General Cable Corp.

National Labor Relations Board - Board Decisions

May 27, 1943

49 N.L.R.B. 1212 (N.L.R.B. 1943)

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In the Matter'of GENERAL CABLE CORPORATION and COOPERATIVE COUN-
CIL OF CABLE & WIREWORKERS OF ADIERICA
Case No. R-5305-Decided May °.?7,194<
Mr. A. Leon Ferguson, of New York City, for the Company. •
Mr. A. Alfred Fink; of Bayonne, N. J.,, for the Council.
Mr. Lawrence F. Daly, of Washington, D. C., and Mi. Williavvz
Walker, of Philadelphia, Pa., for the I. B. E. W.
Mr. Louis Cokin; of counsel,to.the Board.
DECISION
•AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by Cooperative Council of Cable & Wire-
Workers of America, herein called the Council, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of General Cable Corporation, Bayonne, New Jersey, here-
in called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Sidney Reit-
man, , Trial Examiner. Said hearing was held at New York City,
on May 6 and 7, 1943. At the commencement of the hearing the Trial
Examiner granted a motion of Local B-868, International Brother-
hood of Electrical Workers, herein called the I. B. E. W., to inter-
vene. The Company, the Council, and the I. B. E. W. appeared at
and participated in the hearing and all parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. During the course 'of
the hearing, counsel for the I. B. E. W. moved to dismiss the peti-
tion. The Trial Examiner reserved ruling. The motion is hereby
denied. The Trial Examiner's rulings made at the hearing are, free
from prejudicial error and are hereby affirmed.
49 N. L. R. B ,, No. 179.
1212 -
GENERAL, GABLE CORPORATIO-_'__ 1213
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Cable Corporation is a New Jersey corporation with its
principal office at New York City. The Company operates plants
and factories in the States of New Jersey, New York, California,
Rhode Island and Missouri. We are concerned with its plant at
Bayonne, New Jersey, where it is engaged in the manufacture of
electrical wire and cable. During 1942, the Company purchased raw
materials for use at its Bdyoitne plant valued in excess of $1,000,000,
approximately 75 percent of which was shipped to it from points out-
side the State of New Jersey. During the same period, the Com-
pany sold finished products from its Bayonne plant valued in excess
of $1,000,000, over 50 percent of which was shipped to points outside
the State of New Jersey. The Company admits that it is engaged in
connnerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Cooperative Council of Cable & Wireworkers of America is an
unaffiliated labor organization, achnitting.to membership employees
of the Company.
Local B-868, International Brotherhood of Electrical Workers, is
a labor organization affiliated with the American Federation of La-
bdr, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Council as exclusive repre-
sentative of the employees at the Bayonne plant until such- time as
the Council is certified by the Board.
- On August 25, 1942, the Company and the I. B. E. W. entered into
an exclusive collective bargaining contract covering the employees
at the Bayonne plant. The contract provides that it shall remain in
effect until April 30, 1943, and from year to year thereafter unless
either party thereto notifies the other of a desire to terminate not
less than 30 days prior to any annual expiration date. Prior to March
30, 1943, the Company advised the I. B. E. W. that it desired to,termi-
Iiate'the their existing agreement. Inasmuch as the Company served
notice upon the I. B. E. W. of a desire to terminate, pursuant to the
August 25, 1942, contract,-we find that that contract does not con-
stitute a bar to a determination of representatives at this time. On
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1214 -, DECISLON'6 OF ' ATLONAL" LABOIR RELATIONS °BOA>PV-
April 30,1943, the Coml'aily and the I.-B: E: W. entered iilto'an agree-
ment extending the terms of the -August 25, 1942, contract until such
time as the present proceeding "is finally determined or is otherwise
disposed of" by the. Board. This latter agreement being subject to
action by the' Board is not a bar to this proceeding.
A statement of the Regional Director, introduced into evidence -,at
the hearing, indicates that the Council represents a substantial number,
of employees in the production and maintenance unit hereinafter
found to be appropriate.'
We find that a question affecting commerce lias, 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. TIIE APPROPRIATE UNIT
The Company, the Council, and the I. B. E. W. agreed at the hearing
that all production and 'maintenance, employees' at the Bayonne"plant
of the Company, including supervisors,2 inspectors, guards, factory
clerks, office and clerical employees (consisting of messengers, junior'
and intermediate clerks except in the personnel department), cafe
teria assistant, detailers, and tracers in theI plant engineering and
maintenance ,department, but excluding the plant manager, snperin-,
tendents, secretaries-stenographers'' to department heads, depart-
