Federal Telephone and Radio Corp.

National Labor Relations Board - Board Decisions

Sep 18, 1945

63 N.L.R.B. 947 (N.L.R.B. 1945)

In the Matter Of FEDERAL TELEPHONE AND RADIO CORPORATION and
INTERNATIONAL FEDERATION OF ARCHITECTS , ENGINEERS , CHEMISTS
& TECHNICIANS, METROPOLITAN CHAPTER 31, CIO
In the Matter Of FEDERAL TELECOMMUNICATION LABORATORIES, INC. and
INTERNATIONAL FEDERATION OF ARCHITECTS , ENGINEERS, CHEMISTS
& TECHNICIANS, METROPOLITAN CHAPTER 31, CIO
Cases Nos. 0-RD524 and 2-R--6513, respectively.Decided
September 18, 19.45
Mr. C. D. Hilles, Jr., of New York City, and Mr. H. H. Burrell, of
Newark, N. J., for the Companies.
Neuberger, Shapiro & Rabinowitz, by Messrs. Victor Rabinowitp and
Martin M. Cooper, of New York City, for the Union.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Federation of
Architects, Engineers,, Chemists & Technicians, Metropolitan Chapter
31, CIO, herein called the Union, alleging that questions affecting
commerce had arisen concerning the representation of employees of
Federal Telephone and Radio Corporation, Newark, New Jersey, and
Federal Telecommunication Laboratories, Inc.,' New York City,
herein collectively referred to as the Companies and severally, as
Federal and Laboratories, respectively, the National Labor Relations
Board consolidated the cases and provided for an appropriate hearing
upon due notice before John J. Cuneo, Trial Examiner. The hearing
was held at Newark, New Jersey, and New York City, on June 25, 26,
1 Since the hearing, the assets and personnel of Federal ' s laboratories division were
transferred to Laboratories , which is a newly formed corporation and a wholly owned
subsidiary of Federal . The parties have agreed , in a stipulation dated September 7, 1945,
which is hereby incorporated in and made part of the record, that the petition in Case
No. 2-R-5513 be amended to include the name of Laboratories and that the Board proceed
to a determination as though Laboratories had been named in the petition and had appeared
and participated in the hearing
63 N. L. R. B, No. 151.
662514-46-vol. 63-61 947
948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and 27, 1945. The Companies and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. TILE BUSINESS OF THE. COMPANIES
Federal Telephone and Radio Corporation, a .Delaware corporation
having its principal office in New York City and an administrative
office in Newark, New Jersey, is engaged in the manufacture, sale, and
distribution of electronic devices and communication and electrical
equipment at more than 35 plants located in Newark,.New Jersey, and
its environs. Federal Telecommunication Laboratories, Inc., a re-
cently organized Delaware corporation having its principal office and
place of business in New York City, is a wholly owned subsidiary of
Federal engaged in the research and development of electronic devices,
Its operations are closely integrated with those of Federal. Labora-
tories formerly consisted of the laboratories division of Federal.
During the year preceding June 1, 1945, the Companies purchased raw
materials for use in their operations valued at more than $1,000,000,
of which in excess of 50 percent was shipped into the State of New
Jersey from points outside the State. During the same period, the
Companies manufactured finished products valued at more than
$75,000,000, of which approximately 90 percent was shipped out of
the State.
The Companies admit that they are engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Federation of Architects, Engineers, Chemists &
Technicians, Metropolitan Chapter 31, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Companies.
III. TILE QUESTIONS CONCERNING REPRESENTATION
The Companies have refused to recognize the Union as the collective
bargaining representative of any of their employees unless and until
it is certified by the Board in an appropriate unit or units.
A statement of the Regional Director, introduced into evidence at
the hearing, declares that the Union has made a showing of substantial
FEDERAL TELEPHONE AND RADIO CORPORATION 949
interest among the employees in each of the units defined in its
petitions.
We find that questions affecting commerce have arisen concerning
the representation of employees of the Companies, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS; THE DETERMINATION OF REPRESENTATIVES
Position of Parties
At the hearing the parties agreed that separate units of engineering
and non-engineering salaried employees, respectively, were appro-
priate. They disagreed, however, as to the scope of such units; the
Union seeks units confined to the employees of each company; the
Companies urge that the units include the employees of both Com-
panies. The Union would thus have four units, whereas the Com-
panies advocate only two units. The parties have agreed generally
as to the composition of the various units; they disagree only with re-
spect to the inclusion or exclusion of office and clerical employees of
Laboratories, draftsmen designers of both Companies, shop employees
of Laboratories, and senior engineers of both Companies.
