Remington-Rand, Co., Inc.

National Labor Relations Board - Board DecisionsJan 22, 1942

38 N.L.R.B. 450 (N.L.R.B. 1942)

In the Matter of REMINGTON -RAND COMPANY, INC. and INTERNA- TIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN & HELPERS, LOCAL 598, A. F. OF L. Case No. R-3368.-Decided January 22, 1945 Jurisdiction : typewriters, and business and office equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all receiving and shipping and stock clerks employed in the Los Angeles, California, district sales office of the Company, including the motorcycle wheel delivery boy ; stock room and gen- eral utility employee hired to relieve seasonal load, included notwithstanding fact that he is not on the Company's pay roll, where the Company intends to employ him until the seasonal load has diminished. Mr. E. W. Cannon, of Los Angeles, Calif., for the Company. Mr. Thos. L. Young and Mr. Pete Nickoliesen, of Los Angeles, Calif., for the Teamsters. Mrs. Platonia P. Kaldes, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 29, 1941, the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, Local 598, affiliated with the American Federation of Labor, herein called the Teamsters, filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of the Remington- Rand Company, Inc., Los Angeles, California, 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 November 17, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, 38 N. L . R. B., No. 93. 450 REMINGTON-RAND COMPANY , INC. 451 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. On November 27, 1941 , the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Teamsters . Pursuant to notice , a hearing was held on December 4 and December 6 , 1941, before dames A. Cobey, the Trial Examiner duly designated by the Chief Trial Examiner . The Company and the Teamsters were represented by official representatives and par- ticipated in the hearing . Full opportunity to be heard, to examine and cross-examine witnesses , and to introduce evidence bearing upon 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 . The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Remington -Rand Company , Inc., is a Delaware corporation having its principal executive offices in Buffalo and New York City. It is engaged in the manufacture , purchase , sale, and distribution of type- writers, adding and computing machines, record and filing equip- ment, business and office equipment , and similar products . The Com- pany's products are manufactured at plants located in Elmira, Ilion, Tonawanda, and North Tonawanda , New York, Benton Harbor, Michigan , and Marietta , Ohio. During the year ending March 1941, approximately 75 percent of the raw materials purchased by the Company, valued at approximately $7,500,00C, were shipped to the plants of the Company from places outside the States in which the plants are located. During the same period of time, the Company sold, to customers located in the State of California , products valued at approximately $2,513,000. These products were either shipped by the Company from its plants outside the State of California to its branch offices in California or directly to its customers in that State. The present proceeding is concerned with the employees of the Company in its district sales office in Los Angeles , California. II. THE ORGANIZATION INVOLVED International Brotherhood of Teamsters , Chauffeurs , Warehouse- men & Helpers , Local 598, is a labor organization affiliated with the 452 DECISIONS OF NAT'IO'NAL LABOR RELATIONS BOARD American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to bargain with the Union unless and until it has been certified by the Board. A statement of the Regional Director, introduced into evidence, indicates that the Teamsters represent a substantial number of the employees in the unit hereinafter found to be appropriate for the purposes of collective bargaining.' We find that a question has arisen concerning the 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 tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Teamsters seeks a unit composed of all receiving and shipping and stock clerks and helpers employed in the Los Angeles district sales office of the Company'2 These employees are all classified as "utility" employees on the Company's pay, roll.3 The Teamsters would also include a stock room and general utilities employee and a motorcycle wheel delivery boy. The Company contends that the stock room and general utilities employee and the motorcycle wheel delivery boy should be excluded from the appropriate unit. The stock room and general utilities employee was hired by the Company several months prior to the hearing to relieve a seasonal I The Regional Director ' s report discloses that the Teamsters submitted seven signed appli- cation cards , all of which were dated October 1941 and contained the signatures of persons whose names appeared on the Company 's pay roll of October 29, 1941. There were then approximately nine employees in the unit hereinafter found to be appropriate 3In its petition , the Teamsters sought a unit composed of all "warehouse" employees of the Company , with certain specified exclusions . Inasmuch as the Company does not main- tain a warehouse in Los Angeles , it contended that there Â« as only one employee , the "receiv- ing and shipping clerk " who might fall within the unit sought by the Teamsters. At the hearing, however , the Teamsters indicated , as set forth above , which employees it would include in the unit. 3 Two systems service repairmen were also listed as "utility" employees on the pay roll The Union does not seek to include these two employees. REMINGTON-RAND COMPANY, INC. 453 load. He is not on the Company's regular pay roll, but is paid out of petty cash of the local office. The Company stated that it would continue to employ him until the seasonal load has diminished. This employee runs the freight elevator, "contacts" the incoming and out- going trucks, and does general utility work. The motorcycle wheel delivery boy delivers small objects such as typewriter ribbons to the Company's customers. He receives his supplies from the shipping department. We are of the opinion that these two employees should be included in the unit. We find that all receiving and shipping and stock clerks and help- ers employed in the Los Angeles district sales office of the Company, including the stock room and general utilities employee and the motorcycle wheel delivery boy, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargainging and otherwise will effec- tuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. We shall direct that an election by secret ballot be held among the employees of the Company in the appro- priate unit who were employed during the pay-roll period immedi- ately preceding the date of this Direction of Election, subject to such limitations and additions as are hereinafter set forth in the Direction. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLusIONs OF LAW 1. A question affecting commerce has arisen concerning the rep- resentation of employees of Remington-Rand Company, Inc., em- ployed in the district sales office in Los Angeles, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Na- tional Labor Relations Act. 2. All receiving and shipping and stock clerks and helpers em- ployed in the Los Angeles, California, office of the Company, includ- ing the stock room and general utilities employee and the motorcycle wheel delivery boy, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (c) of the National Labor Relations Act. 454 DECISIONS OF NATIONAL LABOR R'ELAT IONS BOARD 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby Dnu c1ED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with the Remington-Rand Company, Inc., at its district sales office in Los Angeles, California, an election by secret ballot shall be con- ducted 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 Twenty-first Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all receiving and shipping and stock clerks and helpers employed in the Los Angeles, California, district sales office of the Company, includ- ing the stock room and general utilities employee and the motorcycle wheel delivery boy, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military 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 or not they desire to be represented for the purposes of collective bargaining by the International Brotherhood of Teamsters, Chauf- feurs, Warehousemen & Helpers, Local 598, affiliated with the Amer- ican Federation of Labor.