Radio Corp. of America

National Labor Relations Board - Board DecisionsMar 21, 1946

66 N.L.R.B. 1014 (N.L.R.B. 1946)

In the Matter of RADIO CORPORATION OF AMERICA, RCA VICTOR DIVISION and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF- FEURS, WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL UNION 676, A. F. OF L. Case No. 4-R-1845.-Decided March 21,1946 Messrs. J. M. Clifford and Arnold K. Weber, of Camden, N. J., for the Company. Messrs. Albert K. Plone and Frank Weaver, of Camden , N. J., and Mr. John O'Neal , of Philadelphia , Pa., for the Teamsters. Mr. Louis H. Wilderman , of Philadelphia , Pa., and Mr. John Leto, of Camden , N. J., for the U. E. Mr. Joseph D. Manders , of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local Union 676, A. F. of L., herein called the Teamsters, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Radio Corporation of America, RCA Victor Division, Camden, New Jersey, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Herman Lazarus, Trial Examiner. The hear- ing was held at Philadelphia, Pennsylvania, on October 5 and 12, 1945. The Company, the Teamsters, and Local 103, United Electrical, Radio and Machine Workers of America, CIO,1 herein called the U. E., appeared and participated. The U. E. filed a separate motion to dismiss the petition on October 19, 1945. For reasons set forth in Section IV, infra, the motion is denied. All parties were afforded i At the hearing , after the Trial Examiner had granted the U. E 's motion to intervene, the Teamsters moved to strike the order granting this motion on the ground that the U. E. had no interest in the proceeding. The Trial Examiner referred the motion to the Board. Upon consideration of the facts , we find no merit in the Teamsters ' motion, and it is hereby denied. 66 N. L . R. B., No. 126. 1014 RADIO CORPORATION OF AMERICA 101S full opportunity to be heard, to examine and cross -examine wit- nesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Radio Corporation of America, a Delaware corporation, with its principal office in New York City, operates, through RCA Victor Division, its several plants located in five States. This proceeding involves solely the employees of the Company working in the Cam- den, New Jersey, plant, where it is engaged in the manufacture of radio, radar, and electronic equipment. The Company annually uses raw materials and component parts at its Camden plant, valued in excess of $20,000,000, of which approximately 70 percent is received from points outside the State of New Jersey. The Company annually produces finished products at this plant valued at approximately $50,000,000, of which approximately 90 percent is shipped to points outside the State of New Jersey. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act, and we so find. II. THE ORGANIZATIONS INVOLVED International Brotherhood of Teamsters, Chauffeurs, Warehouse- men & Helpers of America, Local Union 676, is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. Local 103, United Electrical, Radio & Machine Workers of Amer- ica, 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 has refused to grant recognition to the Teamsters as the exclusive bargaining representative of certain of its employees until the Teamsters has been certified by the Board in an appropriate unit. A statement of a Board agent , introduced into evidence at the hear- 1016 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing, indicates that the Teamsters represents a substantial number of employees in the unit hereinafter found appropriate .2 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. IV. THE APPROPRIATE UNIT; THE I)E'I'ERMIINATION OF REPRESENTATIVE'; The Teamsters requests a unit composed of all truck drivers, truck drivers' helpers,3 and garage mechanics employed by the Company at its Camden, New Jersey, plant.4 The U. E. opposes the creation of a separate unit for the transportation workers on the ground that its 8-year history of collective bargaining on the basis of a plant-wide unit, together with prior Board determinations involving these same employees , has established the inappropriateness of the requested unit. The Company takes a neutral position in this matter. Pursuant to Board proceedings in 1936' and 1939,6 collective bar- gaining in the Company's plant has been based upon a plant-wide unit which includes the transportation workers. The U. E. was selected by the Company's employees in each of the elections resulting from the above proceedings, and since 1937 has entered into a series of collective bargaining agreements with the Company, covering the plant-wide unit. Although the Teamsters was aware of these proceedings and failed to intervene, it, nevertheless, received from the U. E., through an agreement reached within the period from 1936 to 1938 , a substantial part of the prerogatives usually accorded a bar- gaining representative.' This agreement permits the Teamsters to enroll all truck drivers, truck drivers' helpers, and garage mechanics as members, collect dues from them, and to "represent" them on grievance matters.8 This agreement has never been changed or modified. 2 The Field Examiner reported that the Teamsters submitted an affidavit made out b' its secretary -treasurer , containing the names of 45 employees who were members in good standing as of August 20, 1945, 40 of which were listed on the Company' s pay roll of August 27 , 1945. There are approximately 41 employees in the proposed unit The U. E. relies upon its current contract as evidence of its interest. 8 These employees ride on trucks and assist in the loading and unloading of trucks. 4 Hereinafter , truck drivers , truck drivers ' helpers and garage mechanics are collec- tively referred to as "transportation workers " G See Matter of RCA Manufacturing Company , Inc, 2 N. L R B 159. (This com- pany is the same as the one involved in this proceeding ) 8 See Matter of RCA Manufacturing Company, Inc ., 16 N L. It. B 883 r This agreement was consummated at approximately the time the Regional Director for the Fourth Region dismissed a petition for a separate unit filed by the Teamsters. See Matter of RCA Manufacturing Company , Inc., 4 N. L It. B. 157. 