General Electric Co.

National Labor Relations Board - Board Decisions

Apr 9, 1943

48 N.L.R.B. 1044 (N.L.R.B. 1943)

In the Matter of GENERAL ELEwrRIC COMPANY and UNITED ELECTRICAL,
RADIO AND MACHINE WORKERS OF AMERICA, CIO
Case No. R-5047.-Decided April 9,1943
Jurisdiction : electrical equipment manufacturing industry. •
Investigation and Certification of Representatives : existence of question : failure
-to reply to petitioner's request, for recognition ; contract of indefinite duration,
found no bar; election necessary.
Unit Appropriate for Collective Bargaining : production, maintenance, and ship-
ping employees with specified inclusions and exclusions ; "agreement as to.
Mr. David Fitzgerald, of Pittsfield, Mass., for the Company.
Mr. Richard Linsley, of Boston, Mass., for the CIO.
Messrs. Edward F. Kennedy, of Taunton, Mass., and James-,Powers,
of Boston, Mass., for the AFL.
Mr. David V. Easton,, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE .
Upon petition duly filed by United Electrical, Radio and Machine
'Workers of America, CIO, herein called the CIO, alleging that a
question affecting commerce had arisen concerning the representation
of employees of General Electric Company, Taunton plant, Taunton,
Massachusetts, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Samuel G. Zack,- Trial Examiner. Said hearing was held at
Taunton, Massachusetts, on March 23, 1943. The Company, the CIO,
and International Molders and Foundry Workers Union of North
America, A. F. of L., herein called the AFL, 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 Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
48 N. L. R. B., No. 127.
1044
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-GENERAL ELECTRIC COMPANY " 1045
Upon the' entire . record in the case , the Board makes the following.:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Electric Company, a New York corporation, is engaged in
the manufacture and production of electrical equipment. The Com-
pany operates plants and offices in many sections of the United States.
It maintains a plant at, Taunton, Massachusetts, which is engaged in
the production of moulded plastics, with which we are presently con-
cerned. The raw materials used by the Taunton plant consist largely
of phenol and wood flour which is received from the Company's plant=
`at Pittsfield, Massachusetts, to which point 'these raw materials come,
from points outside the State of Massachusetts. Du'ring' the past fiscal,'
year there was purchased for use at the Taunton plant approximately
2 'million pounds of these raw materials, valued at approximately 1
million dollars. The moulded plastics produced at the Taunton plant
are sold to customers throughout the United States., Fifty percent of
the sales of the Taunton plant are made directly to points outside the
State of Massachusetts, -and during the last fiscal year amounted to,
approximately 2 million dollars. We find that the Company is engaged
in commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United, Electrical ; Radio and Machine Workers of America' is 'a,
labor 'organization affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees of the Company.
International Molders and Foundry Workers Union of North Amer-
ica is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Compan , '
III.' .THE QUESTION CONCERNING REPRESENTATION ;
On February,1 , 1943, the CIO requested , by letter , that it be granted
recognition as bargaining agent for the production and, maintenance
employees of the Company engaged at its Taunton plant. The Com-
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pany did not reply to this letter . The AFL contends that a contract
between the Company and itself dated .November 24, 1941 , and con-
taining a provision that it shall be in' effect for 1 year ' and until a new,
agreement is made, constitutes a bar to the present proceeding. ' After
termination , of 'the : year, the AFL requested the' Company to enter
upon a closed=shop agreement ' for the 'ensuing year ; the Company re-
fused to do so. The Company and the AFL then entered into negotia-
tions and agreed, according to the AFL, to extend the contract without,
a termination date. We are of the opinion that this contract is one of
1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD-
indefinite-duration, and hence no bar -to a present determination, of
representatives.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the CIO represents a substantial number
of employees in the unit hereinafter found appropriate.)
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
In accordance with an agreement of the parties, we find that all
production, maintenance, and shipping employees of the Company,
including leaders or leading men, set-up men, instructors, storekeepers
and tumblers; but excluding executives, supervisory employees, o'flice,
and clerical employees, guards and watchmen, assistant foremen, time-
keepers or time checkers, laboratory employees, draftsmen, students,
and matrons, constitute a unit appropriate' for the purposes of collec-
tive 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 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 -our Direction of Elec-
tion, subject, to the'limitations and additions set forth therein.
DIRECTION OF ELECTION
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, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 Electric
Company, Taunton, Massachusetts, 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 First Region, acting in this matter, as
agent for the National Labor Relations Board, and subject to, Article
'The Regional Director ' reported that the CIO submitted 269 application cards,
all of which contained apparently genuine original signatures. Two hundred and sixty-one
of the signatures appealing on these cards are the names of persons whose names appear
on the Company ' s pay roll of February 12, 1943. This ,pay roll 'contains 460 names yin `
the appropriate unit.
The AFL relies upon its contract with-the Company to establish its interest.
GENERAL ELECTRIC COMPANY 1047
III, Section 10, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date
of this Direction, including any such 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 United Electrical,
Radio and Machine Workers of America, affiliated with the Congress
of Industrial Organizations, or by International Molders and Foundry
Workers Union of North America, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining, or by
neither.
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