The Budd Co.

National Labor Relations Board - Board Decisions

Apr 17, 1962

136 N.L.R.B. 1153 (N.L.R.B. 1962)

THE BUDD COMPANY, AUTOMOTIVE DIV., GARY PLANT 1153
Respondent Company in writing that the Respondent Union has no objection to his
employment by the Company. The Respondent Union shall not be liable for any
backpay which may accrue for the period beginning 5 days after it notifies the
Company and the discriminatees as aforesaid. It is also recommended that the Com-
pany make available to the Board, or its agents, upon request, payroll and other
records to facilitate the computation of the amount of backpay due and the rights of
employment.
In view of the nature of the unfair labor practices committed, the commission by
the Respondents of similar and other unfair labor practices may be anticipated. The
remedy should be coextensive with the threat. I will therefore also recommend that
the Respondents be ordered to cease and desist from infringing in any manner on the
rights of employees guaranteed in Section 7 of the Act.
Upon the foregoing findings of fact, and upon the entire record in the case, I make
the following:
CONCLUSIONS OF LAW
1. The operations of Continenal Can Company, Inc., occur in commerce within
the meaning of Section 2(6) and (7) of the Act.
2. United Papermakers and Paper-workers, AFL-CIO, and Local 790 are labor
organizations within the meaning of Section 2(5) of the Act.
3. By discriminating in regard to the hire and tenure of employment of Leon
Boguszewski, Joseph DeCicco, James Greco, Mickey Greco, Wolodymyr Jakovenko,
Richard Romanski, Richard Rowe, and Victor Ciancia, the Respondent Company
has engaged in and is engaging in unfair labor practices within the meaning of Section
8(a)(3) of the Act.
4. By the above conduct, thereby interfering with, restraining, and coercing em-
ployees in the exercise of rights guaranteed by Section 7 of the Act, the Respondent
Company has engaged in and is engaging in unfair labor practices within the meaning
of Section 8 (a) (1) of the Act.
5. By causing the Respondent to discriminate against employees in violation of
Section 8(a)(3) of the Act, the Respondent Union has engaged in and is engaging in
unfair labor practices within the meaning of Section 8(b) (2) of the Act.
6. By causing the Respondent Company to discriminate as aforesaid, thus re-
straining and coercing employees in the exercise of rights guaranteed in Section 7 of
the Act, the Respondent Union has engaged in and is engaging in unfair labor prac-
tices within the meaning of Section 8 (b) (1) (A) of the Act.
7. The aforesaid unfair labor practices are unfair labor practices which affect
commerce within the meaning of Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
The Budd Company, Automotive Division, Gary Plant and Inter-
national Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, UAW, affiliated with American
Federation of Labor and Congress of Industrial Organization,
AFL-CIO, Petitioner. Case No. 13-RC-7639. April 17, 1962
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed under Section 9(c) of the National Labor
Relations Act, a hearing was held before William D. Boetticher, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
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 claims to represent certain em-
ployees of the Employer.
136 NLRB No. 108.
1154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9(c) (1) and Section 2(6) and (7) of the Act.
4. The Petitioner, which represents the production and maintenance
employees, seeks a unit of office and plant clerical employees, and
technical employees, and only alternatively would accept a separate
unit for the technicals. The Employer objects only to the inclusion
of technical employees in such unit. As the parties agree thereto,
we find a single unit of office and plant clerical employees appropriate.
Eastern Corporation, 116 NLRB 329. The Petitioner also seeks, with-
out objection, a separate unit of professional employees, which we
find appropriate.
The record shows the following with respect to the technical em-
ployees : I
1. Plant layout draftsmen
These technicals work in the engineering department under the
supervision of the supervisor of that department. They make me-
chanical, tool, and die drawings for the production process, and also
smaller plant layouts and mechanical drawing for production equip-
ment, but do no production work. They are required to have 3 years
of draftsman experience, and work very closely on all projects with
the plant layout designer and plant layout engineer as a part of the
engineering department "team." The engineering department is lo-
cated in one corner of the second floor of the administration building,
with the rest of the building being occupied by clerical employees.
The plant layout draftsmen are paid a weekly salary like the cleri-
cals, and also receive the same fringe benefits.
2. Laboratory technicians
These technicals work in the laboratory, which is in the production
area, under the supervision of the metallurgist. Also working in the
lab under the supervision of the metallurgist are the welding engineer,
and electrician assistant to the welding engineer, a metals inspector,
and a male clerk who types up reports and keeps the lab records.
The lab technicians set and review the chemical processes used in the
plant, and also evaluate and review the types of steel and other metals
used both as equipment and as part of the products manufactured.
i The parties agree, and we find on the record , that the plant layout draftsmen , labora-
tory technicians , and standards clerks are technical employees The two estimators,
alleged by the Employer to be technical , estimate costs for selling prices, and read blue-
prints and drawings to compute such costs while both are high school graduates and
had some machinist or tool die experience , neither had college, technical school , or special
course, training for the j ob The Employer testified that a journeyman machinist would
be qualified for the job As they do not meet the specialized training requirements for
technicals of Litton Industries of Maryland , Incorporated, 125 NLRB 722 , we find that
the estimators are clericals
THE BUDD COMPANY, AUTOMOTIVE DIV., GARY PLANT 1155
