General Electric Co.

National Labor Relations Board - Board Decisions

Sep 16, 1954

109 N.L.R.B. 1372 (N.L.R.B. 1954)

1372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
GENERAL ELECTRIC COMPANY and INTERNATIONAL UNION OF ELECTRI-
CAL RADIO & MACHINE WORKERS, CIO, AND LOCAL 463, PETITIONERS.
Case No. 92-RC-6664. September 16,1954
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National La-
bor Relations Act, a hearing was held before Louis A. Schneider, hear-
ing 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 certain em-
ployees of the Employer.
3. United Electrical, Radio & Machine Workers of America, here-
inafter referred to as the UE, was permitted to intervene, individually,
and on behalf of its Local 1227. The UE contends that its current
contract with the Employer is a bar to the instant proceeding. This
contract is a national agreement covering many operations of the
Employer as well as the operation involved herein. The Petitioner,
inter alia, contends that in view of the modification clause contained
in the current agreement and the timeliness of its petition, filed March
16, 1954, the contract may not operate as a bar. We agree. We find
it unnecessary, therefore, to consider other grounds urged by the Peti-
tioner for finding the contract ineffective as a bar.
The national agreement between the Employer and the UE provides
for automatic renewal, and has an anniversary date of April 1, 1955.
It contains the following modification clause :
Not more than 60 days and not less than 30 days prior to :
June 1, 1954, . . . either the Company or the Union may present
to the other notice of proposed modifications or additions to the
provisions hereof. Within 15 days after such notice is given, col-
lective bargaining negotiations shall commence for the purpose
of considering such modifications or additions. Failing agree-
ment thereon by June 1, 1954, . . . the Union and its UE Locals
shall have the right to strike, but the contract shall continue in
effect as provided in Article XXVI. However, in the event of such
strike, the Company may, at its option, terminate this Agreement
upon three days' written notice to the Union.
The Board has had before it recently, this same national agree-
ment as it applied to the Employer's operations at Schenectady, New
York, Newark, New Jersey, and Cincinnati, Ohio. For the reasons
109 NLRB No. 193.
SCOTT LUMBER COMPANY, INC. 1373
fully set out in its decisions involving those operations,' the Board
finds that the contract between the Employer and the UE is not a bar
to this proceeding.
Accordingly, we find that a question affecting commerce exists con-
cerning the representation of employees of the Employer within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The prior certification of the Intervenor in Case 2-RC-4634
(not reported in printed volumes of Board Decisions and Orders)
stated the unit as all hourly rated production and maintenance em-
ployees. The Employer and the Pettioner desire the. unit composition
stated as "all hourly rated production, maintenance and warehouse em-
ployees." It appears that the latter definition is a further clarifica-
tion of the former unit definition and includes the same employees.
Therefore, we find that all hourly rated production, maintenance, and
warehouse employees at the Employer's reconditioning shop located
at 21-02 44 Avenue, Long Island City, New York, including work-
ing leaders, but excluding salaried office and clerical employees, guards,
watchmen, professional employees, and supervisors as defined in the
Act, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication.]
MEMBERS MURDOCK and RODGERS took no part in the consideration
of the above Decision and Direction of Election.
'General Electric Company, 108 NLRB 1290; 108 NLRB 1294; 109 NLRB 747.
Member Peterson , although he concurred in the decisions in 108 NLRB No. 183 and 184
on other grounds , considered himself bound by the majority view in those cases.
SCOTT LUMBER COMPANY , INC. and INTERNATIONAL WOODWORKERS OF
AMERICA, LOCAL 13-269 , CIO. Case No . 2O-CA-835, September 17,
1954
Decision and Order
On January 8, 1954, Trial Examiner Martin S. Bennett issued his
Intermediate Report in this proceeding recommending that the com-
plaint be dismissed in its entirety, as set forth in the copy of the In-
termediate Report attached hereto. Thereafter, the General Counsel
filed exceptions to the Intermediate Report and a supporting brief.
The Respondent filed a brief in support of the Intermediate Report.
The Board has reviewed the rulings made by the Trial Examiner at
the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the General Counsel's exceptions and brief, the Re-
spondent's brief, and the entire record in the case, and hereby adopts
109 NLRB No. 196.