8 The U. It. states that it agreed only to permit a representative of the Teamsters to be present when It handled grievance matters for the transportation workers. On the other hand , the Teamsters contends that the U E, in fact, granted it complete authority to represent its members on grievance matters Although the record is in conflict on this issue of fact , it does reveal that, in practice, the Teamsters did represent the trans- portation workers on grievance matters without the aid of or interference by the V. E RADIO CORPORATION ON' AMERICA 1017 Despite the agreement, the transportation workers have been in- cluded in the coverage of the U. E.'s contracts since 1937, and have participated in general wage increases and other benefits resulting from the bargaining of the industrial union. At no time since 1938, however, have the transportation workers relinquished their member- ship in the Teamsters.' Throughout this 7-year period all trans- portation workers employed by the Company's plant have maintained membership in the Teamsters and have paid dues only to that labor organization. This situation has existed notwithstanding a main- tenance-of-membership provision in all of the U. E.'s contracts and the utilization of a check-off system by the Company in 1943, 1944, and 1945. Moreover, there is nothing in the record which indicates that the transportation workers have actively participated in the business of the U. E. by serving as members of its negotiating com- mittees or grievance committees. Although the U. E. has discussed with the Company certain wage and working condition problems concerning transportation workers when other employees were also involved, the record discloses that the transportation workers have made little use of the grievance procedures established by the U. E.'s contracts. On the contrary, the transportation workers, through their shop steward or a Teamsters' representative, have discussed a sub- stantial number of grievances relating to wages and working conditions directly with the Company's warehouse foreman or super- intendent, although they have not taken up grievances with the higher representatives of management.10 Also, the Company has hired transportation workers through the Teamsters, and whenever truck drivers, truck drivers' helpers, or garage mechanics are hired in the open market by the Company, they immediately become members of the Teamsters. Upon consideration of the above facts, we are of the opinion that the transportation workers have not acquiesced in the bargaining upon the plant-wide basis to a degree sufficient to preclude their segregation as a craft unit. Despite the Teamsters' failure to inter- vene in the 1936 and 1939 Board proceedings, and the dismissal of its petition in 1938 by the Regional Director, it is apparent from the facts recited that the transportation workers have at all times since 1937 maintained their separate identity within the plant-wide unit and have consistently adhered to their craft union.11 Y In 1936, 16 out of 25 transportation workers were members of the Teamsters In 1937 , with the exception of 3 drivers who were members of the U. N ., all transportation workers were members of the Teamsters . The 3 drivers Joined the Teamsters in 1938. 201n 1940 discussions of this nature by the Teamsters resulted in a wage increase of 3 cents per hour for drivers and 1 cent per hour for truck drivers ' helpers. 11 See Matter of General Electric Company ( Lynn River Works and Everett Plant), 58 N. L . R. B. 57 ; Matter of Federal Telephone and Radio Corporation . 49 N. L. R. B. 938. 1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD There are approximately 40 transportation- workers at the Com- pany's Camden, New Jersey, plant. The truck drivers haul finished products from the Company's plant to the railway express office for ultimate delivery to the purchaser of the products.12 The truck drivers' helpers assist the truck drivers in the performance of their duties; the garage mechanics perform operations usually associated with their trade. It is apparent that the truck drivers, truck drivers' helpers, and garage mechanics comprise a skilled, homogeneous group with distinct functions and interests. Although their services are essential to the Company's business, we are of the opinion that their functions are not closely integrated with those of production em- ployees.13 We conclude that the facts of the case warrant affording the em- ployees an opportunity to pass upon a severance of the craft unit from the established production unit. The skilled nature of the work of the transportation workers and the maintenance of their separate identity since 1937 indicate that they could effectively function as a separate craft unit, or because of the history of collective bargaining upon a plant-wide basis, they could be included in the existing com- prehensive unit. Accordingly, before making a final determination with respect to the unit proposed by the Teamsters we shall first ascertain the desires of the employees themselves. We shall direct that an election by secret ballot be held among the employees in the voting group de- scribed below, who were employed during the pay-roll period imme- diately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction, to deter- mine whether they desire to be represented by International Brother- hood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local Union 676, A. F. of L., or, by Local 103, United Electrical, Radio & Machine Workers of America, CIO, or by neither.14 Upon the results of this election will depend, in part, our determination as to the appropriate unit. If a majority of these employees vote for the Teamsters, they will thereby have indicated their desire to constitute a separate appropriate unit. If a majority of these employees vote for the U. E., they will have thereby indicated their desire to remain a part of the plant-wide unit. v The truck drivers also haul a small quantity of component parts to the railway office for ultimate delivery to the Company 's other plants for assembly purposes . The Com- pany stated that in the future , truck drivers will devote approximately 50 percent of their time hauling component parts, but could not reveal with any degree of certainty when such hauling will commence. 18 Matter of Sutherland Paper Company, 55 N. L . R. B. 38. 1* In its brief, the Teamsters requests certification on the basis of the evidence of rep. resentation introduced into the record . However, the Board is of the opinion that the question of representation in this case can best be resolved by an election by secret ballot . See Matter of The Travelers Insurance Company, 65 N. L. R. B. 661. RADIO CORI'ORATIOc OP' AMERICA 1019 1. All truck drivers, truck drivers' helpers, and garage mechanics employed by the Company at its Camden, New Jersey, plant, exclud- ing all supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action. 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 Rela- tions 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 Radio Corpora- tion of America, RCA Victor Division, Camden New Jersey, an elec- tion 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 Fourth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among employees in the voting group de- scribed 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 said pay-roll period because they were ill or on vacation or temporarily laid off, and including em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding 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 they desire to be represented by International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local Union 676, A. F. of L., or by Local 103, United Electrical, Radio & Machine Workers of America, CIO, for the purposes of collective bargaining, or by neither.