Electronic Laboratories, Inc.

National Labor Relations Board - Board Decisions

Feb 6, 1946

65 N.L.R.B. 840 (N.L.R.B. 1946)

In the Matter of ELECTRONIC LABORATORIES, INC. and UNITED ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA, CIO
Case No. 11-B-862.-Decided February 6,1946
Messrs. Carl Wilde, Albert M. Campbell, Owen J. Neighbours, and
Harry C. May, all of Indianapolis, Ind., for the Company.
Mr. Robert Kirkwood and Miss Henrietta Chandler, of Indian-
apolis, Ind., for the Union.
Mr. Philip Licari, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Electrical, Radio
cC Machine Workers of America, CIO, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Electronic Laboratories, Inc., Indianapolis,
Indiana, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Clifford L. Hardy, Trial Examiner. The hearing was held at Indian-
apolis, Indiana, on October 3, 1945. The Company and the Union
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial 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
Electronic Laboratories, Inc., an Indiana corporation, is engaged in
the manufacture of electronic products at its several plants in Indian-
apolis, Indiana. During the past year the Company purchased raw
materials valued in excess of $200,000, of which 80 percent was shipped
65 N. L . R. B., No. 148.
840
ELECTRONIC LABORATORIES, INC. 841
from points outside the State of Indiana. During the same period,
the Company sold finished goods valued at approximately $300,000,
of which in excess of 80 percent was shipped to points outside the
State of Indiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until it has been
certified by the Board in an appropriate unit.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial 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.
IV. THE APPROPRIATE UNIT
The Company and the Union agree that all the Company's produc-
tion and maintenance employees at its several Indianapolis, Indiana,
plants, including machinists and jig and fixture makers in the Methods
and Process Department,2 plant guards, matrons, janitors, stockroom,
and Shipping and Receiving Department employees, but excluding
office, clerical, and supervisory employees, constitute the appropriate
unit. They are in dispute, however, concerning the inclusion of cer-
tain categories of employees hereinafter discussed.
Engineering Department employees: This department is comprised
of several categories of employees ,3 all of whom work under a separate
supervision and, with few exceptions, are all located in a building
apart from the ones in which the regular production and maintenance
'The Field Examiner reported that the Union submitted 292 authorization cards, and
that there were approximately 623 employees in the alleged appropriate unit.
2 Except for these employees , the parties agreed to exclude all other workers in this
department.
a Included in the Engineering Department are model makers , draftsmen , drafting room
helpers , and crib attendants . Although the crib attendants , who are charged with the
issuance of blueprints to the foremen, are located throughout the several production
plants, they are an integral part of the Engineering Department.
842 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees work. The Company desires their inclusion in the unit,
whereas the Union seeks their exclusion. Since it is clear that the
interests and duties of these employees differ substantially from those
of the Company's regular production and maintenance employees, we
shall exclude them.
Specialists: There are approximately eight employees who, because
of their seniority and superior skills, are called "specialists" and, at
times, are assigned to instruct other employees. Although the Com-
pany desires their inclusion, the Union would exclude them on the
ground that they function as supervisors. However, the record is
clear that these employees do not possess supervisory authority within
the Board's definition of that term; we shall include them.
Group leaders: The Company, on occasion, assigns certain experi-
enced employees to assist the supervisors in expediting the work of
other production employees. The work of these so-called group lead-
ers consists mainly in helping and instructing less experienced
workers. It is clear, however, that they do not exercise supervisory
authority within our customary definition thereof. We shall include
them.
Timekeepers: The timekeepers are engaged in keeping records of
the time spent by employees in production. Although they work near
the production employees, they are under the jurisdiction and super-
vision of the Company's Cost Accounting Department. The Com-
pany desires their inclusion, but the Union seeks to exclude them.
In accordance with our customary practice, we shall exclude the time-
keepers.
Nurses: These employees are graduate and registered nurses and
perform the usual functions associated with their classification; ad-
minister first aid and give routine clinical care to the Company's
employees. Inasmuch as the duties of these employees are of a pro-
fessional character, we shall exclude them.
We find that all the Company's production and maintenance em-
ployees engaged at its several Indianapolis, Indiana, plants, including
machinists and jig and fixture makers in the Methods and Process
Department, plant guards, matrons, janitors, stockroom, and Shipping
and Receiving Department employees,4 specialists, and group leaders,
but excluding all office and clerical employees, Engineering Depart-
ment employees, Methods and Process Department employees, time-
keepers, nurses, 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
4 Excluded from this category are Marv Knoebel, Marjorie Lash, Emily Curry, Martha
Baker, Betty Van Flack and Lois Applegate, whom the parties would exclude on the
ground that they are clerical employees.
ELECTRONIC LABORATORIES, INC. 843
an appropriate unit for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 Electronic Labora-
tories , Inc., Indianapolis , Indiana, 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 Eleventh 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 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 or not they desire to be represented by United
Electrical , Radio & Machine Workers of America, CIO, for the pur-
poses of collective bargaining.