Radio Receptor Co. Inc.

National Labor Relations Board - Board Decisions

Nov 5, 1942

45 N.L.R.B. 402 (N.L.R.B. 1942)

In the Matter of RADIO RECEPTOR COMPANY INC. and LOCAL 430 OF THE
UNITED ELECTRICAL RADIO & MACHINE WORKERS OF AMERICA,
C. I. O.
Case No. R-4347.-Decided November 5, 1940
Jurisdiction : radio equipment manufacturing industry.
Investigation and Certification of, Representatives : existence' of, question : re-
fusal to accord petitioner recognition; laid-off employees held eligible to vote;
election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including employees of the shipping department and the partograph
operator, but excluding supervisory and clerical employees, engineers, lab-
oratory assistants, draftsmen, and guards.
Mr. Cyril W. O'Gorman, for the Board.
Mr. Isidor Seidler, of New York City, for the Company.
Mr. Frank Scheirer, by Miss Mildred Roth and Mr. Frank Sullivan,
of New York City, for Local 430.
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 430 of the United Electrical Radio
& Machine Workers of America, C. I. 0., herein called Local 430,
alleging that a question affecting commerce had, arisen concerning the
representation of employees of Radio Receptor Company Inc., New
York City, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Samuel Edes, Trial Examiner. Said hearing was held at New York
City on October 1, 1942. The Company and Local 430 appeared, par-
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues. Notice of hearing was sent to and received by the International
Brotherhood of Electrical Workers, Local B-1010, A. F. of L., herein
called the I. B. E. W., but no appearance was entered in its behalf.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
45 N. L. R B, No. 61.
402
RADIO RECEPTOR COMPANY INC. 403
Upon the entire record in the case , the Board makes the following : ,
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Radio Receptor Company Inc., a New York corporation having its
principal office and place of business in New York City, is engaged
in the manufacture, sale, and distribution of radio equipment and allied
products. The principal raw materials used by the Company are
copper, wire, steel, aluminum, and various radio parts and tubes. Dur-
ing the, 42-month, period preceding October 1, 19,42;<.the Company
purchased raw materials valued in excess of $60,000, approximately
20 percent of which was shipped to its New York City plant from
points outside the State of New York. During the same period, the
Company produced finished products valued in excess of $600,000,
approximately 20 percent of which was shipped to points outside the
State of New York.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local 430 of. the United Electrical Radio & Machine Workers of
America is a labor,organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the Com-
pany.
International Brotherhood of Electrical Workers, Local B-1010, is
a labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE "QUESTION CONCERNING REPRESENTATION
In April .1942, Local 430 began pan organizational drive among the
employees of the Company. In July 1942, a representative of Local
430 informed the Company that it represented a majority of the pro-
duction and maintenance employees and requested recognition as their
exclusive bargaining agent. The Company refused this request with-
out proof by Local 430 of its majority status.
A statement of the Regional Director introduced in evidence at the
hearing shows that Local 430 and the I. B. E. W. represent a substan-
tial number of employees in the unit hereinafter found appropriate.'
' The Regional Director stated that Local 430 submitted 57 application-for-membership
cards, bearing dates from March to August 1942, and apparently genuine, original signa-
tures. 'All of these signatures are the"names of employees in the alleged appropriate unit,
whose names appear on the Company's pay roll of August 28, 1942. In addition, Local
430 submitted 21 membership cards bearing the signatures of persons whose names do not
404 'D.ECISIONS OF NATIONAL "LABOR RELATIONS BOARD
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
Local' 430 seeks to establish a unit'of production and maintenance
employees, including employees of the shipping department, but
excluding supervisory and -clerical employees, engineers, laboratory
assistants (or technicians), draftsmen, the partograph operator, and
watchmen (or guards). Local 430 also desires to exclude Max Schor
and Peter Bascionelli, who are listed by the Company among the pro-
duction employees, and L. J. Montenero, who is listed by the Company
among the employees of the shipping department, on the ground that
these three employees are supervisors.
The Company maintains that the appropriate unit should embrace
all production employees including the partograph operator, but ex-
eluding supervisory and clerical employees, shipping and maintenance
employees, watchmen, engineers, laboratory assistants, and draftsmen.
In the alternative, the Company contends that the unit should include
all production and maintenance employees, employees of the shipping
department, engineers, laboratory assistants, draftsmen, the parto-
graph operator, and the watchmen, but should exclude supervisory and
clerical' employees. The, Company maintains that Schor and Bascio-
nelli should be treated as production employees and Montenero as a
shipping department employee, and disputes the statement of Local
430 that these three employees are supervisors.
Although- the I: B. E. W. did not appear, the Board's attorney,
stated at the hearing that the I. B. E. W. had represented to agents
of the Board that it agreed with the unit claimed by Local 430, except
that it desired the exclusion of the shipping department employees.
The production employees are engaged in the manufacture, building,
and assembly of radio equipment. The porters are employed as
maintenance workers to sweep and clean the plant, and are paid at
approximately the same hourly'rate as the-production employees. We
shall include both groups in the bargaining unit.
The engineers and draftsmen are highly skilled employees, the
former designing dnd overseeing the construction and testing of equip-
ment, the latter drawing and putting into blueprint the plans designed
appear on the Company 's pay roll of August 28, 1042 , There are 103 employees in the
unit claimed by Local 430. The I. B E. W. submitted 31 undated authorization cards,
17-of which bore the apparently genuine, original signatures of employees on the Com-
pany's pay roll of August 28. The remaining 14 bore hand-printed names of employees on
that pay roll . In addition , the I B. E. W. submitted 5 cards bearing the names of indi-
viduals who do not appear on that pay roll . As far as can be determined , there are 100