The Scope of the Units
As stated above, the parties are in disagreement as to whether the
units agreed upon shall include comparable employees of both Com-
panies or shall be limited to each company, respectively. In our
opinion, the evidence points to the equal propriety of two-company
or single-company units.
Favoring the establishment of two-company units are the follow-
ing facts: Laboratories was formerly a division of Federal engaged
in research and development work. Although for internal reasons the
assets and personnel of the former laboratories division were trans-
ferred to a newly created corporation whose stock is entirely owned by
Federal, the relationship of Federal to its former laboratories division
has remained substantially unchanged. The, two corporations are
under the same general management and control. The Companies
have a common personnel policy. A single salary schedule approved
by the United States Treasury and a single wage plan accepted by the
War Labor Board cover the employees of both Companies. Such em-
ployee benefits as sickness and accident insurance and pension plans
are identical for the two corporations. Although at the present time,
because of the rapid expansion of the Companies' business resulting
from wartime conditions, Laboratories has its principal place of busi-
ness in New York City and Federal has its plants located at various
places in and around Newark, New Jersey, the two Companies are
ultimately expected to occupy the same tract of ground at Nutley,
950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
New Jersey. Already a building to house a large part of Laboratories'
functions has been erected on this site and Laboratories will move its
equipment and personnel to the new location in the near future.
Emphasizing the closeness of the relationship of the Companies is
the fact that when new models or products developed by Laboratories
are put into production by Federal, the former's engineers often help
engineers of the latter to eliminate difficulties which arise in the man-
ufacturing process. Finally, the Union has organized 'the employees
of both Companies with the exception of the office and clerical
employees of Laboratories. In view of the common ownership and
control of both corporations and their common policies, we find that
Laboratories and Federal are a single employer within the meaning
of Section 2 (2) of the Act.
On the other hand, there are sufficient lines of demarcation between
the two Companies to indicate the feasibility of single-company units.
Laboratories and Federal are separate corporate entities. Although
the Companies are engaged in the same general enterprise, their op-
erations are different. Laboratories confines its activities to research
and development work; Federal is engaged in manufacturing. Each
company has its own personnel and industrial relations offices and
does its own buying.
Inasmuch as we are of the opinion that either single-company or
two-company units are appropriate, we shall make no final unit
determination at this time, but shall be guided by the desires of the
employees involved as expressed in the elections ordered hereinafter.
In the event that the employees in the comparable voting groups of
both Companies, described hereinafter, voting separately select the
Union, they shall together constitute a single appropriate unit.
Senior engineers: There are employees in this category employed by
both Companies. The Union seeks to exclude them as supervisors;
the Companies admit that senior engineers who act as section or
department heads are supervisors, but deny that other senior engineers
come within that classification, and therefore -urge their inclusion.
Senior engineers who are neither section nor department heads may
direct the technical work of one or more assistants or subordinates.
The evidence reveals, however, that they have no power to change or
effectively recommend a change in the status of such subordinates.
We are of the opinion that the senior engineers, except those who
function as section or department heads, are not supervisors within
the Board's customary definition; we shall, therefore, include them in
the engineering voting groups.
