DX Radio Products Co.

National Labor Relations Board - Board Decisions

Jul 1, 1946

69 N.L.R.B. 239 (N.L.R.B. 1946)

In the Matter of DX RADIO PRODUCTS COMPANY, AND CHICAGO AVI-
ATION SCREW MANUFACTURERS, INC.' and INTERNATIONAL BROTHER-
HOOD OF ELECTRICAL WORKERS, A. F. OF L., LOCAL 1031
In the Matter of DX RADIO PRODUCTS COMPANY, AND CHICAGO AVI-
ATION SCREW MANUFACTURERS, INC. and UNITED ELECTRICAL, RADIO
AND MACHINE WORKERS OF AMERICA, DISTRICT NO. 11, C. I. O.
Cases Nos. 13-R-,3577 and 13-R-3582, respectively.-Decided
July 1,1946
flab an ct Kurland, by Mr. Samuel S. Kurland, of Chicago, Ill., for
the Company.
Mr. Kay J. Zacharski, of Chicago, Ill., for the IBEW.
Miss Florence L. Atkinson, of Chicago, Ill., for the UE.
Mr. Martin E. Rendelinan, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Brotherhood
of Electrical Workers, Local 1031, A. F. of L., herein called the IBEW,
and United Electrical, Radio and Machine Workers of America,
District No. 11, CIO, herein called the UE, each alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of DX Radio Products Company, and Chicago Aviation
Screw Manufacturers, Inc., both of Chicago, Illinois, herein called the
Companies, the National Labor Relations Board provided for an
appropriate consolidated hearing upon due notice before Herman J.
DeKoven, Trial Examiner. The hearing was held at Chicago, Illinois,
on May 14, 1946. The Companies, the IBEW, and the UE appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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:
' Name as amended at the hearing.
69 N L it B, No. 25. 239
240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
DX Radio Products Company is an Illinois corporation having its
principal office and three plants in Chicago , Illinois, where it is engaged
in manufacturing and assembling radio coils , transmitting crystals
and electronic equipment . In its operations from March 1, 1946, to
the date of the hearing , raw materials valued in excess of $100,000
were used , of which more than 30 percent was shipped to its plants
from points outside the State of Illinois. During the same period
finished products valued in excess of $150,000 were sold , of which more
than 30 percent was shipped to points outside the State of Illinois.
Chicago Aviation Screw Manufacturers , Inc., is an Illinois Corpo-
ration having its principal office and place of business in Chicago,
Illinois, where it is engaged in manufacturing automatic screw machine
parts. In its operations from March 1, 1946, to the date of the hear-
ing, raw materials valued in excess of $28,000 were used , of which
more than 25 percent was shipped to its plant from points outside the
State of Illinois . During the same period finished products valued
in excess of $46,000 were sold, of which more than 25 percent was
shipped to points outside the State of Illinois.
The Companies have common stockholders , officers and directors, a
single paymaster , and one accounting department . Frequently one
company manufactures products used by the other.
The Companies admit that they are engaged in commerce within
the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local 1031, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
United Electrical, Radio and Machine Workers of America, District
No. 11, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Companies have refused to grant recognition to the IBEW or
the UE as the exclusive bargaining representative of their employees
until either union has been certified by the Board in an appropriate
unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Companies, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
DX RADIO PRODUCTS COMPANY
IV. THE APPROPRIATE UNIT
241
The parties agree that all production and maintenance employees at
all the plants of the Companies, including a supervisor named Wilbur
McFarland, watchmen,2 and laboratory employees, but excluding the
chief engineer, the superintendents, foremen, the chief machinist, and
all other supervisory employees, constitute an appropriate unit. The
Companies and the IBEW seek to include in the unit six foreladies 3
and two supervisors '4 but the UE objects on the ground that they are
supervisory employees.
There is substantial uncontroverted evidence to the effect that the
six foreladies have no authority to hire, discharge, discipline, promote
or transfer other employees, or effectively recommend such action.
Their doubtful status arises from the fact that they are nominally
in charge of their respective departments, act as intermediaries be-
tween the other employees in their respective groups and the fore-
man or factory superintendent, and spend a part of their time in the
instruction of newly hired help. Approximately 40 percent of their
time is spent in the performance of the same duties as the other em-
ployees and 60 percent in the training of new employees. The two
supervisors, who work on the assembly line, spend 80 percent of their
time in production and 20 percent in instruction, their status being
substantially the same as the six foreladies.
It is clear that the foreladies and supervisors are not vested with
sufficient indfcia of supervisory authority to warrant the conclusion
that they fall within our usual definition of supervisory employees.
We shall, therefore, include them in the unit hereinafter found ap-
propriate.
We find that all production and maintenance employees at all the
plants of the two Companies, including watchmen, laboratory em-
ployees, foreladies and supervisors, but excluding the chief engineer,
the superintendents, foremen, the chief machinist, and all other super-
visory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
2 The watchmen are not armed , uniformed , militarized nor deputized
3 Grace Hulderson , Sally Kolton , Cecilia Klein , Stephanie Kapustka , June Ciehy, and
Lottie Duda.
4 Stanley Patla and Walter Laskowski. ,
701592-47--vol 69-17
242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 DX Radio Prod-
ucts Company, and Chicago Aviation Screw Manufacturers, Inc., both
of 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 subject to Article III,
Sections 10 and It, of said Rules and Regulations, among employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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, 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 they desire to be represented by International
Brotherhood of Electrical Workers, Local 1031, A. F. of L., or by
United Electrical, Radio and Machine Workers of America, District
No. 11, C. I. 0., for the purposes of collective bargaining, or by neither.