformed or armed, nor do they belong to the
auxiliary military police or any other deputized force. They are under
the supervision of the maintenance supervisor and are part of the gen-
eral maintenance department. We can find no substantial difference
between the work of these employees and that of other maintenance
employees. We shall, therefore, include these employees in the unit.
As stated above, the Union desires the inclusion of production con-
trol employees, and the Company takes no position to the contrary.
The record indicates that there are four stockchasers, one scheduler,
and one clerk in this category. It appears, however, that the scheduler
and the clerk engage primarily in clerical work, and we shall, there-
fore, exclude them from the unit. We shall, however, include the four
stockchasers. -
We find that all production and maintenance employees of the Com-
pany, including the watchmen and the stockchasers, but excluding the
plant superintendent, the assistant superintendent, foremen, assistant
foremen, leadmen, 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, clerical
and office employees, timekeepers, factory clerks, the scheduler and
clerk in the production control department, and the employees in the
engineering department, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion, subject to the limitations and additions set forth therein.
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 repre-
sentatives for the purposes of collective bargaining with Simpson
540612-44-vol 51-34
516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Manufacturing Company, Inc., Evansville, Indiana, 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 Fourteenth 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 temporarily 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 United
Electrical, Radio & Machine Workers of America, C. 1. 0., for the pur-
poses of collective bargaining.