Draftsmen designers: The Union desires to include draftsmen de-
signers in the engineering unit; the Companies contend that they
oought to be included in the non-engineering unit. Some of the work
FEDERAL TELEPHONE AND RADIO CORPORATION 951
of the draftsmen designers overlaps that of design engineers who
are agreed inclusions in the engineering unit, but in their educational
background, work and working conditions generally they are more
closely allied to draftsmen, who are agreed inclusions 'in the non-
engineering unit, than to design engineers. Draftsmen designers
originate and plan lay-outs of equipment, as do the design engineers,
but the work of the former is of less complexity. Draftsmen de-
signers normally work in close association with draftsmen and spend
practically all of their time at the drawing board; design engineers
spend little time at the drawing board. Draftsmen designers unlike
design engineers are not required to make necessary engineering cal-
culations to accomplish and prove designs. Draftsmen designers
punch a time clock as do draftsmen; design engineers do not. Drafts-
men designers, like draftsmen, are not considered to be professional
employees and therefore receive time and one-half for hours worked
in excess of 40; design engineers receive no compensation for over-
time worked on weekdays and only straight time for Saturday and
Sunday work. Finally, the educational and experience requirements
for the two positions differ: draftsmen designers are required to have
only 4 years of high school education and 6 years of drafting ex-
perience, whereas the design engineers, in addition to 4 years in high
school, must have technical engineering education which is considered
to be 3 or 4 years in college plus a minimum of 10 years drafting and
design experience. We are of the opinion, therefore, that the inter-
ests of the draftsmen designers are more closely identified with those
of draftsmen than design engineers. Accordingly, we shall include
,them in the same non-engineering voting groups in which the drafts-
men are hereinafter included.
Shop employees at Laboratories: The Union would include these
employees in the non-engineering unit; the Companies desire to ex-
clude them, contending that they properly belong in the same unit as
the hourly paid production and maintenance employees of Federal
now represented for collective bargaining purposes by United Elec-
trical, Radio and Machine Workers of America, CIO, hereinafter
called the UE. Laboratories employs various classifications of me-
chanics of different grade and skill to do the necessary mechanical
work connected with research and development. These mechanics,
unlike mechanics employed by Federal, are salaried employees. Gen-
erally, the most highly skilled mechanics at Laboratories; those classi-
fied as experimental mechanics, are more skilled and perform more
diversified work than comparable production employees. But the less
skilled mechanics at Laboratories differ little from comparable hourly
paid production employees. Although the Companies now contend
that these shop employees belong in the same unit as the hourly paid
production and maintenance employees, the contract between UE
952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and Federal expressly excludes all employees at Laboratories during
the term of the agreement regardless of location. The UE has adhered
to this provision of the contract and has never, so far as appears from
the record, attempted to represent any of them. The UE lias further
demonstrated its lack of present interest in the shop employees by
failing to appear at the hearing although it was served with notice
thereof. In view of the specific exclusion of Laboratories' employees
from the contract between the UE and Federal and the rigid adherence
to that contract by the contracting parties, we regard the Companies'
contention for the total exclusion of shop employees from any unit
herein found appropriate as untenable. Although we reject the Com-
panies' contention, we are nevertheless of the opinion that the work and
interests of the shop employees differ from that of the other employees
in the non-engineering unit and that they may be more effectively
represented for collective bargaining interests in a separate unit. Ac-
cordingly, we shall establish a separate unit for shop employees at
Laboratories.
O face and clerical employees o f Laboratories: The Union desires
to include office and clerical employees in the salaried non-engineering
unit at Federal but to exclude similar office and clerical employees from
the salaried non-engineering unit at Laboratories; the Companies
contend that they should be included in both units. It is conceded that
the office and clerical employees at both Companies perform ordinary
clerical duties and that there is nothing in their duties which would
warrant their inclusion in the non-engineering unit of Federal em-
ployees and their exclusion from the same unit at Laboratories. The
basis for the Union's desire to exclude the clerks of Laboratories is
that organization has not been extended to such employees. We find
in this fact no adequate reason for including office and clerical em-
ployees in one non-engineering unit and excluding them from the other.
We shall, therefore, include office and clerical employees in both*of the
non-engineering voting groups.
