R. C. A. Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Jul 18, 1939

13 N.L.R.B. 667 (N.L.R.B. 1939)

In the Matter of R. C. A. MANUFACTURING CO., INC.' and PATTERN
MAKERS' ASSOCIATION OF PHILADELPHIA AND VICINITY
Case No. R-1156.-Decided July 18, 1939
Radio and Sound Products Manufacturing Industry-Investigahon of Rep-
resentatives : controversy concerning representation of employees : rival or-
ganizations ; controversy as to appropriate bargaining unit-Unit Appropriate
for Collective Bargaining : unit composed of all "pattern makers" in the pattern
shop as requested by petitioner inappropriate since most of the time spent by
these employees is on work such as is done by employees not within the
requested unit-Order: dismissing amended petition
Mr. Jack Davis, for the Board.
Mr. R. R. Kane, of Camden, N. J., for the Company.
Mr. George Q. Lynch, of Washington, D. C., for the Association.
Mr. Saul C. TF,aldbaum, of Philadelphia, Pa., and Mr. James J.
Matles, of New York City, for the United
Mr. Wallace Cooper, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On August 27, 1938, Pattern Makers' Association of Philadelphia
and Vicinity, herein called the Association, filed with the Regional
Director for the Fourth Region (Philadelphia, Pennsylvania) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of R. C. A. Manufacturing
Co., Inc.,2 Camden, New Jersey, herein called the Company, and re-
questing an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On September 12, 1938, the National
Labor Relations Board, herein called the Board, acting pursuant to
'The petition of August 27, 1938, referred to the Company as "Radio Corporation of
America ," but an amended petition was filed at the beginning of the hearing to substitute
therefor the name "R C. A. Manufacturing Co, Inc " and to change the description of
the bargaining unit claimed as appropriate All parties participating in the hearing
consented to such amendment
2 See footnote 1, supra
13N L.R B,No 75
667
668 DECISIONS OF NATTONAL LABOR RELATIONS BOARD
Section 9 {c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
On November 23, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the Association, and upon the United Electrical, Radio & Machine
Workers of America, Local No. 103, herein called the United, a labor
organization claiming to represent employees directly affected by
the investigation.
Pursuant to the notice, a hearing was held on December 19, 1938,
at Philadelphia, Pennsylvania, before William Seagle, the Trial Ex-
aminer duly designated by the Board. The Board, the Company,
the Association, and the United were represented by counsel and par-
ticipated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues was afforded all parties. During the course of the hearing,
the Trial Examiner made several rulings on motions and on objec-
tions to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
were committed.
After the hearing, the United filed a brief which has been con-
sidered by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY 3
The R. C. A. Manufacturing Company, Inc., is engaged at its
Camden, New Jersey, plant in the manufacture and distribution of
radio and sound transmission and receiving products. In the course
of its operations at the Camden plant, the Company purchases and
has transported from States other than New Jersey large quantities
of materials, such as steel, rubber, glass, lumber, copper, aluminum,
duralumin, porcelain, magnesium, tungsten, celluloid, paints, mica,
iron, and other goods. It maintains sales and service branches and
distribution points throughout the United States and in foreign
countries for the purpose of selling, distributing, and servicing the
products manufactured at Camden. Certain parts and equipment
assembled and produced at Camden are transported by the Company
to other plants, assembly points, and distribution centers, owned by
the Company and located in States other than New Jersey, and there
3 The facts set forth in this section were stipulated to by the parties.
R. C. A. MANUFACTURING COMPANY, INCORPORATED 669
assembled with other parts and equipment into finished products
which are thereafter distributed among the several States and in
foreign countries. A substantial number of the employees at the
Camden plant are employed in the shipping department of the Com-
pany and are engaged in the preparation and packing of the products
for shipment and the actual shipping of the products. Another sub-
stantial group of employees are engaged in the servicing and in-
stalling of the products of the Company throughout the United
States.
II. THE ORGANIZATIONS INVOLVED
Pattern Makers' Association of Philadelphia and Vicinity is a labor
organization affiliated with the Pattern Makers' League of North
America, which in turn is affiliated with the American Federation
of Labor, admitting to its membership pattern makers and pattern
makers' apprentices.
