Consolidated Electrical Products

National Labor Relations Board - Board DecisionsOct 16, 1946

71 N.L.R.B. 360 (N.L.R.B. 1946)

In the Matter Of CONSOLIDATED ELECTRICAL PRODUCTS, NOT INCORPO- RATED, AND ELECTRICAL APPARATUS COMPANY, NOT INCORPORATED, EMPLOYERS and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, C. I. 0., PETITIONER Case No. 13-R-3659.-Decided October 16, 1946 Mr. Albert A. Epstein, of Chicago, Ill., for the Employers. Messrs. Alfred McPherson and Pat Amato, of Chicago, Ill., for the Petitioner. Mr. Seymour M. Alpert, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS Upon a petition duly filed, hearing in this case was held at Chicago, Illinois, on July 15, 1946, before Sidney Grossman, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYERS Consolidated Electrical Products, herein called Consolidated, is a copartnership composed of David Bright, Harry Goldberg, and Richard Goldberg, with its principal office and place of business in Chicago, Illinois, where it is engaged in the manufacture of arma- tures, field assemblies and dynamotors. During the 9-month period following September 1, 1945, Consolidated purchased approximately $6,000 worth of raw materials, about 10 percent of which represented shipments to it from sources outside the State of Illinois. During the same period, it sold approximately $9,000 worth of finished products, of which about 25 percent represented shipments to points outside the State. Electrical Apparatus Company, herein called Electrical, is a copart- nership comprised of Julius Muskin, Richard Goldberg, and Ruth Bright, with its principal office and place of business on a separate 71 N. L R. B., No. 52. 360 CONSOLIDATED ELECTRICAL PRODUCTS 361 Boor in the same building as Consolidated, where it is engaged in the manufacture of commutators, choke coil assemblies, and hedge trim- mer units. During the 9-month period following September 1, 1945, Electrical purchased approximately $9,000 worth of raw material, about 15 percent of which represented shipments from sources out- side the State of Illinois. During the same period, it sold approxi- mately $14,500 worth of finished products, of which about-25 percent represented shipments to points outside the State. Each Employer admits and we find that each is engaged in com- merce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations , claiming to represent employees of the Employers. III. THE QUESTION CONCERNING REPRESENTATION The Employers refuse to recognize the Petitioner as the exclusive bargaining representative of their employees until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employers within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE, UNIT The Petitioner seeks a single unit of all production and maintenance employees of both Employers including the matron, but excluding office clerical employees and supervisory employees. The Employers differ with the Petitioner as to the scope of the unit in that they would establish separate units for each Employer; they also differ with the Petitioner as to the composition of the unit in that they would exclude the matron from any-unit or units found appropriate. Inasmuch as both partnerships here involved have one partner in common who is the general manager of both firms, and the remaining two partners in Consolidated are related through blood and marriage to two of the partners in Electrical, and because there is some inter- relation and integration of activities affecting the operations of both Employers, a two-employer unit might, under other circumstances, be appropriate. However, each Employer is a separate entity, manu- factures different finished products, conducts its production operations without commingling its employees with those of the other, has its own immediate supervisory personnel, personnel manager in charge of labor relations,' and clerical force, occupies separate executive of- Except that the personnel manager for Consolidated also does the hiring for Electrical. 362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD fices, and keeps its own books of account and pay-roll records. And, although about 35 percent of the production of each Employer is sold to the other for use as component parts of its finished products, neither Employer performs any work on the products manufactured by the other. In addition in those instances where each Employer uses similar or related work classification`s, different techniques are gen- erally required, and where the services of certain individuals such as comptroller, personnel director, matron, carpenter, and electrician are shared, there is a careful allocation of costs by bookkeeping en- tries. It further appears that there has been no history of collective bargaining affecting these operations. Accordingly, in view of the foregoing considerations, we are impelled to the conclusion that the production and maintenance workers of each Employer constitute a separate appropriate unit for the purposes of collective bargaining.2 There remains for consideration the disposition to be made of the matron, whom the Petitioner would include in the appropriate unit as a production employee, and the Employers would exclude as an office clerical employee. This employee is listed on Electrical's pay roll. Her job title of matron is obviously a misnomer in that her chief function is that of a receptionist. She is stationed at a desk in an outer room adjacent to Electrical's office, and is under office super- vision. In addition to her function as receptionist, she is expected to administer first aid to the employees of both Employers, and to assist Electrical's office clerical employees by performing minor office work. Although the record shows that the receptionist was once as- signed production work which lasted for approximately 3 weeks, it is apparent that this work was temporary, and that, except for this period, she has never performed such work nor is expected to perform such work in the future. Accordingly, inasmuch as her work brings her into daily contact with Electrical's office clerical employees, and her interests appear to be closely related to the other office