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

National Labor Relations Board - Board Decisions

Mar 26, 1940

21 N.L.R.B. 1081 (N.L.R.B. 1940)

In the Matter of R. C. A. MANUFACTURING COMPANY, INC. and
UNITED ELECTRICAL, RADIO, AND MACHINE WORKERS OF AMERICA,
LOCAL 103
Case No. B-1753.-Decided March 26, 1940
Radio and Sound P?oducts Manufacturing Industry-Investidatton of Repre-
sentatives : stipulations between Company, petitioning union, and representative
of Board as to business of the Company, question concerning representation,
and appropriate unit; stipulation between Company and petitioning union as
to determination of representatives-Certification of Representatives: upon
proof of majority representation.
Mr. Samuel G. Zack, attorney for the Board.
Mr. Lawrence B. Morris, of Camden, N. J., for the Company.
Mr. -Joseph G. Mitton, of Camden, N. J., and Mr. Saul C. Wald-
baum, of Philadelphia, Pa., for the Union.
Mr. Bernard W. Freund, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On February 26, 1940, United Electrical, Radio, and Machine
Workers of America, Local 103, herein called the Union, filed with
the Regional Director for the Fourth Region (Philadelphia, Penn-
sylvania) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of R. C. A. Manu-
facturing Company, Inc., Camden, New Jersey, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On February 29, 1940, the
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
21 N. L. R. B., No. 106.
1091
1082 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On March 1, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Before any hearing was held, the Company and the Union, on
March 1, 1940, entered into an agreement, pursuant to which the
Regional Director, on March 5, 1940, issued a report. Thereafter,
before any hearing was held, the Company, the Union, and the
Board's attorney, on March 5, 1940, entered into a stipulation, herein-
after set forth, in which the said agreement and the said report were,
incorporated as exhibits, and on March 6, 1940, entered into a supple-
mental stipulation and agreement, also hereinafter set forth.
The afore-mentioned stipulation entered into on March 5, 1940,
including the exhibits incorporated therein, provided as follows :
It is hereby stipulated by and between the R. C. A. Manu-
facturing Company, Inc., herein called the Company; United
Electrical, Radio, and Machine Workers of America, Local 103,
herein called the Union; and Samuel G. Zack, Regional Attorney
for the National Labor Relations Board, that:
1. Upon a petition duly filed by the Union on February 26;1940,
with the Regional Director for the Fourth Region (Philadel-
phia, Pennsylvania), alleging that a question affecting com-
merce has arisen concerning the representation of employees of
the Company and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act, the
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3,
of National Labor Relations Board Rules and Regulations, Series
2, as amended, ordered on February 29, 1940, an investigation and
authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice. The Regional
Director, on March 1, 1940, issued a Notice of Hearing, copies
of which were duly served on the Company and upon the Union.
2. The R. C. A. Manufacturing Company, Inc., is engaged at
its Camden, New Jersey, plant, in the manufacture and distri-
bution of radio and sound transmission and receiving products.
In the course of its operations at the Camden plant, the Com-
pany purchases and has transported from States other than New
Jersey large quantities of materials, such as rubber, steel, glass,
lumber, copper, aluminum, durielium, porcelain, magnesium,
tungsten, celluloid, painlts, mica, iron, and other goods. It
maintains sales and service branches, and distributing points
throughout the United States and in foreign countries for the
purpose of selling, distributing, and servicing the products man-
ufactured at Camden. Certain parts and equipment assembled
R. C. A. MANUFACTURING COMPANY, INC. 1083
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 assembled with other parts and equipment into fin-
ished products which are thereafter distributed among the sev-
eral States and in foreign countries. A substantial number of
the employees at the Camden plant are employed in the ship-
ping department of the Company and are engaged in the prep-
aration and packing of the products for shipment and the actual
shipping of products. Another substantial group of employees
are engaged in the servicing and installing of the products of
the Company throughout the United States.
3. The Company is engaged in interstate commerce within the
meaning of the Act, the decisions of the Board, and the decisions
of the Supreme Court of the United States.
4. United Electrical, Radio, and Machine Workers of America,
Local 103, is a labor organization within the meaning of Section
2 of the Act.
