General Electric Co.

National Labor Relations Board - Board Decisions

Oct 24, 1940

27 N.L.R.B. 1082 (N.L.R.B. 1940)

In the Matter of GENERAL ELECTRIC COMPANY and LODGE No. 70,
INTERNATIONAL ASSOCIATION OF MACHINISTS
In the Matter of GENERAL ELECTRIC COMPANY and UNITED ELEC-
TRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL No. 901
In the Matter of GENERAL ELECTRIC COMPANY and PATTERN MAKERS
LEAGUE OF NORTH AMERICA, PATTERN MAKERS ASSOCIATION OF FORT
WAYNE
Cases Nos. R-285, R-286, and R-1464
SECOND SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
October 04, 1940
On February 29, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections,' and
on March 23, 1940, a Supplemental Decision and Amendment to
Direction of Elections,2 in the above-entitled proceedings. The
Direction of Elections directed that elections by secret ballot be
conducted among the employees described below who are employed
by the Company at its Fort Wayne plant during the pay-roll period
immediately preceding the date of the Direction, including employees
who did not work during such pay-roll period because they were ill
or on vacation, and employees who were then or have since been
temporarily laid off, but excluding supervisory and office employees
not engaged in production and such employees who have since quit-
or been discharged for cause :
(a) The maintenance machinists, experimental men, tool makers,
tool repairmen, die makers, die repairmen, mold makers, mold repair-
men, and machinists', apprentices who are engaged im the production
or repair of machinery or mechanical devices for use in the Com-
pany's manufacturing process at its Fort Wayne plant, to determine
whether they desire to be represented by Lodge No. 70, International
Association of Machinists, or by United Electrical, Radio and
1 20 N. L R. B. 1030.
2 21 N. L. R B. 960
27 N. L. R. 13, No 174
1082
GENERAL ELECTRIC COMPANY 1083
Machine Workers of America, Local No. 901, for the purposes of
collective bargaining, or by neither;
(b) The hourly rate employees, other than those mentioned in
paragraph (a) above, to determine whether or not they desire to be
represented for purposes of collective bargaining by United Elec-
trical, Radio and Machine Workers of America, Local No. 901.
In its Amendment to Direction of Elections, the Board, pursuant
to the request of Local No. 901, amended the Direction of Elections
by striking the name of Local No. 901 from the ballot in the election
to be held among the employees in group (a).
Pursuant to the Direction and Amendment thereto, elections by
secret ballot were conducted on March 28, 1940, under the direction
and supervision of the Regional Director for the Eleventh Region,
Indianapolis, Indiana. On March 29, 1940, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board- Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties an Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Group (a) ballot:
Total number of employees alleged eligible to vote------- 354
Total number of votes cast______________________________ 345
Total number of valid votes cast_________________________ 270
Total number of blank ballots ___________________________ 2
Total number of void ballots__ ___________________________ 1
Total number of challenged ballots____ __________________
Total number of votes cast for Lodge No. 70, Interna-
- 70
tional Association of Machinists______________________ 210
Total number of votes cast against Lodge No 70, Interna-
tional Association of Machinists_______________________ 60
Group (b) ballot.
Total number of employees alleged eligible to vote------ 4,327
Total number of votes east___________________________ 4,012
Total number of valid votes cast______________________ 3,955
Total number of blank ballots -------------------------- 26
Total number of void ballots--------------------------- 9
Total number of challenged ballots____________________
Total number of votes cast for 'United Electrical, Radio
24
and Machine Workers of America, Local No. 901_____ 3,053
Total number of votes cast against United Electrical,
Radio and Machine Workers of America, Local No. 901__ 902,
8 In the Election Report the Regional Director erroneously stated that 72 ballots of group
(a) and 22 ballots of group ( b) were challenged. The Regional Director corrected the errors
in his Report on Objections hereinafter mentioned.
In the Election Report the Regional Director stated that disposi-
tion of the challenged ballots would, not materially affect the results
of the elections and made no rulings with respect to them.
1084 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
On April 4, 1940, Local No. 901, and on April 6, 1940, Lodge No.