We find that all shop employees at Laboratories including experi-
mental tool and die makers, tool and die makers, tool makers, experi-
mental machinists, machinists first class, machinists second class, ma-
chinists third class, machinist helpers, experimental sheet metal work-
ers, sheet metal workers first class, sheet metal workers second class,
experimental sheet metal workers and machinists 1/c, sheet metal -
workers first class and machinists 1/c, experimental metal spinners,
experimental assemblers and welders-vacuum tube, assemblers and
welders-vacuum tube, mounters-vacuum tube first class, instruc-
tors and experimental glass blowers, experimental glass blow-
ers, glass blowers second class, experimental mechanic assemblers,
mechanic assemblers first class, mechanic assemblers second class, in-
strument makers, model makers, aviation mechanics, combination
FEDERAL TELEPHONE AND RADIO CORPORATION 953
welders, experimental engravers, experimental painters, lathe opera-
tors first class, wiremen first class, wiremen second class, tool and
stock clerks, stock and material clerks, inspectors intermediate, tool
and die inspectors, inspectors, inspectors junior, and section leaders,
but excluding maintenance employees, guards, chefs, cooks, counter-
men, matrons, nurses, hostesses, porters, chief inspectors, general fore-
men, foremen senior and all other supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
We shall direct that five separate elections by secret ballot be held
among the employees in the unit found appropriate above and in the
four voting groups described below who were employed during the
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth
in the Direction :
(1) All salaried engineering employees at Federal's plants located
in Newark, New Jersey, and environs, including engineers, assistant
engineers, junior engineers, intermediate engineers, engineers' assist-
ants, laboratory assistants, and senior engineers who are not section or
department heads, but excluding senior engineers who are section or
department heads, all engineers having classifications above that of
senior engineer, draftsmen designers, sales engineers, all employees
listed on Appendix A, attached hereto, 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.
(2) All salaried non-engineering employees 2 at Federal's plants
located in Newark, New Jersey, and environs, including draftsmen,
draftsmen designers, detailers, tracers, office and clerical employees,
business machine operators, typists, stenographers, secretaries other
than confidential secretaries, telegraph and telephone operators, re-
ceptionists, statisticians, analysts, timekeepers, coordinators, planners,
buyers, estimators, schedulers, expediters, storeroom employees, edi-
tors, copy writers, commercial artists, translators, paper cutters, pho-
tographers, and plate makers, but excluding all employees listed on
Appendix A, attached hereto, and all supervisory employees with au-
thority' to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees or effectively recommend such
action.
(3) All salaried engineering employees of Laboratories including
employees stationed at laboratories and testing stations in Nutley, New
2 This includes foremen-packers
954 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Jersey, New York City, Great River, Long Island, Rye Lake, New
York, and Telegraph Hill, New Jersey, including engineers, assistant
engineers, engineers' assistants, engineers' assistants (junior engi-
neers), junior engineers, laboratory assistants, senior laboratory tech-
nicians, senior engineers who are not section or department heads, but
excluding directors of laboratory, senior and other engineers who
are department or section heads, draftsmen designers, sales engineers,
and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees or effectively recommend such action.
(4) All salaried non-engineering employees of Laboratories includ-
ing employees stationed at laboratories and testing stations in Nutley,
New 'Jersey, New York City, Great River, Long Island, Rye Lake,
New York, and Telegraph Hill, New Jersey, including draftsmen de-
signers, lay-out draftsmen, detailers, office and clerical employees,
supply specialists junior, expediters, procurement planners, pur-
chasing assistants, dispatchers standard, production coordinators,
blueprint machine operators, vari-typists, operators service machine,
telegraph and telephone operators, calculating machine operators, tech-
nical assistants, messengers, secretaries, stenographers and typists, but
excluding all employees included in the shop employees unit found
appropriate above, director of laboratories, administrative director,
administrative, manager, assistant administrative manager, industrial
relations manager, division accountant, personnel section head, as-
sistant office manager, contract section head, general accountants, as-
sistant purchasing manager, administrative assistants, safety and
plant protection supervisor, maintenance section supervisor, personnel
representatives, personnel service clerks, personnel interviewers, per-
sonnel records clerks, secretaries (personnel), secretaries (executive),
stenographers (personnel), typists (personnel), maintenance em-
ployees, guards, chefs, cooks, countermen, matrons, hostesses, porters,
nurses, and all other supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action.
As stated above, there will be no final determination of the appro-
priate engineering and non-engineering units pending the results of
the elections.
DIRECTION OF ELECTIONS
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 Federal Telephone
and Radio Corporation, Newark, New Jersey, and Federal Telecom-
FEDERAL TELEPHONE AND RADIO CORPORATION 955
Tnunication Laboratories, Inc., New York City, separate elections 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 Second 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 appropriate unit and the'vot-
ing groups described 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 in-
cluding employees in the armed forces of the United States who,pre-
sent 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 elections, to determine
in the appropriate unit and each of the voting groups whether or
not they desire to be represented by International Federation of
Architects, Engineers, Chemists & Technicians, Metropolitan Chap-
ter 31, CIO, for the purposes of collective bargaining.
