Mallinckrodt Chemical Works, 187 (1962)

packing and paint department, and there is no evidence that independent'investigations are made of-such recommendations in any case.' Accordingly, we find that the leadermen and board machine men have and exercise authority effectively to recommend promotions of employees under them and are supervisors within the meaning of the Act s We shall therefore exclude them from the unit.

We-find that the following employees of the Employer at its New Brighton, Staten Island, New York, plant constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 '(b) of the Act :

All production and maintenance employees including inspectors, but excluding office and clerical employees, professional employees, testers, watchmen, guards, executives, foreman, mill leadermen, large batch leadermen, dry paint, Sabinite and Oriental leaderman, Perf-ATape -leaderman, shipping leaderman and raw materials leaderman in the packing and paint department, shipping leadermen in the paste paint department, block leadermen, takeoff leadermen, board machine men, and other supervisors as defined in the Act.

[Text of Direction of, Election omitted from publication.] 8 There is evidence that in two instances, one involving a recommendation for suspension by a takeoff leaderman and the other a, 'recommendation for discharge by a board machine man, that independent investigations were made before action was taken. Also there was testimony that separate investigations are made of recommendations for discharge by the shipping leaderman in the packing and paint department. However, there is no evidence of independent investigation of any other recommendations for changes in status.

9 -United States Gypsum Company, 112 NLRB 1217.

Mallinckrodt Chemical Works and International Brotherhood of Electrical Workers, A. F. L., Petitioner. Case No. 14-RC2728. October 3,1955 DECISION AND ORDER

Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Henry L. Jalette, hearing 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 organizations involved claim to represent employees of the Employer.' I 1 The Independent Union of Chemical Plant Workers intervened on the basis of a contractual interest.

   114 NLRB No. 48.

3. No question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons:

   The Petitioner seeks to sever a unit of electricians from a produc tion and maintenance unit. The Employer and Intervenor contendthat the petition is barred by their contract.

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