Edison General Electric Appliance Co., Inc.

National Labor Relations Board - Board Decisions

Sep 19, 1945

63 N.L.R.B. 968 (N.L.R.B. 1945)

In the Matter of EDISON GENERAL ELECTRIC APPLIANCE Co., INC. and
DISTRICT 50, UNITED MINE WORKERS OF AMERICA
Case No. 14-R-1026.-Decided September 19, 19/.5
Messrs. M. R. Zelder and Ford Charlton, of Chicago, Ill., for the
Company.
Messrs. Hubert Rushing and Roy E. White, of Herrin, Ill., and
Mr. M. J. Hanagan, of West Frankfort, Ill., for District 50.
Mr. Leonard J. Velker, of St. Louis, Mo., for the I. A. M.
Mr. Joseph D. inlanders, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATE_l1ENT OF THE CASE
Upon an amended petition duly filed by District 50, United Mine
Workers of America, herein called District 50, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Edison General Electric Appliance Co., Inc., Benton,
Illinois, herein' called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Helen F. Humphrey, Trial Examiner. The hearing was held at
Benton, Illinois on August 1, 1945. The Company, District 50, and
International Association of Machinists, A. F. L., herein called the
I. A. M., 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 issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded all opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. TILE 13USINESS OF TILE CO_l/PANY
At the time of the hearing, Edison General Electric Appliance Co.,
a New York corporation and subsidiary of General Electric Company,
63 N L R . B., No. 154
968
EDISON GENERAL ELECTRIC APPLIANCE CO., INC. 969
was engaged in the manufacture of electrical devices, which were
utilized in the war effort. The Company's civilian business is the
manufacture of electrical heating devices, electric ranges, dish
washers, water heaters, and heavy duty equipment for hotels and
restaurants. Its principal place of business and offices are located in
Chicago, Illinois. The Company operates plants at Cicero, Chicago,
and-Benton, Illinois. The Benton plant is the sole plant involved in
the present proceeding. During the year 1944, the Company pur-
chased raw materials consisting of steel and copper wire for its Illinois
plants, valued in excess of $1,000,000, of which approximately 25 per-
cent was shipped to these plants from points outside the State of
Illinois. During the same period, the Company manufactured
finished products at its Illinois plants, valued in excess of,$1,000,000,
of which approximately 90 percent was shipped to points outside the
State of Illinois.
The Company admits that its operations at the Benton plant affect
commerce within the meaning of the National Labor Relations Act,
and we so find.
II. THE ORGANIZATIONS INVOLVED
District 50, affiliated with the Uflited Mine Workers of America, is
a labor organization admitting to membership employees of the
Company.
International Association of Machinists, affiliated with the Ameri-
can Federation of Labor, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to District 50 as the
exclusive bargaining representative of its employees at the Benton
plant until District 50 has been certified by the Board in an appro-
priate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that District 50 represents a substantial number of
employees 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. _
' The Field Examiner reported that District 50 submitted 89 authorization cards con-
taining the names of employees in the proposed unit ; and that the cards were dated
December 1944 , January, February , March. Mae, and June 1945 Fifteen of these cards
were undated The proposed unit consists of approximately 160 employees District 50's
evidence of representation was not checked against a pay -roll list because the Company
refused to submit a list to the Field Examiner
At the hearing the I . A M submitted in evidence four authorization cards containing
the names of employees in the proposed unit.
970 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
District 50 contends that all employees at the Company's Benton
plant, excluding clerical employees and supervisory employees, con-
stitute the appropriate unit. The I. A. M. is in substantial agreement
with District 50 as to the scope and composition of the unit. The
Company, however, contends that an employer-wide unit, consisting
of its Cicero, Chicago, and Benton plants, is the only appropriate one.