5. The employees of the Company engaged in the lunch club
section known as Section L. C. 92, excluding managerial, super-
visory, and clerical employees, constitute a unit appropriate for
the purposes of collective bargaining, and the said unit will
insure such employees of the Company the full benefit of their
right to self-organization and to collective bargaining, and other-
wise effectuate the policies of the Act.
6. A question of representation affecting commerce within the
meaning of the Act has arisen in that the Company refuses to
recognize the Union as the representative of its employees in the
unit set forth in paragraph 5 above, until the Board has duly
certified that the said unit is an appropriate unit and that the
said Union is the proper representative of the employees in such
unit.
7. The taking of testimony or evidence by the Board pursuant
to the Act, are hereby expressly waived.
8. Appendices "A" and "B" attached hereto are incorporated
into this stipulation by reference and are to be considered as a
part hereof.
9. This stipulation, together with the petition, order directing
investigation and hearing, notice of hearing, Appendices "A"
and "B," and Rules and Regulations of the National Labor-Rela-
tions Board, Series 2, as amended, may be introduced as evidence
.by filing them with the Chief Trial Examiner of the Board at
Washington, D. C.
1084 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
10. This stipulation, together with the papers recited in para-
graph 9 above, shall constitute the record in this case, and this
stipulation and Appendices "A" and "B" shall constitute compe-
tent evidence in the said case; and on the basis thereof the Board
may make its certification or other disposition of the case, pur-
suant to Section 9 (c) of the Act.
11. This stipulation is subject to the approval of the Board.
12. This stipulation contains the entire agreement of the- par-
ties; and there is no verbal agreement of any kind which varies,
alters, or adds to this stipulation.
EXHIBIT
"A"
It is hereby agreed between the R. C. A. Manufacturing Com-
pany, Inc., hereinafter called the Company, and the United
Electrical, Radio, and Machine Workers of America, Local 103,
hereinafter called the Union, that the Company will submit to
the Regional Director of the National Labor Relations Board for
the Fourth Region, within 5 days, the pay roll for the Company
as of the week beginning February 26, 1940, including those
temporarily absent for illness or other cause, and excluding all
who have since voluntarily quit or who have been discharged for
cause, applying to the classifications of employees mentioned
below, and the Union will furnish application forms, roster of
membership, receipt for dues, or other satisfactory evidence as
to membership of the employees mentioned below in the said
Union for the purpose of determining by the said Regional Direc-
tor whether the said Union is the legal representative of a
majority of the employees in the unit consisting of all employees
of the Company engaged in the lunch club section known as
Section L. C. 92, excluding managerial, supervisory; and clerical
employees.
It is agreed that the report of the Regional Director of his
check of the records, referred to above, shall be considered by
the Board as evidence to determine whether or not said employees
desire to be represented by the United Electrical, Radio, and
Machine Workers of America, Local 103, for the purposes of
collective bargaining.
It is agreed that the report of the Regional Director of his
his report find that the Union has been designated by a ma-
jority of the employees in the unit above described as their
representative for the purposes of collective bargaining, then
the parties are desirous that the Board shall, on the basis of
such report, certify the Union as the exclusive representative
R. C. A. MANUFACTURING COMPANY, INC. 1085
of all such employees for the purpose of collective bargaining
in respect to rates of pay, wages, hours of employment, and
other conditions of employment.
R. C. A. MANUFACTURING COMPANY, INC.)
by s/ LAWRENCE B. MORRIS,
Vice President.
UNITED ELECTRICAL , RADIO, AND MACHINE
WORKERS OF AMERICA, LOCAL 103,
By s/ JOSEPH G. MI'rTON,
President.
Witness :
s/ SAMUEL G. ZACK.
Dated : March 1, 1940.
EXHIBIT "B"
REPORT OF CHECK OF RECORDS
By virtue of and pursuant to an agreement entered into be-
tween the R. C. A. Manufacturing Company, Inc., and United
Electrical, Radio, and Machine Workers of America, Local 103,
I hereby report that a check of the Company pay roll and the
Union membership cards was made on March 5, 1940.
The check indicated that 37 out of 50 employees in the lunch
club section, known as Section L. C. 92, exclusive of managerial,
supervisory, and clerical employees, had designated the Union
as their collective bargaining representative.
s/ BENNET F. SCHAUFFLER
Bennet F. Schauffler,
Regional Director, Fourth. Region, National Labor
Relations Board, Philadelphia, Pennsylrvainia.
Date : March 5, 1940.