70, filed with the Regional Director objections to the Election,
Report; the Regional Director investigated the matters contained
therein, and on April 26, 1940, issued and duly served upon the
parties his Report on Objections, containing recommendations with
respect to disposition of the challenged ballots. On May 2, 1940,
Local No. 901 filed with the Board objections to the Regional
Director's Report on Objections and requested that the Board con-
duct further hearings thereon. On June 5, 1940, the Board, acting
pursuant, to Article III, Section 8, of its Rules and Regulations-
Series 2, as amended, reopened the record, ordered that a further
hearing be held to determine the unit in which certain employees
belong, and authorized the Regional Director to issue notice of such
hearing. Pursuant thereto, the Regional Director noticed a hearing
for September 12, 1940. On September 10, 1940, the Company,
Lodge No. 70, and Local No. 901 entered into a written stipulation
with respect to the occupational duties of the employees in question,
and on September 12, 1940, the Regional Director issued a notice
canceling the hearing. The Board hereby approves the stipulation,
makes it a part of the record as Board Exhibit 1 of this date, and
vacates that portion of its order of Julie 5, 1940, authorizing the
Regional Director to issue notice of hearing.
Since disposition of the challenged ballots will not materially affect
the results of the elections, we find that the objections do not raise
substantial and material issues with respect to the conduct of the
ballot within the meaning of Article III, Section 9, of Rules and
Regulations-Series 2, as amended. Consequently, we will not pass
upon the challenged ballots as such. However, because a substantial
dispute exists between rival labor organizations, each of which claims
the right to represent the same employees, we will clarify that por-
tion of our Decision relating to the appropriate unit in so far as
applicable to those employees.
In the written stipulation the parties agreed as to the occupational
duties "of 86 employees whose status with respect to the unit to which
they belong is in dispute.4 Of these, 67 employees, whose names are
listed in Appendix A hereto, work in the Company's toolroom at its
Fort Wayne plant, where they are engaged as operators on vertical
boring mill, horizontal boring mill, slotter, engine lathe, bench lathe,
4 In the stipulation the parties requested that the Board make no ruling with respect
to the ballots of eight employees whose votes were challenged at the election on grounds
having no bearing on the subject of unit In addition, the stipulation erroneously included
occupational data with respect to 13 employees whose ballots were not challenged at the
election. In view of these facts, we do not pass upon the 8 challenged ballots and disre-
gard the stipulation in so far as it relates to the 13 employees mentioned above.
GENERAL ELECTRIC COMPANY :1085
and universal milling machines, and as radial drill press operators,
grinders, tool and cutter sharpeners, and winding form makers.
Local No. 901 contends that the 67 employees listed in Appendix A
'belong to group (b)' , since in its Decision the Board so assigned
machine tool operators. The position of Local No. 901 involves a
misunderstanding of the Decision. While the Decision assigned
machine tool operators employed in the production of goods for sale
to group (b), , it excluded from that group those machine tool
operators engaged in the production or repair of machinery or
mechanical devices .for use in the Company's manufacturing process
and assigned them to group (a). Accordingly, we find that the 67
employees listed in Appendix A belong to group (a).
The remaining 19 employees are distributed in the following oc-
cupational categories : one factory methods man,5 one winding form
maker," one tool hardener,7 one tool dresser,8 one blacksmith,9 one
maintenance machinist,10 six maintenance.welders,7' two production
welders'12 and five developmental testers.13 The factory methods
man is listed on the Company's classification list as a foreman.
Since he is a supervisory employee, the factory methods man will be
excluded from both units. The winding form maker and the tool
hardener are toolroom employees. The work of the tool clresser,
who forges cutting and boring tools, and of the blacksmith, who does
general blacksmith work on hand tools, is closely aligned with the
work of the other toolroom employees. We find that the winding
form -maker, the tool hardener, the tool dresser,, and the blacksmith
belong in group (a). While the six maintenance welders do "some
production work when necessary," they are mainly engaged in the
construction and repair of plant machinery and mechanical devices
used in the Company's manufacturing process. The maintenance
machinist is engaged in the making of mechanical repairs on machine
tools-and'the making of ordinary replacement parts. We find that
the maintenance machinist and the six maintenance welders belong
in group (a). The developmental testers perform electrical tests
on motors for special customers. Since they are experimental men,
we find that the five developmental testers belong in group (a).