The Company operates three plants in Cicero, Illinois, one plant in
Chicago, Illinois, and one plant in Benton, Illinois. The Benton plant
began operations in April 1944. The Company selected the Benton
plant, which is 300 miles from its other plants, because of the avail-
able supply of labor in that area. At the Benton plant the Company
is now completing, war contracts calling for the production of trans-
formers.. The Cicero plant is the only other plant producing the same
item ; but it does not appear that the Benton and Cicero plants operate
as one manufacturing unit. The Company has been producing bal-
lasts, a civilian item, at the Benton plant for approximately 3 months
in order to defray "overhead costs" during the completion of the war
contracts. There has been no interchange of employees among the sev-
eral plants although certain skilled employees were temporarily trans-
ferred to the Benton plant, at the time of its establishment, for the
purpose of aiding in organization of its manufacturing processes.
Some of these skilled employees were retained in a supervisory capac-
ity; others returned to their respective plants. All of the plants,
including the Benton plant, are under the over-all supervision of the
superintendent of production and the superintendent of personnel. A
witness for the Company testified that the personnel superintendent
approves the hiring of all new employees for all plants. The Benton
plant, however, has a personnel manager and a complete supervisory
staff consisting of two general foremen, and assistant foremen and
leadladies. The foremen at Benton have the authority to discharge
employees.
The I. A. M. pursuant to Board certification, is the bargaining rep-
resentative for the machinists and tool and die makers employed at
two of the Company's Cicero plants and at the Chicago plant.2 How-
ever, there is no history of collective bargaining at the Benton plant
for any of the persons employed there; nor, so far as the record
discloses, are any of the Company's employees at the other plants,
except the machinists, represented for collective bargaining purposes.
The operations at the Benton plant do not appear to be part of a
highly integrated or interdependent system of manufacturing; and
its geographical separation from the other plants of the Company is
2 See Matter of Edison General Electric Appliance Company, Inc., 50 N. L. R. B. 387.
Neither the Company nor the I A M. contends that the contract under which these
employees are covered includes the employees at the Benton plant.
0
EDISON GENERAL ELECTRIC APPLIANCE CO., INC. 971
a factor which militates against the Company's contention that the
only appropriate unit would include the Chicago and Cicero plants
as well as Benton . The record indicates that the employees at the
Benton plant are a distinct cohesive group and operate as a functional
unit . Under these circumstances , we find that the proposed single-
plant unit is appropriate for the purposes of collective bargaining.3
At the hearing the parties disagreed as to the disposition of certain
types of employees, including timekeepers, leadladies and Tom
Rotramble, the set-up man on coil winding.
Timekeepers: The Company employs about two timekeepers who
record the work time of other employees and prepare papers contain-
ing absentee reports and requisitions. for materials. The I. A. M.
and District 50 urge their exclusion ; the Company desires their inclu-
sion . It is apparent that the interests and working conditions of the
timekeepers are dissimilar from those of the production and mainte-
nance employees. Therefore, in conformance with our general prac-
tice, we shall exclude timekeepers from the appropriate Unit .4
Leadladies: In the Company's supervisory hierarchy there are 2
foremen, 2 assistant foremen and approximately 8 leadladies. The
I. A. M. and District 50 contend that the leadladies should be excluded
as supervisory employees; the Company urges their inclusion. The
leadladies spend a substantial amount of their time 5 directing the
work of production employees, instructing inexperienced employees in
diverse manufacturing operations, distributing the materials needed
for these operations, and transferring employees from one operation
to another. It appears that the leadladies perform assembly-line
work only when substituting for absent employees filling in for the
purpose of increasing production, or when correcting the work of
production employees. A leadlady directs the work of from 12 to
35 production workers under the supervision of the foremen and
assistant foremen. Several production workers testified that it was
their "impression" that the leadladies under whom they worked in-
formed the foremen and assistant foremen of matters pertaining" to
the efficiency of production workers under their respective supervision.
At the time of the hearing there were over 160 production and mainte-
nance employees in the plant; and under the circumstances, we believe
that the 4 foremen and assistant foremen must necessarily rely upon
the recommendations of leadladies as to the discipline, discharge, and
status of subordinate employees. We find that the lead] adies are
supervisory employees within the meaning of our customary defini-
tion; and, therefore, we shall exclude them from the appropriate unit."