They must have a college education and at least 2 years of experience in
chemical and metallurgical fields. They frequently go out into the
plant to obtain samples to perform tests in the lab, but they do no
production work. The lab technicians are also paid a weekly salary
like the clericals, and also receive the same fringe benefits as the
clericals.
3. Standards clerks
These technicals are supervised by the chief industrial engineer.
They administer the incentive program of the production and main-
tenance unit contract, performing the necessary time study, establish-
ing production methods, and changing production methods. They
must have a minimum of 2 years of college and 2 years of actual time
study and industrial engineering experience. There are no other em-
ployees in their department, and they are located in an office in the
plant. They too are paid a, weekly salary like the clericals, and while
the record does not so specify presumably they too receive the same
fringe benefits as the clericals.
It thus appears that the technicals have a community of interest
with the clericals in that they receive the same type of wage remunera-
tion and the same fringe benefits, some of the technical and clerical
employees have common supervision and work in the same location,
and also that some of the technicals have contact with clericals. Ac-
cordingly, and as no cogent reason appears for establishing a separate
unit for the technicals, we shall include them in the clerical unit.2
We find that the following employees of the Employer constitute
units appropriate for the purposes of collective bargaining within the
meaning of Section 9 ('b) of the Act :
(a) All office and plant clerical employees, and technical employees,
excluding confidential and managerial employees,3 professional em-
2 Cf The Sheffield Corporation, 134 NLRB 1101.
3In accordance with the parties' agreement, we exclude the personnel interviewer, the
bookkeeper general ledger, and the confidential secretaries to the controller, plant manager,
personnel manager, labor relations manager, production manager, superintendent of manu-
facturing and engineering, and director of purchase, as confidential employees, and the
analyst-system and procedures, buyers, sales representatives, and the production steel
technician, as managerial. Tile personnel records clerks, alleged by the Employer to be
confidential or managerial, assist new employees in filling out employment records and
explain conditions of employment, process records on employee insurance claims and termi-
nations, maintain records on employees' absences , rate changes , promotions , merit in-
creases, and disciplining, and assist in the preparation of statistical information to be
used in contract negotiations. We find that they are neither confidential nor managerial,
and we include them See American Radiator if Standard Sanitary Corporation, Pacific
Order Handling Division, 119 NLRB 1715, 1720 The safety inspectors promulgate and
effectuate safety rules, conduct safety training programs, investigate accidents, issue
written reprimands and recommend discipline for violations of safety rules, and may stop
an unsafe operation and report it to the foreman We find that they are more closely
allied pith management than with the clerical employees, and we exclude them. See Hiehle
Printing Press if Manufacturing Company, 113 NLRB 1252, and case cited The Employer
urges the exclusion of the standards clerks on the ground that they are confidential They
perform the necessary time studies for the establishment of incentive rates under the
641795-63-vol. 136-74
1156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees, guards , and supervisors as defined in the Act, and all other
employees.
(b) All professional employees as defined in the Act,' excluding
guards and supervisors as defined in the Act.
[Text of Direction of Elections omitted from publication.]
CHAIRMAN MCCULLOCH, concurring :
I concur in the result reached. The Petitioner represents the Em-
ployer's production and maintenance employees. It now seeks to rep-
resent all other unrepresented employees in two units. In one, it
would include professional employees. In the second, it would include
technical employees together with the office and plant clericals.
The parties are in agreement as to the separate professional unit.
The Employer does not object to the grouping of plant and office cleri-
cals employees but would exclude the technicals. The technicals are
classified as plant layout draftsmen, laboratory technicians, and stand-
ards clerks. They share substantial interests in common with the office
and plant clericals. For the foregoing reasons and because there is no
persuasive reason for further fragmentizing the groupings of the
Employer's employees with respect to their representation for pur-
poses of collective bargaining, I find that the technical employees, to-
gether with the plant and office clericals, may appropriately comprise
a residual unit.
MEMBERS LEEDOM and FANNING took no part in the consideration of
the above Decision and Direction of Elections.
production and maintenance contract , and may make limited adjustments in a rate at the
first level of the grievance procedure . On some occasions , they also prepare written
answers in later steps of the grievance procedure , but such answers must be approved by
signature of their supervisor. On occasion , they also assist their supervisor in preparing
statistical material for contract negotiations , which he prepares for the negotiators. In
view of their limited participation in the grievance procedure and contract negotiations,
we find that the standards clerks are not confidential . See Chapman Valve Manufactur-
ing Company, 119 NLRB 935, 937.
4 The parties agree, and we find , that the nurses , plant layout engineers , plant layout
designers , and welding engineers are professional employees.
Toffenetti Restaurant Company, Inc. and Dining Room Em-
ployees Local 1, Hotel and Restaurant Employees and Bar-
tenders International Union , AFL-CIO. Case No. 2-CA-7874.
April 18, 1962
DECISION AND ORDER
On November 21, 1961, Trial Examiner Samuel Ross issued his
Intermediate Report in the above-entitled proceeding, finding that
136 NLRB No. 106.