Remington Rand, Inc.

National Labor Relations Board - Board Decisions

Jul 21, 1944

57 N.L.R.B. 544 (N.L.R.B. 1944)

In the, Matter Of REMINGTON . RAND, INC. and. UNITED ELECTRICAL,z
RADIO AND MAOHINE WORB:Ei s OF AMERICA, C. I. O.
Case No. 7-R-1740.-Decided July 01,'1944
Mr. J. A. W. Simson, of Buffalo, N. Y., and,Harvey and Fisher, by
'Mr. Vance E. Fisher, of Benton Harbor, Mich., for the Company.
Mr-Robert S. Feldman, of Benton Harbor, 'Mich., for the,U. E.
Mr. Walter G. Wisdom, of Detroit, Mich., for the-Pressmen.
Mr. Bernard Goldberg, of counsel to the Board.
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DECISION'
AND
DIRECTION OF-ELECTIONS'
STATEMENT OF THE CASE
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Upon a petition duly'filed by United Electrical , Radid and Machine
Workers of Amdrica, ''C.' I0., herein called the U. E., alleging that
a question affecting ` commerce had arisen-concerning 'the representa-
tion of employees 'of''Remington Rand, Inc., Benton"Harbor, Michi-
gan, herein' called he Company , the National Labor ' Relations Board
provided for' an' appropriate hearing upon du e notice ' before Robert
J. Weiner, Trial Examiner . Said hearing was held ' at St. Joseph,
Michigan ; .on'-June 9; 1944 : The Company; the U . E.,: and Inter:
national Printing Pressmen and Assistants ' Union of North Ameiica,
A. F. L., herein called the Pressmen ,-appeared and participated. All
parties were afforded, full,opportunity , to be he.ird ,? to' examine -,and
cross-examine witnesses ,, and to introduce evidence' bearing :• on the
issues. ,' Thd Trial Examiner 's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All ,parties ; werejaf?
forded an opportunity to file -briefs- with-the.Board.,' r:^, ir'
Upon they entire ; record • in the case . the Board, makes the, following :
Y r . '. 1
FINDINGS OF FACT
1. THE BUSINESS OF TILE COMPANY
Remington Rand, Inc., a Delaware corporation, is engaged in the
manufacture of printed office record material at its plant in Benton
Harbor, Michigan; this plant and 7 others comprise the' Systems Di-
57N.L. R.B.,No 97.
544 -
REMINGTON RAND, IN, C. 545
vision of the Company. In connection with the manufacture of such
material; -the Company purchases annually in interstate- commerce
raw materials valued at approximately $2,000,000. During' a similar
period of time, it ships approximately $4,500,000 worth'of its finished
products in interstate commerce.
The Company admits that it 'i's engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED'
- United Electrical, Radio and Machine'Workers of America, affil-
iated with the Congress' of Industrial Organizations, is, a labor or-
ganization admitting to membership employees of the Company.
International Printing Pressmen and Assistants' Union of North
America, affiliated with the American Federation of Labor, is 'a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the U. E. .as the
exclusive bargaining representative 'of its employees, until the 'U. E.
has been certified by the Board in an appropriate unit.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that .the U. E. and the Pressmen' represent sub-
stantial numbers of employees in the units claimed by each to be
appropriate.'
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 DETERMINATION OF REPRESENTATIVES
,The U. E. seeks a unit, comprising, all production and maintenance
employees of the Company, excluding office and clerical employees,
foremen-and assistant foremen;'and all other'supervisory personnel.
The Pressmen contends that a unit including' all'.pressmen, 'pressmen
assistants, OK men, press feeders, stockmen, the wash-up man in the
cylinder pressroom; foremen' pressmen, and all employees engaged in
The Regional Directoi,reported'that the U.,R submitted11152 iuthorizafion'cards all of
which bore apparently, genuine original signatures,; that the, names,of 125 persons appearing
on the -cards weie, listed on the Company's 'pay roll of May' 1, 1944, which contained the
ri'aines of 332 employees in the 'unit' sought bv'the U. E i; and'that"the cards ^%ere dated
from, June 1943 to April 1944.' ^ The. Regional, Director, alsojeported- that the Pressmen
snibmitted' 26'designatnon cards all of ,which bore apparently genuine•original signatures ;
that the names of 18 persons appearing on the cards were listed on the Company's layroli'
