Raytheon Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 11, 1946

66 N.L.R.B. 588 (N.L.R.B. 1946)

In the Matter Of RAYTHEON MANUFACTURING COMPANY and INTERNA-
TIONAL BROTIIERIIOOD OF ELECTRICAL WORKERS, A. F. or L.
Case No. 1-R-f729.-Decided March 11, 1946
Messrs. Foley, Hoag & Eliot, by Mr. Thomas E. Eliot, of Boston,
Mass., for the Company.
Mr. William S. Gordon, of Hartford, Conn., for the A. F. of L.
Messrs. Jack W. Simon and James E. Marino, of Boston, Mass.,
for'the C. I. O.
Messrs. Harold B. Roitman and Frank Siegel, of Boston, Mass.,
for the United Office and Professional Workers, C. I. O.
Mr. Harry R. Ehrlich, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Elec-
trical Workers, A. F. of L., herein called the A. F. of L., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Raytheon Manufacturing Company, Boston,
Massachusetts, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Robert E. Greene, Trial Examiner. The hearing was held at
Boston, Massachusetts, on February 5 and 6, 1946. The Company,
the A. F. of L., and the United Electrical, Radio and Machine
Workers of America, C. I. 0., herein called the C. I. 0., appeared
and participated.' All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at
1 The United Office and Professional Workers, C. I 0., intervened solely to protect
their interest in the office and clerical employees of the Company The A. F. of L.
amended its petition to exclude office and clerical workers and an agreement was
reached for a consent election among such employees, whereupon the United Office, and
Professional Workers, C I 0, withdrew from thq proceedings
66 N. L. R. B ., No. 79.
588
RAYTHEON MANUFACTURING COMPANY S89
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
The Raytheon Manufacturing Company is a Delaware corporation
with plants at Waltham, Newton, and various other points within the
Commonwealth of Massachusetts, where it is engaged in the manu-
facture of radar parts, power tubes, radio reception tubes, and various
electronic equipment. In the manufacture of such products, the prin-
cipal raw materials used by the Company are copper, steel, wire,
plastic, and glass. The annual value of these raw materials purchased
by the Company is in excess of $2,000,000, of which over 80 percent
is shipped to it from points outside the Commonwealth of Massa-
chusetts. The annual value of the finished products of the Company
is in excess of $2,000,000, of which over 80 percent is shipped by it
to points outside the Commonwealth of Massachusetts.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers is a labor or-
ganization, affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
United Electrical, Radio and Machine Workers of America is a
labor organization, affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to either the A. F.
of L. or the C. I. O. as the exclusive bargaining representative of its
employees until certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the A. F. of L. 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.
g The Field Examiner reported that the A. F of L submitted 3547 cards , and that
the C I. O. submitted 1898 cards There are approximately 7,000 employees in the
appropriate unit.
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The Company and the A. F. of L. agree that the appropriate unit
should be composed of all maintenance and production employees
of the Company at its plants in Waltham, Newton, and vicinity,3
including factory clericals, but excluding all employees at East Boston
Airport, Bedford Airport, Marlboro, Nahant, and Greenfield, office
and clerical employees, expediters, buyers, employees in the personnel,
purchasing, sales, advertising , production control, scheduling, and
engineering 4 departments, timekeepers, nurses, doctors, supervisors,
and all or any other supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action. The C. I. 0. is in
agreement as to the inclusion and exclusion of the foregoing employ-
ees, but contends that there should be two units for the purposes of
collective bargaining : one comprised of the employees in the Newton
plant, and the other, employees in the remaining plants of the Com-
pany.
The C. I. 0 advances as grounds for finding two appropriate units
the fact that the Company maintains a separate labor policy, dif-
ferent hours of work, a different wage basis, and separate employ-
ment offices for Newton as compared with the other plants.
However, all divisions of the Company are responsible to the same
management , there is a considerable integration of operations, the
differences in hours of work and rate of pay are slight, and a single
pay formula for like jobs is in effect as far as possible. Employees
have been transferred from the Waltham plant to the Newton plant
wihtout loss of seniority or other rights, and application for employ-
ment at either plant may be made at the Newton employment office.
As indicated above, organization of the Company's employees has
been extended by both organizations to all the Company's plants. In
view of the foregoing, we are of the opinion that all operations of
the Company in Waltham, Newton, and vicinity comprise a single
appropriate unit.
We find that all maintenance and production employees of the
Company as its plants in Waltham, Newton, and vicinity, including
factory clericals , but excluding all employees at East Boston Airport,
Bedford Airport, Marlboro, Nahant, and Greenfield, office and
clerical employees, expediters, buyers, employees in the personnel,
purchasing, sales, advertising, production control, scheduling, and
a Included herein are the plants, warehouses, and offices in Boston, Brookline, Bemis,
and Watertown.
4 Those employees in the engineering departments doing actual mechanical work similar
to work performed by production and maintenance employees are not included in this
exclusion.
RAYTHEON MANUFACTURING COMPANY 591
engineering departments, timekeepers, nurses, doctors, supervisors,
and all or any other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
V. TILE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the 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 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 Raytheon Manu-
facturing Company, Boston, Massachusetts, 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 First Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among employees in the unit found appropriate 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 employees in the
armed forces of the United States who present themselves 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 Electrical Workers,
affiliated with the A. F. of L., or by United Electrical, Radio and
Machine Workers of America, affiliated with the C. I. 0., for the
purposes of collective bargaining, or by neither.