The afore-mentioned supplemental stipulation and agreement
entered into on March 6, 1940, provided as follows :
It is hereby stipulated and agreed by and between the R. C. A.
Manufacturing Company, Inc., herein called the Company;
United Electrical, Radio, and Machine Workers of America,
Local 103, herein called the Union; and Samuel G. Zack,
Regional Attorney for the National Labor Relations Board,
that:
1. The above case and the stipulation entered into between
the above named parties in connection therewith which stipula-
tion is dated March 5, 1940, is, and shall be, limited to the
1086 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees of the R. C. A. Manufacturing Company, Inc. en-
gaged in the lunch club section known as Section L. C. 92 at
the Company's Camden, New Jersey, plant.
2. That in said case and in the stipulations and proceedings in
connection therewith, wherever the Company or the appropriate
unit for purposes of collective bargaining is referred to they
shall be limited to the operations of the Camden, New Jersey,
plant of the R. C. A. Manufacturing Company, Inc.
On March 9, 1940, the Board issued its order approving the above
stipulation and supplemental stipulation and agreement, making them
a part of the record in the case, and, pursuant to Article III, Sec-
tion 10, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, transferring the case to and continuing it before
the Board.
Upon the basis of the above stipulation and supplemental stipula-
tion and agreement, and the entire record in the case, the Board
makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The R. C. A. Manufacturing Company, Inc., is engaged at its
Camden, New Jersey, plant, with which the present proceeding is
concerned, 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 rubber, steel, glass, lumber, copper, aluminum, durielium, porcelain,
magnesium, tungsten, celluloid, paints, mica, iron, and other goods.
It maintains sales and servicing branches and distributing points
throughout the United States and in foreign countries for the pur-
pose of selling, distributing, and servicing 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 are there assembled with other
parts and equipment into finished products, which are thereafter dis-
tributed among the several States and in foreign countries. A sub-
stantial number of the employees at the Camden plant are employed
in the shipping department of the Company and are engaged in the
preparation and packing of the products for shipment and actual
shipping of products. Another substantial group of employees is
engaged in the servicing and installing of the products of the Com-
pany throughout the United States.
R. C. A. MANUFACTURING COMPANY, INC. 1087
II. THE ORGANIZATION INVOLVED
United Electrical, Radio, and Machine Workers of America, Local
103, is a labor organization.'
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the representative
of its employees in the unit set forth in Section V below, until the
Board has certified that the said unit is an appropriate unit and that
the Union is the proper representative of the employees in such unit.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
with foreign countries, and tends to lead to labor disputes burdening
and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
We find that the employees of the Company engaged in the lunch
club section known as Section L. C. 92, at the Company's Camden,
New Jersey, plant, excluding managerial, supervisory, and clerical
employees, constitute a unit appropriate for the purposes of collective
bargaining, and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to collec-
tive bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the Union has been designated by a majority of the
employees in the above-described appropriate unit as their represen-
tative for the purposes of collective bargaining.
Upon the basis of the above findings of facts, the above stipulation
and supplemental stipulation and agreement, and the entire record
in the case, the Board makes the following :
1 The Union is affiliated with the Congress of Industrial Organizations . Matter of
R. C. A. Manufacturing Company, Inc. and International Brotherhood of Electrical Work-
ers B-957, 16 N. L. R. B. 883.
1088 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of R. C. A. Manufacturing Company, Inc.,
Camden, New Jersey, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. The employees of the Company engaged in the lunch club section
known as Section L. C. 92, at the Company's Camden, New Jersey,
plant, excluding managerial, supervisory, and clerical employees, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. United Electrical, Radio, and Machine Workers of America,
Local 103, is the exclusive representative of all the employees in' such
unit for the purposes of collective bargaining, within the meaning of
Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that United Electrical, Radio, and Machine
Workers of America, Local 103, has been designated and selected
by a majority of the employees of the R. C. A. Manufacturing Com-
pany, Inc., engaged in the lunch club section known as Section L. C:
92, at the Company's Camden, New Jersey, plant, excluding mana-
gerial, supervisory, and clerical employees, as their representative
for the purposes of collective bargaining, and that, pursuant to the
provisions of Section 9 (a) of the Act, the United Electrical, Radio,
and Machine Workers of America, Local 103, is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing in respect to rates of pay, wages, hours of employment, and other
conditions of employment.