See Matter of Lyon Metal Products, Inc., 62 N . L. R B 1350, and cases cited therein.
See Matter of Douglas Aircraft Company, Inc, 60 N. L. R B. 876
The record does not clearly reveal the amount of work time that leadladies spend on
production or supervisory duties.
9 See Matter of J. C. Blair Company, 50 N. L. R B. 1518; Matter of Radio Corporation
of America, RCA Victor Division, 58 N. L. R. B 271.
972 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Tom Rotramble: A company foreman testified that Tom Rotramble-
worked under him as a set-up man on coil winding operations, and
possessed the same amount of supervisory authority as assistant fore-
men. The I. A. M. and District 50 urge the exclusion of Tom Ro-
tramble; the Company urges his inclusion. We find that Tom
Rotramble is a supervisory employee within the meaning 'of our cus-
tomary definition; and we shall exclude him from the appropriate
unit as such.
We find that all employees at the Company's Benton, Illinois, plant
including shipping clerks and watchmen, but excluding office and
clerical employees, timekeepers, leadladies, assistant foremen, foremen,
and all or any other 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 of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. TILE DETERMINATION OF REPRESENTATIVES
At the hearing, the Company's personnel manager testified that
operations at the Benton plant would cease in about 4 months. The
Company contends that this factor renders an election futile at this
time. As noted above, the Company initiated operations at the Ben-
ton plant in April 1944, under a lease running from that date to April
1945. Contemplating the termination of its war contracts, the Com-
pany leased the premises on a month-to-month basis after April 1945.
Recently the Company notified the lessor that it was terminating the
current lease as of November 30, 1945. The personnel manager testi-
fied that the Company does not intend to utilize the Benton plant for
civilian manufacturing purposes. He explained that the plant's
present production of ballasts, a civilian item, is purely-an economy
measure.
As of the date of the hearing the Company had taken no steps to
carry out the intended liquidation except to terminate its lease. The
record, of course, does not disclose whether or not the sudden Japanese
surrender, which occurred after the hearing, and the removal of re-
strictions upon the manufacture of electrical appliances for civilian
consumption, have altered or affected the Company's projected shut-
down of the Benton plant. Nor has the Company given any indication
as to its plans for the employees at Benton in the event that it does
abandon that plant.7 Under the circumstances, we are of the opinion
that collective bargaining on behalf of these employees, if they desig-
nate a majority representative for that purpose, will not necessarily
' Cf Matter of Armour & Company. 62 N L R B 1194. Matter of Bernard Shapiro and
Monroe Shapiro, partners , d/b/a Reliable Nat Company, 63 N L It B. 357,
EDISON GENERAL ELECTRIC APPLIANCE CO., INC. 973
prove fruitless." We hold, therefore, that the policies of the Act will
be effectuated by conducting an election forthwith.
Accordingly, we shall direct that the question concerning repre-
sentation which has arisen be resolved by an election by secret ballot
among the employees 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."
District 50 contends that the I. A. M. should be denied a place on
the ballot because of its small showing of representation among the
employees in the unit. We are of the opinion that the interest shown-
by the intervening union, the I. A. Al., is sufficient to entitle it to a
place on the ballot.10
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 Edison General
Electric Appliance Co., Inc., Benton, 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 Directions, under the direction and
supervision of the Regional Director for the Fourteenth Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll, period im-
mediately 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 any 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
District 50, United Mine Workers of America, or by International
Association of Machinists, A. F. L., for the purposes of collective
bargaining, or by neither.
8 See Matter of Tri-State Garment Corporation , 51 N. L . R B. 1337 Cf Matter of
Gertty Whita ker Company , et al , 33 N. L . R B 393 at p 406; Matter of Brown -McClaren
Manufacturing Company, 34 N L R B 984 at p 1009
9 District 50 waived any right it may possess to object to this election because of the
charges filed against the Company in Matter of Edison General Electric Appliance Co , Inc,
Case No 14-C-1030
10 See Matter of Elgin National Watch Company, 56 N L R B 30.