General Controls Co.

National Labor Relations Board - Board DecisionsMar 7, 1946

66 N.L.R.B. 361 (N.L.R.B. 1946)

In the Matter Of GENERAL CONTROLS COMPANY and INTERNATIONAL ASSOCIATION OF MACIIINISTS, PRECISION LODGE 1600 Case No. 21-R-3097.-Decided March 7, 1946 Doyle and Clecak , by Mr . William P. Clecak, of San Francisco, Calif., for the Company. Mr. E. R. White, of Los Angeles , Calif., for the I. A. M. Mr. C. DeMontreville , of Los Angeles , Calif., and Mr. R. L. Hall, of Burbank , Calif., for the I. B. E. W. Miss Judy Dunks , of Los Angeles, Calif., for the U. E. Mr. Phil E. Thompson, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Association of Machin- ists, Precision Lodge 1600, herein called the I. A. M., alleging that a question affecting commerce had arisen concerning the represeiata- tion of employees of General Cpntrol^ Company, Glendale, Califor- nia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William T. Whitsett, Trial Examiner. Said hearing was held at Los Angeles, California, on December 12, 1945. The Tri41 Examiner, granted motions to intervene, filed by International Brotherhood of Electrical Workers, Local Union B-11, A. F. L., herein called the I. Ii. E. W., and United Electrical, Radio and Machine Workers, of America, C. I. 0., herein called the U. E. The Company, the I. A. M., the I. B. E. W., and the U. E. appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce, evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error, and are hereby affirmed. All parties were afforded an opportunity to, file briefs with the Board. , Upon the entire record in the case, the Board makes the following : 66 N. L. R. B., No. 45. 361 362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY General Controls Company is a California corporation engaged in the design, manufacture, and sale of automatic pressure and temper- ature flow controls for use in the heating and air-conditioning indus- tries, at its plant located in Glendale, California. During the year 1944, the Company purchased raw materials valued in excess of $500,000, of which approximately 75 percent was shipped from outside the State of California. During the same period , finished products were valued in excess of $1,000,000, of which approximately 55 per- cent was sold and shipped to purchasers outside the State of Cali- fornia. We find that the Company is engaged in commerce within the meaning of the Act. IL THE ORGANIZATIONS INVOLVED International Association of Machinists, Precision Lodge 1600, is a labor organization admitting to membership employees of the Company. International Brotherhood of Electrical Workers, Local Union B-11, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. 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 Company has refused to recognize the I. A. M., the U. E., or the I. B. E. W. as the collective bargaining representative of any of its employees. - A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the I. A. M. and the I. B. E. W. represent a substantial number of employees in the unit each alleges to be appro- priate." We find that a question affecting commerce has arisen concerning 'The Field Examiner reported that the I . A. M. submitted 166 membership authoriza- tions in an alleged appropriate unit consisting of 544 employees. The I . B. E. W. submitted two authorizations in an alleged appropriate unit consist- ing of three employees. The report also shows that the U . E. submitted 74 membership authorizations in the larger unit . Inasmuch as we are directing an election , we will allow the U. E. to go on. ballot although this showing of interest is insubstantial. GENERAL CONTROLS COMPANY 363 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 DETERMINATION OF REPRESENTATIVES The Company, the I. A. M., and the U. E. agree that all produc- tion and maintenance employees, excluding guards, office clericals,2 and all supervisory employees3 with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute an appro- priate unit. The I. B. E. W. seeks a unit confined to maintenance and construction electricians, their apprentices and helpers. The Com- pany and the U. E. oppose separation of these employees from the production and maintenance unit. The I. A. M. does not object to such separation if the Board finds its criteria for recognition of craft units is established. The evidence is clear that the construction and maintenance elec- tricians are a skilled, homogeneous, and functionally distinct craft group of employees, customarily represented by craft organizations for the purpose of collective bargaining. There is no collective bar- gaining history of these employees in any other unit. We are of the opinion that they may appropriately form a separate bargaining unit if they so desire. On the other hand, they may also function as part of the residual production and maintenance unit. We shall, therefore, make no final determination with respect to the appropriate unit or units pending the outcome of the elections hereinafter directed. We shall direct that separate elections by secret ballot be held among the employees in each of the voting groups set forth below, who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, 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, subject to the limitations and additions set forth in the Direction. 1. All employees of the Company classified as construction and maintenance electricians, their apprentices and helpers. 2. All remaining production and maintenance employees, excluding guards and office clericals. As indicated above, upon the results of the elections in the afore- 2 The Company, the I. A. M., and the U. E. agree that this exclusion should be con- fined to employees carried on the Company's regular "office clerical" pay roll. 3 The Company, the I. A. M., and the U. E. agree and we find that all leadmen and working leadmen , except for leadmen in the assembly department, are not supervisory employees and will be included . The record clearly indicates the latter are super- visory, and we shall , accordingly, exclude the leadmen in the assembly department. 0 364 DECISIONS OF s \ TONAL LABOR RELATIONS BOARD raeantioned , groups will depend, in part, our determination of the appropriate unit or gnits. DIRECTION OF ELECTIONS ,,By virtue of and pursuant to,,the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act and pursuant to Article III, Section, 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tiyes for the purposes of collective bargaining with. General Controls Company, Glendale, California, elections by secret ballot shall be con- ducted as early as ppsslble, but not,l tter than thirty (30) days from the date of this Direction of F,,lections, under the direction and super- vision of the Regional Director for the Twenty-first Region, acting as agent for the National Labor Relations; Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the groups of employees described below who were employed by the Company,;at its Glendale, California, plant during the pay-roll period immediat}Ply preceding the date of this Direction of Elections, in- cluding 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 any who have since gpit or been discharged for cause and have not been re- hired or reinstated prior to the,date of the elections. 1. The employees in the first voting group described in Section IV, above, to determine whether they desire to be represented by the International Brotherhood of Electrical Workers, Local Union B-11, A. F. L., or•by the International Association of Machinists, Precision Lodge 1600, or by the United Electrical, Radio and Machine Workers of America, UE CIO, for, the, ,purposes of collective bargaining, or by none. 2. The ,employees in the sepond voting ,group described in Section IV, above, to,determine whether, they desire to be represented by International Association of Machinists, Precision Lodge 1600, or by United Electrical, Radio and Machine Workers of America, C. I. 0., for the , purpose .of,collective bargaining, or by•neither. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Elections.