Solar Manufacturing Corp.

National Labor Relations Board - Board Decisions

Feb 25, 1946

65 N.L.R.B. 1366 (N.L.R.B. 1946)

In the Matter of SOLAR MANUFACTURING CORPORATION and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 13-R-3206.-Decided February 25, 1946
Mr. W. H. Gibbs, of Chicago, Ill., for the Company.
Mr. Pat Amato, of Chicago, Ill., for the Union.
Mr. Julius Topol, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Solar Manufacturing' Corporation, Chicago, Illinois,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before John R. Hill,
Trial Examiner. The hearing was held at Chicago, Illinois, on Octo-
ber 30,1945. The Company and the Union appeared and participated.'
All parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, 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
Solar Manufacturing Corporation is a New York corporation op-
erating plants at West New York and Bayonne, New Jersey, and
Chicago, Illinois. This proceeding is concerned solely with the Coln-
I International Federation of Architects , Engineers, Chemists, and Technicians, Local
Chapter No . 3, C I. 0., herein called the FAECT, was served with notice and appeared
at the hearing for the sole purpose of disclaiming any interest in the representation of
the employees in the proposed unit. It did not move to intervene.
65 N. L. R. B., No. 227.
1366
SOLAR MANUFACTURING CORPORATION 1367
pany's plant in Chicago. The Company is engaged in the manu-
facture of condensers for the radio industry. During the year 1944, the
Company used raw materials consisting principally of paper, oils,
metals, cans, and wax, valued at approximately $200,000, of which
about 15 percent was shipped to the Company's Chicago plant from
points outside the State of Illinois. During the same period the
Company's sales amounted to approximately $250,000, of which about
85 percent represented shipments from its Chicago plant to points
outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
11. THE ORGANIZATION INVOLVED
United Electrical , Radio & Machine Workers of America 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 Union as the
exclusive bargaining representative of the watchmen at its Chicago
plant.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents all the
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 Union seeks a unit of all watchmen in the Company's Chicago
plant, excluding supervisory employees within the meaning of the
Board's usual definition, and all other employees. Subject to its ob-
jection that the same labor organization that represents production
and maintenance employees may not represent the watchmen,3 the
Company agrees that a separate bargaining unit is appropriate.
The Company employs approximately five watchmen at its Chicago
plant. While they were militarized at one time, the guards are now
neither militarized, deputized, nor armed; they are, however, still
uniformed. Three of these watchmen work in three 8-hour shifts
S The Field Examiner reported that the Union submitted five authorization cards, all
bearing apparently genuine signatures of the five employees in the alleged appropriate
unit.
'Local 1150 of the Union now represents the production and maintenance employees of
the Company at the Chicago plant
1368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
guarding the street entrance to the plant. It is the duty of these three
watchmen to identify all employees entering the plant, check to see
that employees who arrive late sign a register, and question visitors to
the plant for identification purposes and arrange for their movement
through the plant. In addition, the watchmen on the 4 p. in. to 12
midnight and the 12 midnight to 8 a. in. shifts make periodic inspec-
tions of the plant for fire or theft. The fourth watchman is stationed
at the entrance to the parking lot at the rear of the plant from 8 a. m.
to 4 p. in. ; he identifies employees entering the parking lot, records
visiting vehicles entering or leaving the lot, and identifies all persons
entering the plant building through the rear entrance. The fifth
watchman is used as a relief man. All watchmen are required to report
infractions of company rules, but they have no authority to discharge
or discipline employees nor to recommend such action; their duties
are merely monitorial in nature.
The Company contends that the watchmen, who are engaged in pro-
tecting management's property and interest, are closer to management
than production employees and that representation of watchmen by
the same labor organization which represents production employees
would militate against their loyalty to the Company.' We have in
other cases 5 considered similar contentions with respect to employees
having the same duties and functions as these watchmen and, as in
those cases, find them to be without merit.
Accordingly, we find that all watchmen employed by the Company
at its Chicago, Illinois, plant, excluding all 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 collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
V. THE 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.
' In this connection the Company urges that the FAECT, which already represents cer-
tain technical employees at the Chicago plant, is the proper party to represent these
employees It is clear, however, that the FAECT has no interest in these employees.
Moreover, we have frequently held that freedom to choose a bargaining agent includes
the right to select a representative which has been chosen to represent other employees
of the Company in a different bargaining unit.
S See Matter of Minnesota and Ontario Paper Company, 65 N. L. R. B. 571: Matter
of Bethlehem Steel Company, 61 N. L. R B 892, Matter of Dravo Corporation, 52 N L R B
822.
SOLAR MANUFACTURING CORPORATION
DIRECTION OF ELECTION
1369
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 Rela-
tions 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 Solar Manufac-
turing Corporation, Chicago, Illinois, 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 Thirteenth Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject 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 vaca-
tion 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 dis-
charged for cause and havenot been rehired or reinstated prior to the
date of the election, to determine whether or not they desire to be
represented by United Electrical Radio,-',' Machine Workers of Amer-
ica, C. I. 0., for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.