General Electric Co.

National Labor Relations Board - Board Decisions

Aug 21, 1942

43 N.L.R.B. 453 (N.L.R.B. 1942)

In the Matter of GENERAL ELECTRIC Co., and THE SCHENECTADY
DRAFTSMEN'S ASSOCIATION
Case No. R-4068.-Decided August 21, 1942
Jurisdiction : electrical equipment manufacturing industry.
Practice and Procedure : petition dismissed, where petitioner submitted a list
of paid'up members, but offered no,proof that the members had designated
it as their representative for the purpose of collective bargaining, and where
the unit requested was insufficiently defined by the record to determine its
appropriateness.
Mr. G. H. Pfeif, of Schenectady, N: Y., for the Company.
Mr. J. F. H., Robinson, Jr., of Schenectady, N. Y., for the Asso-
ciation.
Mr. Edwin Beal, of New York City, for the UERMW.'
Mr. Leo E. Jandreau, of Schenectady, N. Y., for Locial 301,
UERMW.
Miss Marcia Hertznnark, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by the Schenectady Draftsmen's Associa-
tion, herein called the Association, alleging that a question affecting
commerce had arisen concerning the representation of employees of
General Electric Co., Schenectady, New'York, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Helen Humphrey, Trial Ex-
aminer. Said hearing was held at Schenectady, New York, on July
22, 1942. The Company, the Association, and,Local 301, United
Electrical, Radio & Machine Workers of America, C. I. 0., herein
called the UERMW, appeared, participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. ,, The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
43 N. L. R , B., No. 76.
453
454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the follow-
ing:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
General Electric Co., a New York corporation with its principal
office at' Schenectady, New York, is engaged in the manufacture of
electrical equipment. It operates plants in several States, including
a plant at Schenectady, New York, with which'this proceeding is
involved, and which employs approximately 5,000 salaried employees.
The raw materials, consisting principally of steel, and copper, used
annually, at the Schenectady plant are valued at approximately $20,-
000,000. More than 50 percent of such materials .is obtained outside
the State of New York. Finished products manufactured annually
at this'plant are,valued at about $50,000,000. More than 50 percent of
such products is shipped outside the State of New York.' The Com-
pany admits that it is engaged in commerce within the meaning of
the National Labor Relations Act. - _
II. THE ORGANIZATIONS INVOLVED
The Schenectady Draftsmen's Association is a labor organization,
admitting to membership employees of the Company.
United Electrical, Radio & Machine Workers of America, and Local
301 thereof, are labor organizations, affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
III. THE ALLEGED QUESTION CONCERNING THE REPRESENTATION OF
EMPLOYEES OF THE COMPANY WITHIN AN APPROPRIATE UNIT
,In February 1942, the Association requested the Company to bar-
gain with it on behalf of the employees in an alleged appropriate
unit, comprising the draftsmen, mechanical designers, and junior
draftsmen employed at the Schenectady plant. The Company re-
fused to bargain until the Association was certified by. 'the Board.
The UERMW, which represents the factory and maintenance
employees of the Company, contended' at the hearing that the peti-
tion filed by the Association should be dismissed becitiuse, inter alia,
the Association has made no showing that its members have author-
ized it to bargain . collectively on their behalf, and' because the
'These findings are based in part upon findings made in Matter of Geaei al Electric
Company and Pattern Makers' League of North America , A F. L, 29 N L . R B. 162,
which the parties herein stipulated might be made a part of the record in this-case
GENERAL ELECTRIC Co. 455
unit sought by the Association is inappropriate. The UERMW con-
tends that all salaried employees of the Company, including those.'
sought by the, Association, together constitute an appropriate, unit.
The record discloses that the Association, which was 'organized
in 1918 "to promote the economic welfare of the draftsmen of
Schenectady . .." has, on, several occasions since that time, pre-
sented to the Company requests for action concerning various prob-
lems arising in connection with conditions of employment of'its mem-
bers. It has'twice requested, and once was successful in securing,,
pay increases for draftsmen, has secured correction of improper
lighting, parking, and similar, conditions, and has made studies , of
wage rates in order to put its members in position to improve their
wage status. '
The 'Association submitted to the Regional Director, for the pur-
pose of showing its interest justifying the present investigation, a
certified and notarized list, of its paid-up members, containing the
names of 546 persons. It submitted no 'proof, however, that these
members, or any of them, had designated the Association as their
representative for the purposes of collective bargaining. Although
membership in an organization which exists primarily for the pur-
poses of collective bargaining normally evidences designation ,of that
organization as the members' representative for those purposes, the
present record indicates that the Association has only on occasion
engaged in -the bargaining function on behalf of its members, Iso
that it cannot be said to have held itself out primarily as a labor
organization. Under the circumstances, we are tunable to infer from
the prima facie evidence of substantial membership in the Association
that a substantial number of persons in the proposed trait have,
designated the Association for bargaining purposes.,
Moreover, we are of the opinion that the unit requested by' the
Association is insufficiently defined by the record to determine its
appropriateness for, bargaining purposes. The record shows that the
Company employs approximately 5,000 salaried employees at the
Schenectady plant. There are 713 designers, draftsmen, and junior
draftsmen working in 15 engineering departments, and 34 designers,
55 draftsmen, and 8 junior draftsmen employed in the General Office,
i Department, all of whom the Association desires to include within
the unit. However, there are also numerous miscellaneous drafting
detailers, calculators, tracers, and technical clerks, many of whom
work at drafting boards, and an unspecified number of production
clerks, expediters, material move men, stockroom attendants, tool
2 See Matter of H. G. Hill Stores, Inc. Warehouse and Local 2-7, International'Long-
shoremen's and Warehousemen's Union, affiliated with the C. I. 0., 39-N. L R. B. 874;
Matter of Cities Service Ott Company, Pettys Island Refinery Division and Oil Workers
International Union, affiliated with the C. 1. 0., 38 N L. R. B. 1055.
456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
designers, and tool engineers, as well as secretaries, stenographers,
typists, clerks, and messengers, who the UERMW contends should
also be 'included within the unit. Although the duties' incident to
certain of the above-named categories of employees are apparent
from the job designations,, this is not true as to many other cater
gories. The record does not contain descriptions of the duties of
most of these employees, and the Association did not,introduce evi-
dence to show either the functional, coherence of the, group it seeks
'to set apart in the unit or the distinction between this type of em-
ployees and those it wishes to exclude. Moreover, the Association
does not admit to membership women employed in the same positions
as men whom it does admit. We have frequently held that,' absent
a showing of differentiation in functions, we will not take into con-
sideration racial distinctions; 3 the same reasoning applies in the case
of attempted distinctions on the basis of sex.
Upon all the circumstances in the case, we find. that no question
concerning the representation of employees of the Company within
an appropriate bargaining unit has arisen, within the meaning of
Section 9 (c) of the Act. Accordingly, the.petition will be dismissed.
ORDER
Upon the basis of the foregoing findings of fact and the entire
record in the case,the,National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of General Electric Co., Schenectady, New York, filed
by The Schenectady Draftsmen's Association, be, and it ' hereby is,
dismissed.
CHAIRMAN MILLis took no part in the consideration of the above
Decision and Order.
8 Cf. Matter of Aetna Iron h Steel Co and International Association of Bridge, Struc-
tural and Ornamental Ironworkers Local, No. 66¢, affiliated with American Federation of
Labor, 35 N. L. R. B. 136, and cases cited in footnote 2.