Although the production welders, whose status is in dispute, do "oc-
5 L. R. Ormiston
6 E A. Martin.
' B. Weber.
s C lieber
B T Hengsteler
'a John Banks
I) Logan, V Beek. E Zimmerman, C Thomas, H Canfield, and W. IIarshman.
"N: Bobay and C' Deitehe
'3 L Stanch, W Beeth; L Mellinger, F Koziol, and A. Blume.
1086 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
casional maintenance welding on tools and fixtures," they are prin-
cipally employed in production work. We find,that the two pro-
duction welders belong in group (b).
In the Decision we postponed our determination of the appropriate
unit or units for collective bargaining pending the results of the
elections directed, and in that connection stated : "If Local No. 901
receives a majority of the votes cast by the employees in the unit
sought by Lodge No. 70, they will be considered as constituting,
together with all other hourly rate workers, a single unit. 'If Lodge
No. 70 is accorded a majority, the employees in the unit sought by
Lodge No. 70 will be considered as constituting a separate unit."
The reference to "the unit sought by Lodge No. 70" was to the em-
ployees described herein as group (a). In the Decision we also
concluded to conduct an election among all hourly rate employees,
excluding the employees in group (a) and excluding supervisory
employees and office employees not engaged in production, to deter-
mine, whether or not they desire to, be represented by Local No. 901.
The election results show that Lodge No. 70 has been selected by
a majority of the employees in group (a) as their representative for
the purposes of collective bargaining and, accordingly, we shall find
that such employees constitute an appropriate unit for collective bar-
gaining, and we shall certify Lodge No. 70 as the exclusive repre-
sentative of employees in such unit for the purposes of collective
bargaining. Further, the election results show that Local No. 901
has been selected by a majority of the employees in group (b) as
their representative for the purposes of collective bargaining and,
accordingly, we shall find that such employees constitute an appro-
priate unit for collective bargaining, and we shall certify Local No.
901 as the exclusive representative of employees in such unit for the
purposes of collective bargaining.
Accordingly, upon the entire record in the proceedings, the Board
makes the following :
SUPPLEMENTAL FINDINGS OF FACT
(a) We find that the maintenance machinists, experimental men,
tool makers, tool repairmen, die makers, die repairmen, mold makers,
mold repairmen, and machinists' apprentices who are engaged in the
production or repair of machinery or mechanical devices for use in
the Company's manufacturing process at its Fort Wayne plant, in-
cluding the employees listed in Appendix A, the winding form
maker, the tool hardener, the tool dresser, the five developmental
testers, the blacksii4h, the six maintenance welders, and the main-
tenance machinist mentioned above, 'and, excluding supervisory and
office employees not engaged in production work, constitute a unit
GENERAL ELECTRIC COMPANY 1087
appropriate for the purposes of collective bargaining, and that said
unit will insure to employees of the Company the full benefit of
their right to self-organization and collective bargaining and other-
wise effectuate the policies of the Act.
(b) We further find that all hourly rate employees other than
those mentioned in paragraph (a) above, including the two produc-
tion welders mentioned above, and excluding supervisory employees
and office employees not engaged in production work, constitute a
unit appropriate for the purposes of collective bargaining, and that
said unit will insure to employees of the. Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise will effectuate the policies of the Act.
Upon the basis of the above findings of fact and upon the entire
record in the proceedings, the Board makes the following:
SUPPLEMENTAL CONCLUSIONS OF LAW
1. We find that the maintenance machinists, experimental men,
tool makers, tool repairmen, die makers, die repairmen, mold makers,
mold repairmen, and machinists' apprentices who are engaged in the
production or repair of machinery or mechanical devices for use in
the Company's manufacturing process at its Fort Wayne plant, in-
cluding the employees listed in Appendix A, the winding form
maker, the tool hardener, the tool dresser, the five developmental
testers, the blacksmith, the six maintenance welders, and the main-
tenance machinist mentioned in paragraph (a) above, and excluding
supervisory employees and office employees not engaged in produc-
tion work, constitute a unit appropriate for the purposes of collec-
tive bargaining, and that said unit will insure to employees of the
Company the full benefit of their right to self-organization and col-
lective bargaining and otherwise effectuate the policies of the Act.
