The Crosley Corp.

National Labor Relations Board - Board Decisions

Dec 29, 1945

65 N.L.R.B. 18 (N.L.R.B. 1945)

In the Matter of THE CROSLE- CORPORATION and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, AFL
Case No. 11-R-837.-Decided December ^?9, 1945
Messrs. J. W. Craig and C. M. Ricker, both of Richmond, Ind., for
the Company.
Mr. James E. Reilly, of Washington, D. C., and Mr. H. B. Blanken-
ship, of Akron, Ohio, for the Union.
Mr. A. Summer Lawrence, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Elec-
trical Workers, AFL, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of The Cros}ey Corporation, Richmond, Indiana, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Clifford L. Hardy, Trial
Examiner. The hearing was held at Richmond, Indiana, on August
6, 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 is-
sues. The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
an 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 Crosley Corporation, an Ohio corporation, operates a plant at
Richmond, Indiana, where it is engaged in the manufacture of elec-
trical war material. During the past 12 months, the Company pur-
chased for use at its Richmond plant raw materials valued in excess
65 N. L. R. B., No. 4.
18
THE CROSLEY CORPORATION 19
of $500,000, of which more than 75 percent was obtained from points
outside the State of Indiana. During the same period, the Company
manufactured at its Richmond plant'finished products valued in excess
of $500,000, of which more than 75 percent was shipped to points out-
side the State of Indiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Union seeks to represent the Company's group leaders at its
Richmond plant and requests that, if the Board grants an election
and the Union wins, the Board include group leaders in the existing
unit of the Company's production and maintenance employees for
whom the Union is the certified bargaining representative. The Com-
pany, although not specifically contesting the appropriateness of the
unit claimed by the Union, suggests that the group leaders in question
perform substantial supervisory duties as bearing upon the property
of their requested inclusion within the production and maintenance
unit.
The status of the Company's group leaders at its Richmond plant
was considered by the Board in a previous decision wherein the Board
found that group leaders were supervisory employees and directed
that they be excluded from the production and maintenance unit'
We are of the opinion that the evidence adduced in the instant case
is not persuasive that the status of group leaders has changed since our
earlier decision or that we should now depart from our previous find-
ing as to the status of such employees.2 Accordingly, we find that
the group leaders involved herein are supervisory employees. Since
the ultimate unit sought by the Union in this proceeding includes
group leaders together with production and maintenance employees,
we find that such unit is inappropriate for the purposes of collective
bargaining. We shall, therefore, dismiss the petition herein.
Matter of The Ctosley Corporation , 56 N. L . R B. 1722
2 The evidence mainly relied upon by the Union as indicating a change in the status of
group leaders from supervisory to non -supervisory employees , is a bulletin defining the
authority of group leaders alleged to have been distributed by the Company to the group
leaders at its Richmond plant since the date of the Board's previous decision . While the
Company admits that this bulletin was distributed at its Cincinnati plant, the evidence
does not establish that the bulletin was distributed generally to group leaders at the
Company's Richmond plant.
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since, as found in Section III, above, the bargaining unit sought to
be established by the petition is not appropriate, we find that no
question has arisen concerning representation of - employees of the
Company within the weaning 'of Section 9 (c) of the National Labor
Relations Act.
ORDER
IT IS HEREBY ORDERED that the petition for investigation and certi-
fication of representatives of employees of The Crosley Corporation,
Richmond, Indiana, filed herein by International Brotherhood of
Electrical Workers, AFL, be, and it hereby is, dismissed,
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