Allen B. Dumont Laboratories, Inc.

National Labor Relations Board - Board Decisions

Apr 15, 1948

77 N.L.R.B. 121 (N.L.R.B. 1948)

In the Matter of ALLEN B. DUMONT LABORATORIES, INC., EMPLOYER
and AMALGAMATED LOCAL 669, UNITED AUTOMOBILE, AIRCRAFT AND
AGRICULTURAL IMPLEMENT WORKERS, C. I. 0., PETITIONER
Case No. 2-R-7-752.-Decided April 15, 1948
Conrad & Smith, by Mr. Jacob I. Smith, of New York City, for the
Employer.
Rothbard, Harris cC Oxfeld, by Hr. Samuel L. Rothbard, of New
York City, for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Passaic,
New Jersey, on January 5 and 6, 1948, before Robert Silagi, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed?
Upon the entire record in the case, the National Labor Relations
Board 2 makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Allen B. Dumont Laboratories, Inc., a Delaware corporation with
various plants at Passaic, Clifton, and Paterson, New Jersey, is en-
gaged in the manufacture of television sets, electronic instruments,
and associated products. During the past year, the Employer pur-
chased, for use at its New Jersey plants, raw materials valued in ex-
cess of $1,000,000, of which about 50 percent was received from points
' At the hegring, the Employer moved to dismiss the petition on the ground (1) that
the Petitioner failed to show that it represents a substantial number of employees in the
alleged appropriate unit because the authorization cards which it submitted are dated
more than 8 months prior to the hearing and (2) that, in any event, some of these cards
run to the International . We have frequently declared that the question of whether the
Petitioner has made a prima facie showing of interest is an administrative matter and-is
therefore not subject to direct or collective attack by any of the parties to the proceeding.
We find no merit in the motion to dismiss and, accordingly, it is hereby denied See : Matter
of American National Bank and Trust Company of Chicago , 71 N L R B. 503; Matter
of Dupis -Color Products Co , Inc ., 65 N. L R B 1435 ; Matter of Baker & Company, Inc ,
65NLRB646
2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three -man panel consist-
ing of the undersigned Board Members [ Chairman Herzog and Members Houston and
Reynolds.]
77 N. L. R. B., No. 17. 121
122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
outside the State of New Jersey. During the same period, the Em-
ployer produced at these plants finished products valued at more than
$1,000,000, approximately two-thirds of which was shipped to points
outside the State of New Jersey.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED 3
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
International Association of Machinists, herein called the IAM, is
a labor organization claiming to represent employees of the Employer.
International Brotherhood of Electrical Workers, herein called the
IBEW, is a labor organization affiliated with the American Fedeva-
tion of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING 11EPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agreed at the hearing that the appropriate unit should
consist of all production and maintenance employees at the Em-
ployer's New Jersey plants,4 excluding professionals, office, clerical,
and confidential employees, guards, and supervisors as defined by
the Act. The sole issue concerns the disposition to be made of the
watchmen.
' International Association of 'Machinists , herein called the IAM, and International
Brotherhood of Electrical Workeis, A F of L, herein called the IBEW, were not served
with notice and did not appear at the hearing . After the hearing , the IAM and the IBEW
each moved to intervene in this proceeding for the purpose of having their names placed
on the ballot in any election hereinafter ordered . In support of their motions , the JAM
and the IBEW each submitted certain authorization cards purporting to bear the names
of employees in the unit herein found appropriate . Inasmuch as some of the cards sub-
mitted by each intervening union were secured before the date of the hearing on the instant
petition and the motions were not otherwise untimely , the motions of the IAM and the
IBEW to intervene are hereby granted . See: Matter of Robert Gair Company , Inc, 65
N L R B. 267 ; Matter of The United Boat Service Corporation , 55 N. L . R B. 671.
4 At the hearing the Petitioner moved, without objection from the Employer , to clarify
the locations of the plants covered by the petition and amended its petition to read 'all
production and maintenance employees at all manufacturing plants of the Employer in the
State of New Jersey including plants located at 1 Main Avenue , Passaic, 252 South Park-
way, Clifton , 42 Harding Avenue, Clifton , 245 Crooks Avenue, Paterson , and 267 Ruther-
ford Boulevard , Clifton "
ALLEN B. DUMONT LABORATORIES, INC. 123
The parties took no position regarding the inclusion or exclusion
of the watchmen. The Employer has in its employ 20 watchmen
working on 3 shifts. Watchmen on duty during the first or day shift
are stationed at gates and doorways to receive and register visitors,
to distribute badges to them for their use while in the plant, and to
direct them to the parties whom they desire to see. In addition,
watchmen guard against the unauthorized removal of the Employer's
property by examining and checking all outgoing packages. Besides
performing-the normal duties of a day watchman;' the watchmen on
duty during the second and third shifts patrol the plant premises
and punch time clocks located at different stations throughout the
plant. Because the watchmen perform plant-protection duties, we
shall exclude them from the unit.-'
We find that all production and maintenance employees at the
Employer's New Jersey plants, excluding professionals, office, clerical,
and confidential employees, guards, watchmen, and sup'6rvisors, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION 6
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Allen B. Dumont Laboratories,
Inc., Passaic, New Jersey, 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 Second Region, and subject to Sections
203.61 and 203.62 of National Labor Relations Board Rules and Regu-
lations-Series 5, among the 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, 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, and also ex-
cluding employees on strike who are not entitled-to reinstatement,
to determine whether they desire to be represented by Amalgamated
Local 669, United Automobile, Aircraft and Agricultural Implement
Workers, C. I. 0., or by International Association of Machinists,
or by International Brotherhood of Electrical Workers, A. F. of L.,
for the purpose of collective bargaining, or by none of these
organizations.
5 See Matter of C. V. Hill & Company, Inc, 76 N. L R B. 158.
Any participant in the election herein may, upon its prompt request to, and approval
thereof by, the Regional Director, have its name removed from the ballot.