R. C. A. Communications, Inc.,

National Labor Relations Board - Board Decisions

Dec 2, 1938

10 N.L.R.B. 59 (N.L.R.B. 1938)

In the Matter of R. C. A . COMMUNICATIONS, INC., and AMERICAN
RADIO TELEGRAPHISTS ASSOCIATION and INDEPENDENT EMPLOYEES
ASSOCIATION OF R. C. A.-C.
In the Matter of R. C. A. COMMUNICATIONS, -INC. and AMERICAN
RADIO TELEGRAPHISTS ASSOCIATION
Cases Nos. R-747 and R-748, respectively
SUPPLEMENTAL DECISION
AND
AMENDED DIRECTION OF ELECTION
December 2, 1938
- On November 17, 1938, the National Labor Relation Board issued
its Decision and Direction of Election in the above-entitled proceed-
ing.) In its Decision, the Board found that all the employees of
R. C. A. Communications, Inc., excluding executives, managers, con-
fidential employees with the power to hire and discharge, constituted
a unit appropriate for the purposes of collective bargaining. In its
Direction of Election, the Board directed that an election by secret
ballot be conducted within twenty-five (25) days from the date
of the Direction among all the employees in the aforesaid unit who
were employed by the Company during the pay-roll period next
preceding the date of the Direction.
Thereafter there was transmitted to the Board a stipulation dated
November 26, 1938, signed by all parties, in which the parties stipu-
lated and agreed as follows :
That the National Labor Relations Board may, and it is
hereby requested to, amend its decision and direction of election
issued -in the above named proceeding on November 17, 1938,
so as to exclude not only supervisory employees with power to
hire and discharge but also supervisory employees with power
to recommend hiring and discharging; and temporary employees
whose employment commenced within six (6) months prior to
the payroll period next preceding the date of the direction of
election, and also amend its decision to direct that the election
19 N. L. R. B. 915.
10 N. L . R. B., No. 5. 59
60 NATIONAL LABOR RELATIONS BOARD
by secret ballot shall be conducted as soon as convenient and
beginning as promptly as is practicable after the date of the
direction.
That, subject to approval by the National Labor Relations
Board, the requested amendment to the order, if adopted, shall
apply as follows with respect to temporary employees : (a) the
election among all eligible temporary employees shall be con-
ducted by mail; and (b) the ballots of eligible temporary em-
ployees whose employment shall have terminated or who shall
have received written notice of termination of employment on
the date ballots are opened in the New York Regional Office
of the National Labor Relations Board, shall be excluded from
the ballots to be counted.'
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
AMENDED FINDINGS OF FACT
We find that all the employees of the Company, excluding execu-
tives, managers, confidential employees, supervisory employees with
the power to hire and discharge or with the power to recommend
hiring and discharging, and temporary employees whose employment
commenced within six months prior to the pay-roll period next pre-
ceding November 17, 1938, constitute a unit appropriate for the
purposes of collective bargaining and that said unit will insure to
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate the
policies of the Act.
Upon the basis of the above amended findings of fact and upon
the entire record .in the case, the Board makes the following :
AMENDED CONCLUSION OF LAW
All employees of the Company, excluding executives, managers,•
confidential employees, supervisory employees with the power to
hire and discharge or with the power to recommend hiring and
discharging, and temporary employees whose employment com-
menced within six months prior to the pay-roll period next preceding
November 17, 1938, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
AMENDED 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 Act, 49 Stat. 449, and pursuant to Article III, Section 8,
DECISIONS AND ORDERS 61
of National Labor Relations Board Rules and Regulations-Series
1, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with R. C. A.
Communications, Inc., an election by secret ballot shall be conducted
as soon as convenient and beginning as promptly as is practicable,
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 Article III, Section 9, of said
Rules and Regulations, with the balloting among all eligible tem-
porary employees and such other employees as the said Regional
Director deems advisable being conducted by mail, among all the
employees of the Company who were employed by the Company dur-
ing the pay-roll period next preceding November 17, 1938, exclud-
ing executives, managers, confidential employees, supervisory em-
ployees with the power to hire and discharge or with the power to
recommend hiring and discharging, and temporary employees whose
employment commenced within six months prior to the pay-roll
period next preceding November 17, 1938, and excluding also all
temporary employees whose employment shall have terminated or
who shall have received written notice of termination of employment
on the date the ballots are opened in the offices of the Board for
the Second Region, to determine whether they desire to be represented
by American Communications Association, affiliated with the Com-
mittee for Industrial Organization or by Independent Employees
Association, for the purposes of collective bargaining, or by neither.
[SAME TITLE
CERTIFICATION OF REPRESENTATIVES
January 17, 1939
On November 17, 1938, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled cases,
A Supplemental Decision and Amended Direction of Election was
issued on December 2, 1938. The Amended Direction of Election
provided that an election by secret ballot be conducted as soon as
convenient and beginning as promptly as practical, under the direc-
tion 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 Article III, Section 9, of said Rules and Regulations,
with the balloting among all eligible temporary employees and such
other employees as the said Regional Director deemed advisable be-
ing conducted by mail, among all the employees of R. C. A. Com-
munications, Inc., who were employed by the Company during the
62 NATIONAL LABOR RELATIONS BOARD
pay-roll period next preceding November 17, 1938, excluding execu•
tives, managers, confidential employees, supervisory employees with
the power to hire and discharge or with the power to recommend
hiring and discharging, and temporary employees whose employment
commenced within 6 months prior to the pay-roll period next preced-
ing November 17, 1938, and excluding also all temporary employees
whose employment had terminated or who had received written notice
of termination of employment on the date the ballots were opened
in the offices of the Board for the Second Region, to determine
whether they desired to be represented by American Communications
Association, affiliated with the Committee for Industrial Organiza-
tion, or by Independent Employees Association, for the purposes
of collective bargaining, or by neither.
Pursuant to the Amended Direction of Election, an election by
secret ballot was conducted under the direction and supervision of
the Regional Director for the Second Region (New York City). All
eligible employees, employed outside of New York City, were voted
by mail, and the dead-line set for the return of mailed ballots was
midnight, December 17, 1938. All eligible employees, employed in
New York City, were voted in person on December 12, 1938. All
ballots cast in the election were opened and counted on December
23, 1938.
On December 28, 1938, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, issued and duly served upon the
parties an Intermediate Report on the election. No objections or
exceptions to the Intermediate Report have been filed by any of
the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total Number Eligible to Vote___________________________ 1, 319
Total Number of Ballots Counted________________________ 1, 225
Total Number of Votes in favor of American Communications
Association, affiliated with C. I. O_______________________ 748
Independent Employees Association, RCA-C (IEA) ------ 449
Neither organization______ _____________________________ 28
Total Number of Blank Votes_____________________________ 0
Total Number of Void Ballots___________________________ 0
Total Number of Challenged Votes________________________ 0
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
1, as amended,
DECISIONS AND ORDERS 63
IT IS HEREBY CERTIFIED that American Communications Association,
affiliated with the Committee for Industrial Organization, has been
designated and selected by a majority of the employees of the R. C. A.
Communications, Inc., excluding executives, managers, confidential
employees, supervisory employees with the power to hire and dis-
charge or with the power to recommend hiring and discharging, and
temporary employees who have been employed for a period of 6
months, as their representative for the purpose of collective bar-
gaining, and that pursuant to Section 9 (a) of the Act, American
Communications Association, affiliated with the Committee for In-
dustrial Organization, is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of 'employment, and other conditions of employ-
ment.
10 N L. R. B. No. 5a.