United Electrical, Radio R Machine Workers of America, Local
No. 103, is a labor organization affiliated with the Congress of In-
dustrial Organizations, admitting to its membership the hourly paid
employees in the production department, the model-making shop
(Division No. 77) in the engineering department, and the office
service division (Division No. 03) of the Camden plant of the Com-
pany, excluding all supervisory employees down through and includ-
ing working group leaders, all clerical employees wherever located,
all lunch-club section employees, process engineers, watchmen, and
guards.
III. TILE APPROPRIATE UNIT
In its amended petition, the Association alleges that all pattern
makers employed by the Company at its Camden plant constitute an
appropriate unit and that the Company employs 20 such persons.
The position taken by the Association at the hearing showed that
it intended all persons assigned to work in the pattern shop and
listed on the Company's pay roll as "pattern makers" to constitute the
unit described in its amended petition. The United contends that the
employees which the Association would include in the aforesaid unit
are not in fact pattern makers and that they spend a major portion
of their time on work other than pattern making. It further contends
that such employees are included within the scope of a unit with
respect to which the Board certified the United as exclusive bar-
gaining representative on November 7, 1937, and are covered by an
exclusive bargaining contract made by the United and the Company
on October 7, 1937.
The production activities of the Camden plant are performed in
5 main buildings, one of which is given over in its entirety to the
670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manufacture of woodwork. The first five floors of this building are
devoted to mass production operations and the sixth or top floor is
given over to the operations of a "model shop", a "form shop", and
a "pattern shop." All of the operations in the building are under
a general superintendent, although there is a supervisor under him
solely in charge of the pattern shop. These three shops on the sixth
floor are engaged in woodworking activities preliminary to mass
production operations. The model shop builds model cabinets before
a new line of cabinets is introduced to the trade; the form shop makes
wooden tools, fixtures, jigs, etc.; and a primary function of the pat-
tern shop is the making of wooden patterns for the subsequent casting
of metal parts going into a new line of merchandise.
There is not enough pattern work to keep the pattern-shop em-
ployees steadily engaged in such work. When there is insufficient
pattern work for an employee in the pattern shop, such employee is
assigned to work such as is done by the employees in the model shop
and the form shop. During the period from January to September
1938, inclusive, the 17 employees who were working in the pattern
shop at the time of the hearing devoted only approximately 16,per
cent of their aggregate time to pattern work and 2 of the 17 em-
ployees performed approximately 47 per cent of the entire pattern
work done during such period. Only two of the employees in the
pattern shop spent more than 50 per cent of their time during the
period on pattern work. The third ranking employee in this regard
spent approximately 25 per cent of his time on pattern work. Two
of the employees engaged in no pattern work during the period and
two other employees spent an aggregate of only 30 hours on pattern
work. The period of time considered above was inclusive of the
peak period in pattern work which extends from February through
April of each year.
We think it clear from the facts set forth above that practically
all the employees which the Association desires to constitute a bar-
gaining unit are engaged most of their time in work other than pat-
tern making and in work such as is done by employees who, under
the Association's claim, would not be included in the bargaining
unit. Under such circumstances, we find that the unit sought by
the Association is not appropriate for the purposes of collective
bargaining.
IV. THE QUESTION CONCERNING REPRESENTATION
We have found in Section III above that the unit which the Asso-
ciation, the petitioner, seeks is not appropriate for the purposes of
collective bargaining. No claim was presented at the hearing relative
R. C. A. MANUFACTURING COMPANY, INCORPORATED 671
to any other unit. We find, therefore , that no question has arisen
concerning the representation of employees of the Company at its
Camden plant in an appropriate bargaining unit.4
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
No question concerning the representation of employees of R. C. A.
Manufacturing Co., Inc., Camden, New Jersey, in a unit which is
appropriate for the purposes of collective bargaining has arisen
within the meaning of Section 9 (c) of the National Labor Relations
Act.
ORDER
Upon the basis of the foregoing findings of fact and conclusion
of law, the National Labor Relations Board hereby dismisses the
Amended Petition for Investigation and Certification filed by the
Pattern Makers' Association of Philadelphia and Vicinity.
A See Matter of American Woolen Company, Nat'l and Provtdenoe Mills and Independent
Textile Union of Olneyville, 5 N. L. R . B. 144; Matter of Standard Oil Company of
California and Osl Workers International Union, Local 299, 5 N. L. R. B . 750; Matter of
Columbia Broadcasting System, Inc. and American Radio Telegraphists Association,
6 N. L. R . B. 188.