General Cable Corp.

National Labor Relations Board - Board Decisions

Sep 2, 1943

52 N.L.R.B. 363 (N.L.R.B. 1943)

In the Matter of GENERAL CABLE CORPORATION and AMERICAN FEDERA-
TION OF LABOR , FEDERAL LOCAL 23332
Case No. R-5542.-Decided September 2, 1943
Mr. A. L. Fergenson, of New York City, for the Company.
Mr. Neil J. Cunningham, of Buffalo, N. Y., for the A. F. of L.
Mr. Herbert Welch, of Buffalo, N. Y., for the United.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by American Federation of Labor, Federal
Local 23332, herein called the A. F. of L., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of General Cable Corporation, Buffalo, New York, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Peter J. Crotty, Trial
Examiner. Said hearing was held at Buffalo, New York, on June 18,
1943. At the commencement of the hearing, the Trial Examiner
granted a motion of Local Union No. 208, United Rubber Workers of
America, C. I. 0., herein called the United, to intervene. The Com-
pany, the A. F. of L., and the United appeared at and participated
in the hearing and were afforded full opportunity to be heard, to ex-
amine 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
General Cable Corporation is a New Jersey corporation operating a
plant at Buffalo , New York, with which we are here concerned, where
52 N. L . R. B., No. 52.
363
364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
it is engaged in the manufacture of wire cable. During 1942 the Com-
pany used raw materials at its Buffalo plant valued in excess of $1,000,-
000, over 50 percent of which was shipped to it from points outside
the State of New York. During the same period the Company manu-
factured products at its Buffalo plant valued in excess of $1,000,000,
over 50, percent of which was shipped to points outside the State of
New York. The Company admits, for the purpose of this proceeding,
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
American Federation of Labor, Federal Local 23332 is a labor or-
ganization admitting to membership employees of the Company. -
Local Union No. 208, United Rubber Workers of America, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the A. F. of L. or the United as
the exclusive collective bargaining representative of the guards at the
Buffalo plant until such time as one or the other is certified by the
Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the A. F. of L. and the United each
represents a substantial number of employees in the unit hereinafter
found to be appropriate. 1
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 A. F. of L. and the United contend that all plant-protection em-
ployees at the Buffalo plant of the Company, excluding the superin-
tendent of protection, chief of guards, chief of fire protection, and
sergeants of guards, constitute an appropriate unit. The Company
contends that plant-protection employees do not constitute an appro-
priate unit.
The Company's plant-protection force consists of 26 employees, all
of whom are armed and sworn United States auxiliary military police.
I The Field Examiner reported that the A. F. of L . presented 16 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of May a 30, 1943. He further reported that the United presented nine mem-
bership application cards bearing apparently genuine signatures of persons whose names
appear on that pay roll. There are 26 employees in the appropriate unit.
GENERAL CABLE 0ORPORATION-1 365
The United States Army has formulated certain employment stand-
ards applicable to the plant-protection employees. Nevertheless, these
employees are hired and paid by the Company and in all essential
respects the customary employer-employee relationship is preserved.
In view of these facts and for the reasons stated in the Dravo case, we
find no merit in the Company's contention?
We find that all plant-protection employees at the Buffalo plant of
the Company, excluding the superintendent of protection, chief of
guards, chief of fire protection, and sergeants of guards, and any other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, 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 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 means of 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.
The A. F. of L. requests that it appear on the ballot as "A. F. of L."
The United requests that it appear on the ballot as "United Rubber
Workers of America, Local 208, C. I. 0." The requests are hereby
granted.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board of 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 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with General Cable
Corporation, Buffalo, New York, 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 Third 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 em-
ployees in the unit found appropriate in Section IV, above, who were
2 See Matter of Dravo Corporation , 52 N. L . R. B. 322, and cases cited therein , issued
August 30, 1943.
366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 whether
they desire to be represented by the A. F. of L., or by United Rubber
Workers of America, Local 208, C. I. 0., for the purposes of collective
bargaining, or by neither.
CHAIRMAN Mu.Lis took no part in the consideration of the above
Decision and Direction of Election.
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