clericals, we shall exclude the matron as an office clerical employee. Upon the basis of the entire record, and in conformance with the foregoing conclusions, we shall direct separate elections among the employees in the units described below: (1) All production and maintenance employees of Consolidated, including the employees listed in Appendix A, attached hereto, but excluding office clerical employees and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the statics of employees, or effectively recommend such action ; 2 Matter of Reeves Soond Laboratories , Inc. 60 N . L R B 463 ; Mat I er of The Airparts Company, 59 N. I, R B 1341; Matter of Bethlehem -Alameda Shipyard , ftte, 53 N. L. R. B. 999 CONSOLIDATED ELECTRICAL PRODUCTS 363 (2) All production and-maintenance employees of Electrical, in- cluding the employees listed in Appendix B, attached hereto, but-ex- eluding office clerical employees and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the purposes of collective bargaining with Consolidated Electrical Prod- ucts, Not Incorporated, and Electrical Apparatus Company, Not Incorporated, both of Chicago, Illinois, separate elections by secret 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employees in the units found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Di- rection, including employees who did not work during the 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 those em- ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elections, to deter- mine in each unit whether or not they desire to be represented by United Electrical, Radio and Machine Workers of America, C. I. 0., for the purposes of collective bargaining. APPENDIX A Employee Clock Occupation Adams, Alhe-____________________ 34 Insulator Barnett, Edna ________-_ ____ 57 Blakly, Raymond_________________ 3 Core Presser Blanco, Rose------- -------- ------ 20 Coil Winder Bowman, Kathleen_______________ 52 Connector, Primary Brooks, Lavada__________________ 21 Sec. Inserter Brown, Mary--- ------- ---------- 83 Coil Inserter Carter, Elizabeth_________________ 43 Shaper Collins, Annie____________________ 76 Sec. Connector Cromwell, Clara__________________ 61 Primary Connect: t Dormio, Mabel ------- ------------ 28 Drake, Mary--------------- 36 Tester 364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Employee Clock Occupation Dyson, Louise____________________ 18 Tapper Edwards, Robert_________________ 58 Stock Boy Ellington, Alonzo_________________ 44 Baker Ellis, Clara---------------------- 69 Sec. Inserter Evans, Cora_____________________ 30 Winder (H) Fuller, Christine__________________ 7 Stockroom Gess, Dorine_____________________ 17 Field Core, Shaping Harrison, William________________ 49 Grinder Haynie,Inez--------------------- 55 Wedger Hoskins, Eva-------------------- 9 Assembler Johnson, Rmda___________________ 77 Baker Jones, Bernice-------------------- 48 Coil Winder Jones, Hattie_____________________ 73 Inserter Jones, Lulu______________________ 38 Assembler Kung, Eugene-------------------- 50 Special Winder Landmgham, Annie _ _ _ _ _ _ _ _ _ 2 Lead Cleaner Lcibovitz, Sarah ------ ------------ 14 Tester Lewis, Annie_____________________ 19 Tapper Mason, Grace__________________ - 47 Capping Miles, Ethel ---------------------- 13 Lamination Weigher Miles, Jessie---- ------ ----------- 4 Lead Solderer Moore, John_____________________ 23 Assembler Morris, Elmer-------------------- 25 Sec. Connector Mulkey, Annie___________________ 22 Solderer, Stringer Norman, Lehman_________________ 41 Coil Inserter Parsons, Gladys__________________ 8 Sec. Connector Richardson, Colantha_____________ 56 Machine Winder Riley, Dolhe_____________________ 62 Sec. Connector Robinson, Aurelia________________ 67 Coil Winder Saunders, Hattie_________________ 6 Lead Solderer Shanks, Callie____________________ 71 Connector Smith, Mamie-------------------- 46 Tapper Smith, Zerhne ------- ------------- 68 Solderer Snowden, Elizabeth- __.___________ 32 Pri. Presser Stacker, Margaret______________'__ 63 Undercutter Stone,John______________________ 205 Carpenter Storey, Leal______________________ 12 Pri. Winder Taylor, Cleola____________________ 33 Machine Winder Teresi, Angela____________________ 10 Balancer Wells, Ruth---------------------- 45 Pressing Field Coils White, Phillip ____________________ 16 Core Presser Wilhams, Gladys_________________ 40 Machine Winder Wimer, William___________________ 11 Grinder CONSOLIDATED ELECTRICAL PRODUCTS APPENDIX B 365 Employee Clock Occupation Anderson , Jessie____ ------------- 10 Assembler Barney , Clarence ----------------- 7 Shipping (Helper) Beasley, Annie _ _ _ _ _ _ 47 Assembler Bradpher , Mac ------- 11 Shipping ( Helper) Brown , Emma- -_-______-__-_-- 20 Bakei Bro-,,,n, Meaice_________ __________ 39 Slotter Bynum, Ruble ___________________ 18 Assembler Carter, Ehna_____________________ 19 Assembler Connolly, Susie -___ __ 73 Cleaner Cruce , Kenneth------------------ 24 Dr Press Davis , Charlie________ __________ _ 14 Shipping-Receiving , Spraying- Gen Work Ellison , Bennie- ---------- -------- 31 Dr. Press & Assembler Gage , Benneta ------------------ 8 Assembler Harris , Louise_ _ _______ _________----------- 6 Assembler Hennas, Anna_ -- 71 Assembler James , Carrie---- -------- -------- 17 Assembler Lawrence, Lillian _________________ 4 Assembler Lelcar, Emily-------------------- 58 Assembler Lewis, Erline - -------------------- 9 Shipping (Helper) McGehee, Melvin--------------- - 15 Assem & Dr. Press Mills, Alice__ ________ __ 97 Slotter Moormann , Anna----------------- 2 Inspector Novak, Sylvia ____________________ 91 Floor Inspector O«ens , Edna------------ -------- ,46 Floor Inspector Richardson , William -------------- 3 Assembler Rowe , Maudie____ _______________ 5 Assembler Skopik , Lillian ___________________ 206 Prod Clerk Strong , Nathaniel --------- ------- 25 Sprayer Suwalski, Frank------------------ 204 Electrician Thomas , Elizabeth ________________ 13 Assembler Trailor, Aline -------------------- 29 Assembler Trice, Annie__ ------------ ------ 28 Assembler Williamson, Lucille _______________ 74 Assembler Wright , Mandy __ _____--- 16 Assembler