Federal Telephone and Radio Corp.

National Labor Relations Board - Board Decisions

Nov 7, 1945

64 N.L.R.B. 745 (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
fn the Matter of FEDERAL TELECOMMUNICATION LABORATORIES, INC.,
and INTERNATIONAL FEDERATION OF ARCHITECTS, ENGINEERS, CHEM-
ISTS & TECHNICIANS, METROPOLITAN CHAPTER 31, CIO
Cases Nos. 2-R-55 1 and 'f-R 5513, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 7, 1945
On October 10, 1945, pursuant to the Decision and Direction of
Elections issued by the Board herein on September 18, 1945,1 elections
by secret ballot were conducted under the direction and supervision of
the Regional Director for the Second Region (New York City). Upon
the conclusion of the elections Tallies of Ballots were furnished the
parties in accordance with the Rules and Regulations of the Board.
The Tallies show that the Union secured a majority of the valid votes,
cast in Unit A and in Group 2 but failed to secure such a majority in
Groups 1, 3 and 4.2
No objections have been filed by either of the parties to the elections
in Unit A and Group 2, but the Union has filed objections, which are
now pending, to the elections in Groups 1, 3 and 4, which it lost. In
its Decision, the Board found that Unit A constituted an appropriate
unit but withheld any determination pending the results of the elec-
tions as to whether Groups 1, 2, 3, and 4 should constitute four separate
units or should be combined to form only two units, comprising Groups,
1 and 3 in one unit and Groups 2 and 4 in another.
On October 24, 1945, the Union filed a written motion with the
Board requesting immediate certification as the collective bargaining
representative of employees in Unit A and Group 2. No objection
1 63 N. L . R. B. 947.
' In Unit A there were approximately 182 eligible voters, of whom 100 voted for the
Union, 59 against and 11 were challenged . In Group 2 there were approximately 155P
eligible voters, of whom 684 voted for the Union, 478 against and 70 were challenged.
In both cases the challenges were insufficient in number to effect the results of the elections.
64 N. L. R. B., No. 129.
745
"746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to the granting of the said motion has been made by the Companies.
In accordance with the Union's request, we shall certify it as the
collective bargaining representative of the employees in Unit A and
Group 2, respectively, inasmuch as the Union has secured a majority
of the votes cast in the elections in both of these groups and no
objections to the said elections have been filed by any of the parties.
In view of the determination in our Decision and Direction of Elec-
tions that the employees in Groups 2 and 4 may together constitute
a single unit depending on the outcome of the elections and in view of
the present undetermined status of the election in Group 4, our
,certification of the Union as the collective bargaining representative
of the employees in Group 2 shall be without prejudice to any subse-
quent determination that employees in Groups 2 and 4 constitute a
single appropriate unit.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the Board by
Section 9 (c) of the National Labor Relations Act, and pursuant to
Article III, Sections 9 and 10, of the Board's Rules and Regulations-
Series 3, as amended,
IT IS HEREBY CERTIFIED that International Federation of Architects,
Engineers, Chemists S, Technicians, Metropolitan Chapter 31, CIO,
has been designated by a majority of the employees in each of the fol-
lowing units as their representative for the purposes of collective
bargaining, and that pursuant to Section 9 (a) of the Act, the said,
organization is the exclusive representative of all the employees in
both units for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment :
(a) All shop employees of Federal Telecommunication Labora-
tories, Inc., New York City and Nutley, New Jersey, including ex-
perimental tool and die makers, tool and die makers, tool makers,
experimental machinists, machinists first class, machinists second class,
machinists third class, machinist helpers, experimental sheet metal
workers, 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, instructors
and experimental glass blowers, experimental glass blowers, glass
blowers second class, experimental mechanic assemblers, mechanic
assemblers first class, mechanic assemblers second class, instrument
makers, model makers, aviation mechanics, combination welders, ex-
FEDERAL TELEPHONE AND RADIO CORPORATION 747
perimental engravers, experimental painters, lathe operators 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 main-
tenance employees, guards, chefs, cooks, countermen, matrons, nurses,
hostesses, porters, chief inpectors, general foremen, foremen senior
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;
(b) All salaried non-engineering employees of Federal Telephone
and Radio Corporation, Newark, New Jersey, and environs, including
draftsmen, draftsmen designers, detailers, tracers, office and clerical
employees, business machine operators, typists, stenographers, secre-
taries other than confidential secretaries, telegraph and telephone
operators, receptionists, statisticians, analysts, timekeepers, coordina-
tors, planners, buyers, estimators, schedulers, expediters, storeroom
employees, editors, copy writers, commercial artists, translators, paper
cutters, photographers, plate makers and foremen packers, but exclud-
ing all employees listed on Appendix A attached to the Decision and
Direction of Elections, 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.
Mx. GERARD D. REILLY took no part in the consideration of the
above Supplemental Decision and Certification of Representatives.