2. We further find that all hourly rate employees-other than those,
mentioned in paragraph (1) above, including the two production
welders mentioned in paragraph (b) above, and excluding super-
visory employees and office employees not engaged in production
-work, constitute a unit appropriate for collective bargaining, and
that said unit will insure to employees of the Company the full bene-
fit of their right to self-organization and to collective bargaining and
otherwise will effectuate the policies of the, Act. _
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Section 8, of
1088 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY. CERTIFIED that Lodge No. 70, International Association
of Machinists, has been designated and selected by a majority of all
maintenance machinists, experimental men, toolmakers, tool repair-
men, die makers, die repairmen, mold makers, mold repairmen, and
machinists' apprentices who are engaged in the production or repair of
machinery or mechanical devices for use in the Company's manufac-
turing process at its Fort Wayne plant, including the employees listed
in Appendix A, the winding form maker, the tool hardener, the tool
dresser, the five developmental testers, the blacksmith, the six mainte-
nance welders, and the maintenance machinist mentioned above, and
'excluding supervisory employees and office employees not engaged in
production work, as their representative for the purposes-of collective
bargaining, and that pursuant to the provisions of Section 9 (a) of the
Act, Lodge No. 70, International Association of Machinists, is the
exclusive representative of all such employees for the purposes of
collective - bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.
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, 49 Stat. 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that United Electrical, Radio and Machine
Workers of America, Local No. 901, has been designated and selected'
by a majority of all hourly rate employees, including the two produc-
tion welders mentioned above, and excluding maintenance machinists,
experimental men, tool makers, tool repairmen, die makers, die re-
pairmen, mold makers, mold repairmen, and machinists' apprentices
who are engaged in the production or repair of machinery or me-
chanical devices for use in the Company's manufacturing process at its
Fort Wayne plant, the employees listed in Appendix A, the winding
form maker, the tool hardener, the tool dresser, the five developmental
testers, the blacksmith, the six maintenance welders, and the mainte-
nance machinist mentioned above, and excluding supervisory em-
ployees and office employees not engaged in production work, as their
representative for the purposes of collective bargaining, and that pur-
suant to the provisions of Section 9 (a) of the Act, United Electrical,
Radio and Machine Workers of America, Local No. 901, is the ex-
clusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.
GENERAL ELECTRIC COMPANY
APPENDIX A
Ahlersmeyer, Carl T.
Allen, Neil
Baermann, Carl-
Bailey, Fred F.
Baird, Cleo E.
Best, Walter
Blair, Leo L.
Blubm, Eric
Bowman, Oliver H.
Boxell, Loren
Brandon, Earl
Buesking, William
Burtzner, Lyndes
Clapesattle, C. W.
Dafforn, William
Daley, Neil F.
Dunten, Russell
Ebert, John A.
Frary, C. E.
Gage, Lewis E.
Gatton, Charles W.
Gerdom, Henry C.
Gorrell, G. C.
Grote, Herman W.
Holthaus, Aloysius J.
Howell, Francis W.
Huguenard, Clem A.
Johnson, Perry
Johnson, William
Kloepper, Charles H.
Knight, Gerald
Korte, Arnold
Kruse, Gus H.
Langer, Hubert
323428-42-vol. 27--70
Lewis, David
McFeely, Sr., J. P.
Meyer, Otto
Miller, Sam
Morgan; Frank D.
Mutton, Ray
Nagel, Fred
Nahrwold, Hilbert J.
Neukam, John C.
Odier, Herschel
Pennell, Charles
Ramsey, Glenn
Rehner, Parnell S.
Reynolds, Chester
Rogge, G. F.
Schlemmer, George
Schinnerer, Gerhardt
Schoeff, Purl D.
Schone, Carl
Schust, Walter
Sefton, Kenneth
Simon, Russell
Skinnell, George
Smith, K. E.
Sordelet, Maurice
Steward, Ralph
Telley, Burton
Thiele, Herbert
Vaughn, Ross
Weaver, Dale
Weaver, Paul D.
Wedler, Wm. F.
Zurcher, Carl
1089 '