51 N.L.R.B. 189 (N.L.R.B. 1943)

The Murray Corp. of America

National Labor Relations Board - Board DecisionsJul 9, 1943

51 N.L.R.B. 189 (N.L.R.B. 1943)

In the Matter of THE MURRAY CORPORATION OF AMERICA and INTER- NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO), AMALGAMATED LOCAL 889 Cases Nos. R-4380 and B-4381 SUPPLEMENTAL DECISION ORDER SETTING ASIDE ELECTION AND SECOND DIRECTION OF ELECTION July 9,1943 On November 28, 1942, the Board issued a Decision and Direction of Election in the above-entitled proceeding,, and on December 17, 1942, an Amendment to Decision and Direction of Election 2 Pur- suant to the Direction of Election, an election by secret ballot was conducted on January 6, 1943. On January 12, 1943, the Union filed Objections on which the Board, on March 16, 1943, ordered a hearing. On March 22, 1943, the Union filed a motion for Modification and Amendment of Decision and Direction of Election. On July 5, 1943, the Union requested withdrawal of its objections conditioned upon the Board amending its Decision and directing an election in a unit as thus amended. The motion for modification is granted, to the extent indicated below. The request for withdrawal of objections is also granted, and we hereby vacate our Order directing hearing on the Objections. Upon the entire record in the case, the Board makes the following supplemental findings of fact which, to the extent that they are inconsistent therewith, supersede the findings made in the Decision issued- November 28, 1942, as amended December 17, 1942. SUPPLEMENTAL FINDINGS OF FACT In its Decision the Board found that time checkers (or timekeepers) exercised such a degree of managerial discretion in the performance 1 45 N. L. R. B. 854. 2 46 N. L. It. B. 103. 51 N. L. R B, No. 43. 189 190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of their duties as to warrant their exclusion from the unit found appropriate therein for the purposes of collective bargaining., The duties of these employees, set forth in the Decision, clearly indicate that they are similar to those of the timekeepers in the Bohn Alumi- num Company case .3 For reasons set forth in that case, we find that the time checkers (or timekeepers) employed by the Company at its Main,Plant 4 should have been included in the unit found appropriate in our Decision issued November 28, 1942, as amended December 17, 1942. We shall therefore include them.' We find that all clerical employees of the Ecorse Plant and the Main Plant of the Company, including employees in the cashier's office; telephone operators; stenographers, typists, and clerks in the Plant Protection, Education, Cost Control, Industrial Engineering, and Insurance departments (Departments 85, 109, 93, 80A, and 162, respectively) ; engineering follow-up clerks, die and jig; engineer- ing planning and scheduling clerks (Department 395) ; and time checkers (or time keepers) in the Main Plant; but excluding the classifications set forth in Appendix "A," and the compensation clerk, insurance claim clerk, and insurance investigator in the In- surance Department (Department 162), estimators and the estima- tor leader in the Estimating Department, Sales Estimating Section, and Tool Time Sandards Section (Departments 99 and 395), all employees in the Industrial Relations Department (Department 90), and all employees in the Employment Department (Department 106), constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) o_f the Act. We shall set aside the election held on January 6, 1943, 'and shall issue a Second Direction of Election. We hereby direct that the election be held among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Second Direction of Election, subject to the limita- tions and additions set forth in the Direction. I ORDER The National Labor Relations Board hereby vacates and,sets aside the election held in this proceeding on January 6, 1943, and the results thereof. 3 47 N L. R. B. 1229. On June 11, 1943, following oral argument and rehearing, the Board issued a Supplemental Decision affirming its original Decision. 4 Although the time checkers (or timekeepers) employed by the Company at its Ecorse Plant might more properly be included in the unit hereinafter found to be appropriate, we shall exclude them from the unit since they are now covered by a collective bargaining contract between the Company and Local No. 2 of the Inteinational here involved. THE MURRAY CORPORATION OF AMERICA 191 SECOND 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 represent- atives for the purposes of collective bargaining with The Murray Corporation of America, Detroit, Michigan, at its Main and Ecorse Plants, 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 of Election, under the direction and supervision of the Regional Director for the Seventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Ar- ticle III, Section 10, of said Rules and Regulations, among all em- ployees of the Company in the unit found appropriate, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work dur- ing 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 Inter- national Union, United Automobile, Aircraft and Agricultural Implement Workers of America (UAW-CIO), Amalgamated Local 889, for the purposes of collective bargaining. APPENDIX "A" MAIN PLANT Department No. 305-Operations Planning Statisticians Stenographers Typists Secretary Supervisory Classifications Executives Chief Buyer Managers Chief Timekeeper Superintendents Chief Engineer Co-Ordinating Superintend- Chief Telephone Operator ents Chief Accountant Department Supervisors Buyers Section Supervisors Budget Director Cashier 192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Engineering Classifications Sales Engineers Jr. Sales Engineers Process Engineers (Methods) Industrial Engineers Stationary Engineers Time Study Engineers Product Engineers Research Engineers Plant Engineer Professional Electrical Engineer Welding Engineer Equipment Engineer Transportation Engineer Consulting Engineer Safety Engineer Tool Engineer Salvage Engineer Laboratory Technicians Auditors (Chemical Laboratory) Artist Chemist Art and Color Draftsmen Production Draftsman Plant Layout Draftsman Tool and Die Draftsman Industrial Relations Division Department #85-Plant Protection 1st Class Patrolman Desk Sergeant Sergeant 2nd Class Patrolman Special Investigator Probationary Patrolman Investigator' 3rd Class Patrolman Fire Marshal Watchman Superintendent Plant Protec- tion 1st Class Watchman Lieutenant Plant Police Chief Fire Marshal Department #90-Industrial Relations Industrial Relations Manager Supervisors Personnel Manager Secretary Employment Manager Personnel Analyst Personnel Auditor Department #104-Public Relations Supervisor Stenographer Editor - Photographer Assistant Editor Reporter Department #106-Employment Supervisors Interviewers, Final Welfare THE MURRAY CORPORATION OF AMERICA Department #108-Medical Doctor Clerks Nurses Technicians-Laboratory Head Nurse Laboratory-Helpers Secretary Department # 109-Educational Director : Secretary Supervisors Safety Engineers Instructors Standards Division-Time Study-Methods-Budget Department #93-Cost Control Jr. Analyst Secretary Sr. Analyst Department #9j-Time Standards Supervisors Time Study Observers Jr. Analyst Time Study Analysts Sr. Analyst Department $395-Engineering Time Standards Supervisors Sr. Analysts Jr. Analysts Department #99-Estimating (Methods) Supervisors Secretary Industrial Engineering Department Head of the Department Sr. Analysts Industrial Engineers Jr. Analysts ECORSE PLANT FRAME DIVISION Industrial Relations Division Department #85 Plant Protection Sergeant 3rd Class Patrolman 1st Class Patrolman Probationary Patrolman 2nd Class Patrolman Department #90-Industrial Relations Supervisor 193 194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Department #108-Medical Doctor Nurses Supervisory Classifications Manager Chief Timekeeper Superintendents Chief Engineer Co-Ordingating Superintendent Chief Accountant Department Supervisor Cashier Section Supervisor Engineering Classifications Product Engineer Safety Engineer Time Study-Methods-Budget Department #95 Time Study Observer Sr. Analysts Jr. Analysts