employees in the unit sought by the I. B. E. W.
RADIO RECEPTOR , COMPANY INC . 405
by the engineers. The laboratory assistants, hired on the basis of
mechanical aptitude, assist the engineers by making wood and metal
models of newly designed equipment, and by testing the finished
products.-All-three groups are paid on a salary basis, report to.work
later and, leave earlier than production -employees, and are, directly
responsible- to--the.chief engineer. In light of these, facts,:'we•,shall
exclude them from the unit.
The watchmen (or guards) are a recent addition to the plant, having
been hired at the instance of the United States Army to guard the plant
against sabotage. They are uniformed and under military oath. We
shall exclude them from the unit.
The shipping department employees receive raw materials and parts
for use in production, and crate and pack the finished products for
shipment. These employees are paid on an hourly basis at the same
rate as production employees, work the same schedule of hours per
week, and have the same lunch period and vacations as the production
employees. Like the production employees they are responsible to
their foreman, who is -responsible,in'turni' to the production' and- per-
sonnel manager. We shall include them in the unit.
The partograph operator operates a machine which stamps numbers
and insignia on various metal parts and equipment used in production.
This work is an integral part of the production process. We shall
include him in the unit.
Max Schor, whom Local 430 seeks to exclude as a supervisor, was
a production worker until the last week of September 1942. At that
time, he was assigned to break in a new group of production workers
on a new job. The Company's production and personnel manager
testified that Schor is not now a supervisor but, in all likelihood, will
be appointed to that capacity before an election, if any, is conducted.
We shall- include Schor as a production employee. If he is a super-
visor at the time of election, he will be excluded as a member of that
group.
Peter Bascionelli, whom Local 430 desires to exclude as a, supervisor,
is employed. as at=production-worker-in the-machine shop.' A-witness
for Local 430 testified that several employees had told him that Bas-
cionelli gives orders and confers with supervisors. However, the pro-
duction and personnel manager stated that Bascionelli is a skilled
production employee, paid on an hourly basis and at the same rate as
other skilled workers. He further stated that Bascionelli has no au-
thority to issue orders and, as far as the Company knows, has never
done so. Bascionelli was elected to represent the production workers
of the fifth floor on the labor-management committee at the plant.
According to the election rules no supervisor is allowed to serve in that
capacity. We -shall include him in the unit as a production employee.
406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
L. J. Montenero, whom Local 430 claims is assistant to the foreman
in the, shipping department, is listed by the Company as, an ordinary
shipping department employee. A witness for the Union stated that
other shipping department employees have informed him that Monte-
nero issues orders, but the production and personnel manager states
that Montenero, one of the Company's oldest employees, has no super-
visory powers and, as far as he knows, has never attempted to exercise
such powers. We shall include Montenero in the unit as an employee
of the shipping department.
We find that all, production and maintenance employees, including
employees of the shipping department, the partograph operator, Max
Schor, Peter Bascionelli, and L. J. Montenero, but excluding super-
visory and clerical employees, engineers, laboratory, assistants (or
technicians); draftsmen, and the watchmen. (or guards), 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
The Company and Local 430 were in disagreement with respect to
the pay-roll date to be used in determining the eligibility of voters.
Local 430 contended that the pay-roll date nearest to August 11 (the
date on which petition was filed) should be used because, since that
date, the Company has hired on a, temporary basis 10 new employees
and will probably hire more. The Company stated that the 10 new
employees were hired on a permanent basis; that it does not expect to
hire more than an additional 10 during the next 2 or 3 months, but that
in any event such employees are intended for permanent employment
to meet the Company's increasing production needs., Local 430 offered
no evidence in the support of its assertion that the employment of the
new employees is temporary. In view of these facts, we see no reason
for departing from our normal practice of using the pay-roll date
immediately preceding the date of the Direction of Election.
Local 430 maintains that 17 employees who had been laid off by the
Company for business reasons in May 1942 should be allowed to vote,
since the Company had agreed to reinstate them as the need arose. The
Company admitted that it had made such an agreement with Local
430 but stated it has now adopted a policy of employing women
workers for such jobs. These laid-off employees performed jobs which
fall into classifications hereinabove found appropriately included in
the bargaining unit, and we find that such employees of this group
who .are not permanently employed elsewhere and who have not re-
fused offers of reemployment at the time of the election shall be eligible
to vote.
RADIO RECEPTOR COMPANY IN'C. 407
Local 430 contended that the name of the I. B. E. W. should not ap-
pear on the ballot. The I. B. E. `V. was not represented at the hearing
but, as stated in Section III, supra, it submitted to the Regional
Director a number of signed membership cards which indicated that
it represented a substantial number of employees in the unit found
appropriate. Therefore, we shall place the name of the I. B. E. W.
on the ballot.
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 our Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
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,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Radio Receptor
Company Inc., 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 Article_
III, Section 10, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above,' who were em-
ployed 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 in the active mil-
itary service or training of the United States, or temporarily laid off,
but excluding employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by Local 430
of the United Electrical Radio & Machine Workers of America,
C. 1. 0., or by International Brotherhood of Electrical Workers, Local
B-1010, A. F. of L., for the purposes of collective bargaining, or by
neither. '