Condenser Corp. of America

National Labor Relations Board - Board Decisions

Jul 9, 1942

42 N.L.R.B. 251 (N.L.R.B. 1942)

In the Matter Of CONDENSER CORPORATION OF AMERICA and UNITED
ELECTRICAL & RADIO WORKERS OF AMERICA
In the Mattel Of CORNELL-DUBILIER ELECTRIC CORPORATION and
UNITED ELECTRICAL,& RADIO WORKERS OF AMERICA
Cases Nos. R-399 and R-324, respectively
SUPPLEMENTAL DECISION
AND
DIRECTION OF ELECTION
July 9, 1942
On March 29, 1940,-the National Labor Relations Board issued a
Decision, Order, and Direction of Election in the above-entitled pro-
ceeding 1 In its Decision, the Board found that Condenser Coipora-
tion of America and Cornell-Dubilier Electric Corporation, herein
collectively called the Company, had violated Sections 8 (1), (2), and
(3) of the National Labor Relations Act, and directed that an elec-
tion be held "after a period shall have elapsed sufficient to permit
the respondent's employees to consider and deterinme_free from any
and all employer compulsion, restraint and interference, which of
the two labor oiganizations, if either, they wish to have represent
them for collective bargaining purposes" Following enforcement
of the Board's Order by the Circuit Court of Appeals for the Third
Circuit ,2 the Board instituted an investigation in the course of which
further hearings were held, pursuant to notice, at New Brunswick,
New Jersey, on May 20 and 21, 1942, before Frank A Mouritsen, Trial
Examiner, and before the Board in Washington, D C, on June 2,
1942. The Company, United Electrical & Radio Workei s of America,
and International Brotherhood of Electrical Workers were repre-
sented and participated in said hearings
The United contends that no election in this proceeding should
be held at this time because the effects of unfair labor practices
committed by the Company have not yet been dissipated. We have
122 N L R B 347 -
2 See Nat-tonal Labor Relations Board V Condenser Corp , March 25, 1942 (C C A 3),
10 L R R 217.
42 N L R B, No 56
251
252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
carefully considered this contention and all the circumstances involved
and we are of the opinion and find that an election free from all
employer compulsions , restraints and interference can be held at this
time
At the further hearing the Company contended that checkers should
be excluded from the unit , and the Bi otherhood contended the super-
visors, shipping and receiving employees , watchmen , and maintenance
employees should be included in the unit . All these classes of em-
ployees, other than the checkeis who were included, were excluded
from the unit found appropriate by the Board in its Decision of
March 29, 1940 All parties agreed that the duties performed by these
classes of employees at this time are the same as those performed by
them at the time of the Boat cl's Decision Unclei these circumstances,
we hold that the unit originally found by us is appropriate at this time
for the purposes of collective bargaining
The Brotherhood requests that the pay roll of March 25, 1942, be
used to deteimine eligibility to vote in the event that the Board
directs an election The Company and the United urge that a current
pay roll be used for that purpose. In accordance with our usual
custom, we find that the employees of the Company eligible to vote
in the election shall be those within the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject ' to the additions and
limitations set forth in our Direction
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, and puisuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that , as part of the investigation to ascertain representa-
tives for the puiposes of collective bargaining with Condenser
Corporation of America find Cornell-Dubilier Electiic Corporation,
South Plainfield, New Jersey, an election by secret ballot shall be
conducted as early as possible, but not later than thnity (30) days
from the date of this Direction, under the dnection and supervision
of the Regional Director for the Second Region, acting in this matter
as agent for the National Labor Relations Boaid, and subject to Arti-
cle III , Section 9 , of said Rules and Regulations , among the em-
ployees in the unit found appropriate in our Decision of March 29,
1940, who were employed during the pay-roll pei iod immediately
preceding the date of this Direction , including employes who
did not work during such pay-roll period because they were ill
CONDENSER CORPORATION OF AMERICA 253
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
they desire to be represented by United Electrical & Radio Workers
of America, affiliated with the Congress of Industrial Organizations,
or by International Brotherhood of Electrical Workers, Local B-1041,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither