Watson Flagg Machine Co.

National Labor Relations Board - Board Decisions

Jan 23, 1943

46 N.L.R.B. 1349 (N.L.R.B. 1943)

In the Matter Of WATSON FLAGG MACFIINE CO. and INTERNATIONAL
UNION, UNITED AUTOMIOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUS-
TRIAL ORGANIZATIONS
Case No. R-4676.Decided Jaiwary 23,19_1j3
Jurisdiction : gears manufacturing industry.
Investigation and Certification of Representatives : existence of question:
refusal to grant recognition until certified by the Board; election necessary.
Unit Appropriate for Collective Bargaining : all employees of the Company at
its main plant and at the annex to the main plant at Paterson, New Jersey,
with specified exclusions.
Mr. Herbert J. Jacobi, of New York City, and Vr. Donald Col-
leater, of Clifton, N. J., for, the Company.
Mr. Samuel L. Rothbard, of Newark, N. J., for the Union.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by International
Union, United Automobile, Aircraft & Agricultural Implement
Workers of America, C. I. 0., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees Of Watson Flagg Machine Co., Paterson, New
Jersey, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Viiieent M. Rotolo, Trial Examiner. Said hearing was held at Hack-
ensack, New Jersey, on December 22, 1942.( The Company-and the
Union appeared, participated, and were afforded full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. The Company filed a brief which the Board has con-
sidered.
46 N L R B, No 168.
1349
1350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Watson Flagg, Machine Co: is a New Jersey, corporation with,, its
Principal office ,and,place of business located at Paterson, New. Jersey,
where it is engaged in,the manufacture of gears. During the 6-month
period preceding November 30, 1942, the Company, used raw mate-
rials, consisting of steel castings; 'valued in excess of $100,000, of
which 70 percent was-purchased and shipped to the Company' from
points outside the State of New, Jersey. During the same . period
the .Company manufactured and sold finished products valued in ex-
cess of $100,000, of. which 80 percent was sold and delivered to pur-
chasers outside the State of New Jersey. The Company admits .that
it is engaged in commerce within the meaning of the National Labor
-Relations Act. ' . ,
IT. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to -membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On 'or about October 23,'1942, the Union notified the Company that
it represented a majority of the employees in an appropriate bar-
gaining 'unit and 'requested recognition is their representative, The
Company refused, such recognition unless and until the Union is cer-
tified br the Board. '
A statement of the Regional Director;, introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found, appropriate? We find that
a question, affecting commerce has arisen' concerning the representa-
tion of employees of the 'Company within the -meaning of Section
9 (c) and Section 2 (6) and (7) of the Act.
-'The report of the Regional Director states that the Union submitted 335 application-
for-membership cards, of which 332 bear apparently genuine signatures ; that 227 of these
cards are undated; and that the balance bear dates between December 1941 and December
1942; that the Company refused to furnish a pay roll for the purpose of checking these
cards , but did submit a stipulation waiving such a,,check and conceding that the Union has
a substantial interest in this proceeding and further alleging that there are 725 employees
in the alleged unit
WATSON FLAGG MACHINEi CO. 1351
IV. THE APPROPRIATE UNIT
The Union contends that all employees of the Company , employed
at its main plant and at the annex io the main plant, exclusive' of
expediters , , leadmen, working foremen, assistant foremen, foremen;
superintendents , assistant superintendents, supervisory employees gen-
erally, executives , office employees, clerical employees , watchmen,
guards, draftsmen , employees in the planning and scheduling depart-
ment, technical and professional employees , sales and medical- em-
ployees, ^ nurses, ' and administrative employees , comprise an appro-
priate unit . The sole controversy with respect ,to the appropriate
unit is whether group leaders and set-up leadmen should be excluded;
as the Union contends , under the general classification of leadmen
because of the supervisory nature of their work.
There are 38 departments in the Company's main plant and annex.
A supervisor is in charge of each department and 9 of the depart-
ments also employ foremen to assist the supervisors . In those de-
partments where the nature of the work calls for special , skill, the
employees are classified as "A", "B ", and "C" men, according to their
particular skill and ability . The Company employs 30 set -up lead-
men, and 23 group leaders, all of whom are selected from class "A"
men. A majority of the 38 departments employ set-up leadmen yho
assist the less experienced men in setting up the machines which they
operate. The set-up leadmen are skilled machine operators and the
men whom they assist consider them "bosses ." Although set-up lead-
men do not have the authority to hire or discharge , they may recom-
mend such action. Group leaders employed in the larger depart-
ments of the plant spend approximately 50 percent of their time
supervising groups of production employees and deciding methods
of production . The 'remaining 50 percent of their time is devoted
to assisting the less experienced men in the operation of the ma=
chines . In the smaller departments in, which there are no set-tip
leadmen, the group leaders also act as set-up men ! The group leaders
do not'have the authority to hire or discharge, but are responsible for
the, work of the employees whom they supervise and may make room'=
mendations which are taken into ' account by the management in
making wage increases and promotions . Inasmuch as their duties
and responsibilities are supervisory in nature , we shall exclude' both
group leaders and set-up leadmen , from the unit 'under the general
classification of leadmen.
We find that all employees of the Company employed at its main
plant at 845 East 25th Street and at the annex to the''main plant at
East 19th Street, Paterson, New Jersey, exclusive of expediters, lead-'
men, working foremen, assistant foremen, foremen , superintendents,
assistant superintendents , supervisory employees generally, execu
tives, office employees , clerical employees , watchmen , guards, drafts-
1352 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD
men, employees in the planning and scheduling department ,, technical
and-professional employees , sales and medical employees , nurses, and
administrative employees, 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
Although the Company contends that the pay-roll date immediately
preceding the date of the election should be , used in determining the
eligibility of etilployees to vote in the election and the Union con-
tends that the eligibility date sould be the date of the filing of the
original petition , we perceive no valid reason for departing from our
usilal? practice in this - matter. Accordingly, we shall direct that ,the
question concerning representation which has arisen ,be,resolved by, an.
election by secret 'ballot among ,the employees iii, 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 Watson Flagg
Machine Co ., Paterson , New Jersey , 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 , tinder the direction and supervision
of the Regional Director for the Second Region, acting in this mat-
ter 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 employees , 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 & Agricultural Imple-
ment Workers ,,of America , affiliated with the Congress ' of Industrial
Organizations , for the purposes of collective bargaining.