Otis Elevator Co.

National Labor Relations Board - Board Decisions

Apr 15, 1943

48 N.L.R.B. 1287 (N.L.R.B. 1943)

In the Matter of OTIS ELEVATOR COMPANY and UNITED ELECTRICAL,
'RADIO AND MACHINE WORKERS OF AMERICA, C. I. O.
Case No. R-5137.-Decided April 15, 19413
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question: com-
pany refused to recognize the union for the reason that it questioned the
union's claim of majority representation ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em•
ployees with specified inclusions and exclusions ; tenders in the compressor
room and firemen in the boiler room included over objection of the com-
pany, when their. interests and problems appeared to be no different from
those of other employees in the unit.
Mr. Fayette S. Dunn, of New York City, for the Company.
Mr. Emanuel J. Fried, of Buffalo, N. Y., for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio and Machine
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 Otis Elevator Company, Buffalo, New York,
herein called the Company, the National Labor Relations Board pro-
vided ' for an appropriate hearing upon due notice before Peter J.
Crotty, Trial Examiner. Said hearing was held at, Buffalo, New
York, on April 6, 1943. The Company and the Union appeared, par-
-ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. During the hearing the Company made a motion to dis-
miss the petition on the ground that the Union had not submitted a
showing of substantial interest. The Trial Examiner reserved rul-
ing. The motion is hereby denied. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
48 N. L. R. B, No. 161. .
1287
1288 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Otis Elevator Company, a New York corporation, is engaged in:
Buffalo, New York, in the manufacture and machining of castings for
gun-mounts and other war materials. The Buffalo plant is the only,
plant here involved. During 1942, the Company purchased raw ma-
terials; valued at approximately $100,000, of which approximately 75•
percent was shipped to said plant from points outside' the State of
New York. During the same period, the Company manufactured
finished products, valued at approximately $1,000,000, of which ap-
proximately 75 percent was shipped to points outside the State of New
York. The Company admits, for the purposes of this'proceeding, that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio and Machine Workers- of America, affili-
ated with the Congress of Industrial Organizations, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that on March 13, 1943, the-Union requested
recognition for purposes of collective bargaining, and that the Com-
pany refused to recognize the Union for the reason that it questioned.
the Union's claim of majority representation.
A statement prepared by a Field Examiner of the Board, introduced
in evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be -
appropriate? I
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 parties stipulated that all production and maintenance em-
ployees of the Company at its Buffalo, New York, plant, including
the engine room employees; but excluding executives, administrative
i The Field Examiner reported that the Union presented 255 designations bearing appar-
ently genuine signatures and dated between November 1942 and March 1943 ; 53 were
undated. Of the 255 designations submitted , 224 bear the names of persons whose names
appear on the Company 's pay roll Of March 14, 1943 . Said pay roll contains the names of
588 persons in the appropriate unit.
OTIS ELEVATOR COMPANY 1289
employees, office and clerical employees, time checkers, dispatchers,
chasers, superintendents, assistant superintendents, general foremen,
foremen, assistant foremen, supervisors, chief melters, engineering
and drafting department employees, chief inspectors, assistant, chief
inspectors, chemists, research employees, electrical engineers, mechan-
ical engineers, maintenance engineers, laboratory employees, indus-
trial engineers, time-study standards department employees, safety
department employees, personnel department employees, medical
department employees including nurses and matrons, guards, watch-
men, planning and production control employees, estimators, pattern
makers, and pattern-maker apprentices, and the manager's chauffeur,
constitute a unit appropriate for the purposes of collective bargaining.
The parties are in disagreement concerning three tenders of the
compressors in the compressor room of the foundry and three firemen
in the boiler room. The Union would include, the Company exclude,
them.
The Union contends that these employees are eligible to membership
in the Union, that they have been organized, and that their problems
are the same as those of the employees stipulated as properly included
in the appropriate unit. The Company contends that these employees
are responsible for the maintenance of the boiler room and the com-
pressors, which are essential to the preservation of the Company's
property, and that they have a responsibility to the Company and
should not be bound by any obligations other than to the Company.
The duty of the tender of the compressors is to watch the com-
pressors. When not so engaged,,he may repair chipping hammers
which are used in production. The firemen in the boiler room fire
the boilers. These boilers are used for the maintenance of heat in
the plant. During the summer,' these employees are engaged in
work in the machine shop or foundry. All the above employees are
paid on an hourly basis as are other employees. They punch the same
time clock, are under the jurisdiction of the same plant superintendent
and are hired in the same employment office as are other employees.
The interests and problems of these employees appear to,be no dif-
ferent from those of other employees of the Company, who, the parties
have agreed, are to be included in the bargaining unit. Moreover,
there is no evidence that their duties place them in a confidential or
fiduciary relationship to the management of the Company, or that
their inclusion in the unit would interfere with the discharge of such
duties. We shall therefore include the tenders of the compressors in
the compressor room, and the firemen in the boiler room, in the unit.
We find that all production and maintenance employees of the Com-
pany at its Buffalo, New York, plant, including -the engine room
employees, the tenders of the compressors in the compressor room,
and the firemen in the boiler room, but excluding executives, admin-
1290 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
istrative employees, office and clerical employees, time checkers, dis-
patchers, chasers, superintendents, assistant superintendents, general
foremen, foremen, assistant foremen, supervisors, chief melters, engi-
neering and drafting department employees, chief inspectors, assistant
chief inspectors, chemists, 'research employees, electrical engineers,
mechanical engineers, maintenance engineers, laboratory employees,
industrial engineers, time-study standards department employees,
safety department employees; personnel department employees, medi-
cal department employees including nurses and matrons, guards,
watchmen, planning and production control employees, estimators, pat-
tern makers and pattern-maker apprentices, and the manager's chauf-
feur, constitute a unit appropriate for the purposes 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 Election
herein, subject to the limitations and additions set forth in said
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 Rela-
tions 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 Otis Elevator
Company, Buffalo, New York, an election by secert 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 Third 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 tempo-
rarily 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 and Machine Workers of America, C. I. O., for the
purposes of collective bargaining.