Hudson American Corp.

National Labor Relations Board - Board Decisions

Dec 23, 1944

59 N.L.R.B. 1225 (N.L.R.B. 1944)

In the Matter of HUDSON AMERICAN CORPORATION and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, C. I. O.
Case No. 2-R-5095.-Decided December 03, 1944
Mr. Robert A. Levett, for the Board.
Mr. V. Henry Rothschild, 2nd, of New York City, for the Company.
Messrs. Lieder, Witt d Commer, by Mr. Abraham Levin, of New
York City, for the U. A. W.
Messrs. Frank Scheiner and Charles Rivers, of New York City, for
the UE.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Automo-
1ile, Aircraft & Agricultural Implement Workers of America, C. I. 0.,
`herein called the UAW, alleging that a question affecting commerce
had arisen concerning the representation of employees of Hudson
-American Corporation, New York City, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before James C. Batten, Trial Examiner. Said
hearing was held at New York City on November 20, 21, and 22, 1944.
The Company, the UAW, and United Electrical, Radio,& Machine
Workers of America, Local 430, C. I. 0., herein called the UE ap-
peared, participated, and 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 hear-
ing are free from prejudicial error and are hereby affirmed. All
parties were afforded full opportunity to file briefs with the Board.
On November 30, 1944, the Company filed with the Board a motion to
correct the record in certain respects. The Board duly notified the
UAW and the UE of the proposed corrections to the record. No ob-
jections to the proposed corrections having been filed within the time
59 N. L. R. B., No. 222.
1225
1226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
provided in the notice, the motion is hereby granted and the record is
corrected, accordingly. In a letter dated December 15, 1944, hereby
made a part of the record herein, the UE withdrew from this pro-
ceeding.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Hudson American Corporation is a New York corporation having its
principal offices and plants located in the Boroughs of Brooklyn and
Manhattan, New York City. It is engaged in the manufacture of
electronic equipment for the United States Signal Corps. During the
last year the Company purchased raw materials consisting chiefly of
quartz, crystal plates, material and plastic parts, valued in excess of
$1,000,000, of which approximately 66 percent was obtained from
points outside the State of New York. During the same period, the
Company manufactured finished products valued in excess of
$1,000,000 of which approximately 75 percent was shipped to points
outside-the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
If. THE QRGANIZATION INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize any labor organization as the
exclusive bargaining representative of its employees in the absence of
certification by the Board.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the UAW represents a sub-
stantial number of employees in the unit hereinafter found ap-
propriate.'
We find that a question affecting commerce has arisen concerning.
the representation of employees of the Company, within. the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
'The Field Examiner reported that the UAW submitted 461 designations containing
signatures of persons appearing upon a pay roll presented by the Company on October 18,'
1944 The record indicates that there are approximately 1,000 to 1,100 employees in the
alleged appropriate unit.
HUDSON AMERICAN CORPORATION
IV. THE APPROPRIATE UNIT
•1227
The UAW seeks a unit comprised of all employees of the Company,
including group leaders and employees possessing identical authority
(except chief handymen), but excluding electricians and electricians'
helpers employed by the Company at its 300 Pearl Street, Brooklyn,
New York, plant ,2 'office and plant clerical employees, external and
internal expediters, professional and technical employees, guards, the
medical staff, salesmen, executives, and supervisory employees of the
grade of foreman or over (including employees possessing identical
authority). The Company agrees generally with the UAW upon the
propriety of its proposed unit. However, since the UAW, subsequent
to the hearing, sought to exclude rather than include certain electri-
cians and electricians' helpers, the Company's position with respect to
these employees is not known. In addition, issues exist between the
Company and the UAW with respect to the status-of subforemen, chief
handyman, and technicians. The Company takes the position that
subforemen are supervisors within the meaning of the Board's custom-
ary definition, and takes no position with respect to the other two
classifications, whereas the UAW desires a Board determination re-
garding all three classifications.
Since electricians and electricians' helpers constitute an employee
group which frequently has been represented 'as a separate unit, and
since another labor organization has filed a representation proceeding
involving certain of these employees,3 we shall, in accordance with
the UAW's request exclude all electricians and electricians' helpers
engaged,at the Company's 300 Pearl Street, Brooklyn, plant.
Subforemen and employees having identical authority are in charge
of groups ranging from 8 to 40 employees. They have full authority
to make effective recommendations with respect to subordinates. In
view of these circumstances, we shall exclude them.
Chief handymen, according to uncontroverted testimony, possess
the same authority as group leaders. Chief handymen are in charge
of small groups of semi-skilled or unskilled labor. While they may be
consulted regarding their subordinates, their recommendations carry
little weight. These employees act as conduits for the transmission
of instructions, but do not have the authority to shift employees from
one operation to another. Changes in the status of employees are
originally authorized by foremen or subforemen, not by chief handy-
2 The UAW originally included electricians and helpers at this plant within its proposed
unit. However, by telegram dated, December 16, 1944, hereby made a part of the record
herein, the UAW withdrew all claim to these employees
8 On or about December 2, 1944, International Brotherhood of Electrical Workers, affili-
ated with the American Federation of Labor, filed a petition (Case No 2-R-5213) seeking,
to represent a unit of electricians and electricians' helpers at the 300 Pearl Street, Brooklyn,
plant of the Company.
1228 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD
men or group leaders, and employees having personal requests make
them of -the subforemen or persons of higher rank. Accordingly, we
shall include chief handymen.
The classification of technician is listed by the Company as a pro-
duction classification, and employees engaged therein are distinguished
by the Company from its professional and technical employees. Tech-
nicians are responsible for the maintenance of electrical, mechanical
and electronic equipment, and they test and calibrate various types of
radio instruments. They also perform inspection work on the above-
mentioned equipment, give instructions in its use, and assist in the
development of such equipment. They are skilled mechanics, receiving
wages approximately 25 percent higher than other production em-
ployees, but are not necessarily graduate engineers. They are hourly
paid workers who are supervised by production foremen, and they
perform their duties under the same conditions of employment as-
other production workers. We shall include them.
We find that all production and maintenance employees of the Com-
pany, including production technicians, group leaders and employees
possessing identical authority (including chief handymen), but ex-
cluding electricians and electricians' helpers employed by the Company
at its 300 Pearl Street, Brooklyn, New York, plant, office and plant.
clerical employees, external and internal expediters, professional and
technical employees, guards, medical staff, salesmen, executives, super-'
visors of the grade of subforemen and over (including employees pos-
sessing identical authority), and all other supervisory employees 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
We shall direct that the question concerning, representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set' forth in the
Direction 4
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
4The UAW. requested that it be designated upon the ballot as "UAW- CIO." This request,
is hereby granted.
HUDSON AMERICAN CORPORATION 1229
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-
tives for the purposes of collective bargaining with Hudson American
Corporation, New York City, 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 Second Region, acting in this matter as.
agent for the National Labor Relations Board, and subject to Articl'e-
III, Sections 10 and 11, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who-
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during-
the said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but exclud-
ing those employees 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 UAWV-CI&
for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.