mental heads, foremen, equipment engineers and designers in the plant
engineering and maintenance department,, chief plant electrician, as-
sistant to superintendent of mechanical departments; draftsmen in
plant engineering and maintenance department, all employees in the
'personnel department, accountants, production supervisor, and senior
clerks in production control department, product stanclarcls engineer
and assistant product standards engineer in product engineering de-'
partment, chief plant chemist, order and specification clerk (first and
second, grades), laboratory assistants in product engineering depart-
ment; time-study men A and B, special assignment employees in time-
study department, chief of guards, fire chief, sergeant of guards,
identification clerks, supervisor of process inspection, supervisors of
final inspection and test,, supervisor of mechanical stores, and PBX
and TWX operators, constitute an appropriate unit. • '
We hereby adopt the stipulation of the parties except insofar as it
1 The Regional Director reported that the Council presented,400 membership application
cards bearing apparently genuine signatures of persons whose names appear,on the Com-
pany's pay roll of March 25, 1943. There are approximately 892 employees in the produc-
tion` and maintenance appropriate unit. The I B E W relies' upon its'conti act as evi-
dencp of its representation. ,
The parties agreed that the term "supervisors" does not include foremen or employees
of rank similar to foremen. We shall include only such "supervisors" as do, not have
authority to recommend hire or discharge
GENERAL CABLE CORPORAft'ION 1215
includes guards in the unit and includes. "supervisors" who .have
authority to recommend hire or discharge. The, Company employs
25 guards, all of whom are uniformed' and swoin as United, States
auxiliary military police., In addition, 22 of the guards are armed.
In accordance with our usual practice, )ye,shall exclude guards from
the, production and ' maintenance unit. We find, however, that all
guards employed by the Company, excluding supervisory. employees,
constitute a separate appropriate unit.
We find, that the following employees constitute-units appropriate'
for the purposes of collective bargaining,- within the meaning of
Section 9 (b) of the Act: ,
(1) All production and, maintenance employees at the Bayou ne
plant of the Company, including supervisors who do not have, author-
ity to recommend hire or discharge, inspectors, factory, clerks, office
and clerical employees .( consisting of messengers , junior and interme-
diate clerks except in_the personnel department), cafeteria assistant,
detailers, and tracers in the plant engineering and maintenance depart-
ment, but excluding the plant manager, superintendents, secretaries-
stenographers to department heads, department heads,, foremen, equipT
nuciit engineers, and,designers,in the plant engineering'aiid,mainte-
nance department , chief plant electrician , assistant to superintendent
of mechanical departments , darftsmen in plant engineering and main-
tenance department , all employees in the personnel department, ac-
couiitaiits , production supervisor , and senior clerks in production,
control department , product standards engineer and assistant product
standards engineer in product engineering department, chief plant
chemist, order and specification clerk (first and second grades), lab-
oratory assistants in product engineering department, time-study inen
A and B, special assignment employees in time-study department, fire
chief, identification clerks , supervisor of process inspection , super-
visors of final inspection and test, supervisor of mechanical stores,
PBX and TWX operators , and all guards;
(2) All guards employed by the Company excluding supervisory
employees.
V. THE DETERMINATION OF? REPRESENTATIVES
We shall direct that the question concerning representation which
has, arisen be resolved by means of elections by secret ballot among
the employees in the appropriate units who were employed during the
payroll, period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth in
the Direction.
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,
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1216 DECISIONS OF NAITIOTNIAL LABOR RELATIONS BOARD
and pursuant to Article III, Section 9, of National Labor Relations
BoardRules . and Regulations-Series 2, as amended , it is hereby
DHiECTED that, as part of the investigation to ascertain representa.
ti'ves for the ,purposes of collective bargaining with General Cable
Corporation, Bayonne, New Jersey, 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,
Section 10, of said Rules and Regulations , among the employees in the
Units found ' approprite 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 , to determine , with respect to
etich unit, , whether they desire to be represented , by Cooperative
,Council of Cable & Wireworkers of America , or by Local B-868, Inter-
national Brotherhood of Electrical Workers ( A. F. of L.), for the
purposes of collective bargaining , or by neither.
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