Cornell-Dubilier Electric Corp.

National Labor Relations Board - Board Decisions

Feb 19, 1945

60 N.L.R.B. 747 (N.L.R.B. 1945)

In the Matter Of CORNELL-DUBILIER ELECTRIC CORPORATION and INTER-
NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (AFL)
Case No. 1-R- 204.-D ecided February 19, 1945
Mr. Theodore E. Abeel, of Westport, Mass., for the Company.
Mr. John J. Regan, of Boston, Mass., for the Union.
Mr. Harry Nathanson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
0
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Elec-
trical Workers (AFL), herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Cornell-Dubilier Electric Corporation, Worcester, Mas-
sachusetts, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Leo J. Halloran, Trial Examiner. Said hearing was held at Boston,
Massachusetts, on January 18, 1945. The Company and the Union
appeared and participated. All parties were afforded full opportu-
nity to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudical 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
Cornell-Dubilier Electric Corporation is a Delaware corporation
with its principal place of business located at South Plainfield, New
Jersey. In the course and conduct of its business, the Company oper-
ates several plants in the Commonwealth of Massachusetts and in other
States of the United States. We are here concerned with the Worces-
60 N. L. R. B., No. 126.
747
748 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ter, Massachusetts, plant, owned by the Nord Bureau of Ordnance of
the United States Government and operated and managed by the
Company, which is engaged in the manufacture of condenser type
products for the United States Navy. The Company, during the year
1944, purchased for use at the Worcester plant Yaw materials valued
at $2,500,000, of which 90 percent was purchased outside the Common-
wealth of Massachusetts. ,For the same period the total value of the
finished products manufactured at the Worcester plant was in excess
of $5,000,000, of which approximately 80 percent was shipped to points
outside the Commonwealth of Massachusetts.
The Cou'lpany admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. 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. . - C,
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the'Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found 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 parties agree, and we find, that all production and maintenance
department employees of the Company' at the Worcester, Massachu-
setts plant, including machinists, mechanics, and tool makers, but
excluding engineers, laboratory employees, office and clerical workers,
draftsmen, watchmen, porters, matrons, foremen, and 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
'The Field Examiner reported that the Union submitted 531 authorization cards bear-
ing apparently genuine signatures , of which 371 bore names appearing on the Company's
pay roll of December 2 , 1944, containing the names of 1,168 employees in the unit alleged
by the Union to be appropriate . The record discloses that, on January 17, 1945, 200 addi-
tional authorization cards were submitted to the Field Examiner , and that, at the bearing
herein, 40 additional authorization cards were presented. _
CORNELL-DUBILIER ELECTRIC CORPORATION 749
of collective bargaining within the meaning of Section 9 (b) of the
Act.
V. THE DETER31INATION OF REPRESENTATIVES
The Company contends that, because its operations are in the process
of expansion and it contemplates increasing its complement of em-
ployees until approximately 2,200 employees in the appropriate unit
are employed, no election should be directed at the present time.
However, as of the week ending January 13, 1945, there were between
.1,200 and 1,300 employees in the appropriate unit. Since the Com-
pany now employs more than 50 percent of its expected full staff of
employees in the unit found appropriate, we do not believe that a post-
ponement of an election is warranted .2
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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.
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 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 Corned-Dubilier
Electric Corporation, Worcester, Massachusetts, 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 First Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regulations,
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 the 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
discharged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether or not they desire to
he represented by International Brotherhood of Electrical Workers
(AFL), for the purposes of collective bargaining.
2 Matter of Fairchild Aircraft Division, 50 N L R. B. 113.