General Electric Co.

National Labor Relations Board - Board Decisions

Feb 20, 1947

72 N.L.R.B. 872 (N.L.R.B. 1947)

In the Matter of GENERAL ELECTRIC COMPANY, EMPLOYER and UNITED
ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA CIO),
PETITIONER
Case No. 20-R-193-3.-Decided February 20, 19417
Messrs. Andrew Yatslco and Lucian J. Jeuals , of Oakland, Calif.,
for the Employer.
Mr. John Bittman , of Oakland , Calif., for the Petitioner.
Mr. Thomas B. Sweeney , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at San
Francisco, California, on December 19, 1946, before Robert Tillman,
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 the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Geneial Electric Company, a New York corporation having its
principal office and place of business in Schenectady, New York, is
engaged in the manufacture and sale of electrical devices and equip-
ment and operates manufacturing plants, service shops, and ware-
houses in several States throughout the United States.
The operation involved in the instant proceeding is the Employer's
manufacturing plant located at San Jose, California, a branch of its
Oakland, California, works. During the 10-month period ending
October 31, 19461 the Employer purchased for use at its Oakland works
and San Jose branch, materials valued at approximately $3,800,000, of
which more than 90 percent was shipped to its Oakland works from
points outside the State of California. During the same period, the
Employer sold products manufactured at the aforesaid plants, having
72 N. L. It. B., No. 146.
872
GENERAL ELECTRIC COMPANY 873
a. value in excess of $3,400,000, of which approximately' 20 percent was
sold and shipped to points outside the State of California.
The Employer admits and we find that it is engaged in commerce
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
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer, contending
that the petition for certification has been prematurely filed. In sup-
port of its contention the Employer asserts that the personnel in the
unit hereinafter found to be appropriate is being increased and the
group presently employed should not be permitted to select a bar-
gaining agent for the larger group which will exist in June 1947.
In view of the following facts which the record discloses, we find
that the Employer's contention is without merit. The Employer
commenced hiring at its San Jose plant in the middle of July 1946, and,
as of December 19, 1946, the date of the hearing herein, had employed
71 persons. It expected to employ 100 workers by February 1. It is
anticipated that its full complement of 205 employees will have been
hired by June 1947. The plant is about 90 percent equipped. The
Employer is presently engaged in the production of single-phase
induction motors, such production being about 25 percent of the plant's
ultimate capacity. The plant, when operating at capacity, will produce
the same type of motor as is presently produced.
Since the present complement of employees is admittedly a group
which is representative of the full complement, we are of the opinion
that an election at the present time is appropriate.
We shall, however, entertain a new petition for investigation and
certification of representatives covering the employees involved herein
within less than a year, but not before the expiration of 6 months from
the date of any certification we may issue in the instant proceeding,
upon proof (1) that the number of employees in the appropriate unit
is more than double the number eligible to vote in the election herein-
' Matter of Tuttle Silver Company, Inc , 66 N. L. R B. 238 , Matter of Adler Metal
Products Corp ., 67 N. L. R. B 328 ; Mattes of Firestone Tip e & Rubber Compa ny, 69
N L R. B. 634; Matter of Holeproof Hosiery Company , 67 N. L. R. B. 1397.
874 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
after directed; and (2) that the Petitioner represents a substantial
number of employees in the expanded appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
production and maintenance employees of the Employer at its San
Jose, California, plant, including warehouse employees, but excluding
office clerical employees, technical employees, and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, 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
On February 11, 1947, International Association of Machinists,
herein called the I. A. M., filed a motion to intervene, desiring to
participate in any election which the Board might direct in this pro-
ceeding. In support of its motion, the I. A. M. submitted certain
authorization cards purporting to bear the names of employees in
the unit herein found appropriate. Since these cards are all dated
subsequent to the day of the hearing on the instant petition, the
motion is denied.2
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot, subject to the
limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with General Electric Company, San
Jose, California, 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, under the direction and supervision of the Regional
Director for the Twentieth 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 unit found ap-
propriate in Section IV, above, who were employed during the pay-
2 Matter of The United Boat Service Corpooation, 55 N. L R. B 671, 675.
1
GENERAL ELECTRIC COMPANY 875
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 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 election, to
determine whether or not they desire to be represented by United
Electrical, Radio and Machine Workers of America (CIO), for the
purposes of collective bargaining.