of May 1;; 1!144, ;which contained the names of 44. employees ,in .the unit,sought- by;the
Pressmen ; and that the cards were dated as follows : 13 in March 1944 ; 12 in April 1944 ;
and -1" in 11Iay •1944' The Trial-Examiner'reported that at the Bearing the U' E_tsubni'ltted
23 additional authorization cards from employees, whose names appeared on the-Company's
payroll of May 1, 1944 ,•^ ; . ...,r.
601248-45-vol. 57 11'"36 `' ,w ; , e- „ n
546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Powers tabulating operation, but excluding the index machine
operator and all employees of the lithographing department, is,appro-
priate. The Company takes a neutral position with regard to the
foregoing unit contentions, except that it opposes the inclusion of any
supervisory personnel.
We are of the opinion that, the unit sought by the Pressmen; with
the inclusion, however, of the index machine operator and. the ex-
clusion of all foremen, comprises an identifiable group of employees
having substantially similar duties and interests which would permit
them to,functioi for the purposes of collecting bargaining either as
a separate group or as part-of the larger unit sought by the U. E.
In this situation, our determination of the unit issue with respect to
these employees will' depend, in, part, upon 'their own desires as
expressed in the election hereinafter - directed among them.
We shall direct that separate elections by secret ballot be held among
the employees in each ,of the voting groups described below who were
employed during the pay-roll period immediately preceding the date
of the Direction of Elections herein, subject to the limitations and
additions,set.forth in the-Directions.
1: All pressmen,' pressmen assistants, OK men, press feeders, the
wash-up man in the cylinder pressroom, stockmen, the operator of the
index machine, and all employees engaged in 'the Powers tabulating
operation, excluding foremen and all other supervisory employees
with authority to hire, promote, discharge, discipline or otherwise
effect changes in the status of employees, or effectively recommend such
action.
2. All remaining production and maintenance employees of,--the
Company, excluding office 'and clerical employees, foremen and assist-
ant foremen, and all or any other supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in, the, status of employees, or effectively -recommend such
action.
,As stated above, there will beno final determination of the appro-
priate unit or units pending the results of the elections.
DIRECTION OF ELECTIONS
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 •;aiid• Regulations -Series 3; as amerid'ed, it
is.hereby.
• -DIRECTED that, as part of the investigation to ascertain representa-
tives for the'purposes of collective bargaining withRemington Rand,
2 This category includes the operator of the carbon machines.
8 This category includes the stockboy in the small pressroom.
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REMINGTON RAND, INC. 547
Inc., Benton Harbor; Michigan, separate elections 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 super-
vision of the Regional Director for the Seventh Region,-acting in
this mmitter as agent for the National Labor Relations Board; and
subject to Article III, Sections 10 and .11, of said Rules and,Regula-
tions, among the following groups of employees of the Company 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 elec-
tions, as well as all supervisory employees whith authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action:
(1) A ll^ pressmen, pressmen assistants, OK men, press feeders, the
wash-up man in the cylinder pressroom, stockmen, tie operator
of the index machine, and all employees engaged in the Powers tabu-
lating operation, excluding foremen, to determine whether they desire
to be represented by United Electrical, Radio and Machine Workers
of America, C. I. 0., or by International Printing Pressmen and As-
sistants' Union of North America, A. F. L., for the purposes of collec-
tive bargaining, or by neither.
(2) All remaining production and maintenance employees, ex-
cluding office and clerical employees, foremen and assistant foremen,
to determine whether or;irot they desire to be represented by, United ,
Electrical, Radio and Machine Workers of America, C. I. 0., for the
purposes of collective bargaining.