APPENDIX A
TREASURY SCHEDULE
TITLE
Accountant A, B, and C
Administrative Assistant-Junior, Semi-Senior, and Senior
Cashier
Chief Draftsman
Chief Inspector-Junior, Intermediate, and Senior
Chief Inspector, Assistant-Junior and Intermediate
Commercial Manager, Product Line-Inter. and Senior
Commercial Manager, Assistant-Product Line
Commercial Representative-Government Contracts
Commercial Supervisor, Assistant and Senior
Cost Accountant A, B, and C
Expediter-Chief
Fire Chief
Foreman, Assistant
Foreman, General
Foreman, Senior
Foreman, Machine or Model Shop
Inspector-Plant Police
Insurance Supervisor
Lieutenant of Police
Manager-Nutley Club
Methods Accountant A and B
956 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Office Manager-Junior
Personnel Analyst
Personnel Representative-Assistant
Personnel Representative-Senior
Personnel Sales Representative
Plant Protection Superintendent
Police Chief
Priorities Representative-Junior
Priorities Representative-Washington
Production Control Manager-Intermediate and Senior
Production Planner-Chief
Production Scheduler-Chief
Purchasing Manager
Purchasing Manager-Central Stock-Procurement and Control
Purchasing Manager-Assistant and Intermediate
Purchasing and Priorities Manager-Assistant and Senior
Recreation Director
Restaurant Manager
Safety Inspector (Personnel Dept.)
Sales Representative
Sales Representative-Senior
Superintendent of Maintenance-Product Line
Superintendent of Maintenance=Division
Supervisor-Assistant Building
Supervisor-Car Control
Supervisor-C. M. P.-Product Line
Supervisor-Assistant-Central C. M. P.
Supervisor-Assistant-Central Priorities and Allocations
Supervisor-Coordinator and Records
Supervisor-Factory Porters
Supervisor-Field Inspectors
Supervisor-Follow-up
Supervisor of Garage
Supervisor, Assistant-Government Contracts
Supervisor-Material Control
Supervisor-Material Control-Special-Vacuum Tube Div.
Supervisor-Material Procurement
Supervisor-Material Specifications
Supervisor-Meter Repair
Supervisor-Order Analysis-Junior and Intermediate
Supervisor-Outside Expediters
Supervisor-Assistant-Priorities
Supervisor-Priorities-Junior
Supervisor.-Procurement Planners-Junior, Intermediate, and
Senior ,
FEDERAL TELEPHONE AND RADIO CORPORATION
Supervisor-Print Shop
Supervisor-Production Control-Junior and Intermediate
Supervisor-Scheduling
Supervisor-Shipping and/or Receiving Div.
Supervisor-Stock Records
Supervisor-Stores
Supervisor-Sub-Contracting-Assistant
Supervisor-Sub-Contract-Product Line
Supervisor-Tabulating Department-Asst.
Supervisor-Tabulating Department
Supervisor-Tabulating Machine
Supervisor-Telephone, Telegraph, Inter-office Communication
Supervisor, Test and; or Inspection-Asst.
Supervisor, Test and/or Inspection-Senior
Supervisor-Test-Vacuum Tube
Traffic Manager, Central Control-Asst.
Traffic Manager-Central Control
Traffic Manager-Product Line
Training School Manager
Assistant Treasurer
W. L. B. SCHEDULE
Clerk, Identification-Chief-1040
Clerk, Personnel Record-1010, 1020, 1031
Clerk Personnel Service-1040 and 1050
Contract Specialist-1060°
Dispatcher-1041, 1050
Interviewer-1050, 1060
Junior Salesman-1071, 1080
Nurse-Chief-1070
Head Nurse-1055
Nurse
Restaurant Manager-Assistant-1051
Sales Assistant-10501 1060
Secretary-1050, 1070
Supervisor-Clerks-1051
Supervisor-Mail Department-1051, 1060
Supervisor, Assistant-Print Shop-1040
Supervisor-Record Room-1031
Supervisor-Reproduction Section-1060
Supervisor-Shipping and/or Receiving -1070
Supervisor-Stenographer-1040
Supervisor-Telegraph Operator-1040
Telephone Operator-Chief-1051
Truck Dispatcher-1060
957