General Electric Co.

National Labor Relations Board - Board Decisions

Jun 11, 1943

50 N.L.R.B. 401 (N.L.R.B. 1943)

In the Matter of GENERAL ELECTRIC COMPANY (LYNN RIVER WORKS
AND EvERETT PLANT ) and PATTERN MAKERS LEAGUE of NORTH
AMERICA, LYNN ASSOCIATION (A. F. of L.)
Case No. R-5221.-Decided June 11) 1943
Mr. J. Edwin Doyle, of Lynn, Mass., for the Company.
Mr. George Q. Lynch, of,Washington, D. C., Mr. Ernest, Umpleby,
of Schenectady,-N. Y., and, Mr. Robert Kerr, of Lynn, Mass. , for the
League.
Mr. David Scribner, of New York. City, and Mr. Alfred Coulthard,
of Lynn, Mass., for the United.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
AND.
ORDER
STATEMENT OF THE CASE
Upon an amended petition" duly filed by Pattern Makers League of
North America, Lynn Association (A. F. of L.), herein called the
League, alleging that a question affecting commerce had arisen` con-
cerning the' representation of employees of General Electric Company,
Lynn, Massachusetts, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Samuel G. Zack, Trial Examiner. Said hearing, was held at
Lynn, Massachusetts, on April 21, 1943. The Company, ' the League,
and United Electrical, Radio, and Machine Workers of America and
Local 201, United Electrical, Radio,,and Machine Workers of America,
herein jointly called the United, 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. The United has filed a brief which
the Board has considered. Pursuant to notice, -a hearing for the
purpose,of oral argument was held on May 18, 1943, before the Board
50 N. L. R. B., No. 60:
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DECISIONS iOF NATIONAL LABOR RELATIONS BOARD
at Washington, D.C. 'The'-League • and the United appeared and
participated in the hearing.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
General Electric Company is a New York corporation with its
principal office in Schnectady, New York. The Company has a num-
ber of plants in several States, among them the plants in Lynn and
Everett, Massachusetts, herein called • the Lynn plants.' This pro-
ceeding concerns the employees' of the Company working in the Lynn
plants, where the Company-is' engaged in the manufacture of steam
turbines, generators, motors, superchargers, and street lighting equip-
Inent., Raw materials used at the Lynn plants are chiefly steel and
copper: During 1942, the Company used such raw materials at its
Lynn plants of a value in excess of $35,000,000, of which more than
50 percent was received at the Lynn plants from points outside Massa-
chusetts. During the same period, the' Company produced finished
'products_at the Lynn plants of a value in excess of $75,000,000, of which
more than' 50 percent was shipped- to points outside Massachusetts.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act. '
H. THE ORGANIZATIONS INVOLVED
Pattern Makers League of North America, Lynn Association (A. F.
of L.). is a labor organization, afiliated with the American Federation
of Labor, admitting to membership employees of the Company.
Local 201, United Electrical, Radio; and Machine Workers of
America and its parent, United Electrical, Radio, and Machine Work-
ers of America 'are labors organizations, affiliated with the_ Congress
of Industrial Organizations. Local 201 admits to membership
employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The 'League in its petition requests a unit embracing all pattern
makers employed by the Company at the Lynn plants. The United
contends'that only an industrial unit in which the pattern makers are
included is appropriate., The Company has taken a neutral position.
From 1918 to 1934 Employees Representation Plan purported ' to
represent exclusively the employees in the Lynn plants by geographi-
cal sections of the plants, without regard to crafts. In 1933, members
of the League.aided and participated in the formation of an independ-
GENERAL ELECTRIC COMPANY 403
eat industrial union at 'the Lynn plants. From its inception, the
membership of the industrial union, which appears to have been sub-
sfantial, manifested an intent to affiliate" with an international union
but resisted persuasion to affiliate piecemeal with craft organizations.
In 1934 an election was held at the Lynn plants for the purpose of
permitting the employees to choose bargaining representatives. Al-
though members of the League were aware 6f this election and some
participated therein, no move was made to secure a place on the ballot
for the League.- The independent industrial union, above referred to,
was chosen by a majority of the employees at this election. In 1935;
the Company recognized the industrial union as the exclusive bar-
gaining representative of the production and maintenance employees
including pattern makers. Subsequently the independent industrial
union affiliated with the United and is now a local union of that or-
ganization. Since 1918, the Company has not bargained with or
extended recognition to any group. or labor organization as a repre-
sentative of a craft union. During the period since the Company has
recognized the United, the pattern makers have used the bargaining
offices of the United in presenting grievances to and bargaining with
the Company. While the grievances and bargaining have been pre-
sented by a representative of the League, all, such' presentations have
been made under the auspices of the United, in the presence of the
United representatives, and under the protection of the bargaining
power of the United. As stated above, there has been no history of
bargaining with the Company on other than an industrial basis, and
the League for many years has acquiesced in and expressly, recognized
the exclusive agency of the United. For 8 years the League has
availed itself of the bargaining machinery of the United to achieve
its objectives with the Company. A member of the League most
active in the formation of the independent industrial union men-
tioned above, the United's predecessor, has for several years held office
in the United while maintaining membership in the League.
We find no reason, on the basis of the facts and circumstances
outlined above, to set the pattern makers apart from the remainder
of the employees in the Lynn plants. We agree that pattern makers
form a highly skilled, clearly identifiable, homogeneous group but we
do not consider these factors to be of sufficient weight to justify the
disturbance of a collective bargaining arrangement which appears to
have achieved and maintained harmony between the Company and the
employees. Clearly the United and the League have considered the
pattern makers to be included in the industrial unit and the League
until recently has not protested this inclusion. Were we to permit a
skilled or departmental group of 80 employees capriciously to set itself
apart from a well established industrial unit of 24,000, as is here
404
requested, the result' might be disharmony, jealousy, and dissatisfaction.
We conclude that the, unit requested by the liattern makers is not an
appropriate unit for `the' purposes" of collective 'bargaining and' we
so find.'
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DECISIONS OF, NATIONAL LABOR-RELATIONS BOARD
IV.r THIE ALLEGED `QUESTION CONCERNING 'REPRESENTATION
'Since, as we 'Have held in ' Section 'III, above , the' bargaining unit
sought to be established ' by'the petition is inappropriate for the, pur-
posesof collective bargaining , we find that no question . has been raised
con'cernin 'g the representation •' of `employees in an appropriate' bar-
gaining ' unit. Accordingly , we shall dismiss the petition.
ORDER'
Upon the,basis, of the above, findings of fact, the National Labor
Relations Board.hereby,orders.that the petition for, investigation and
certification off representatives filed by Pattern Makers League of North
America, Lynn Association (A. F..of L.), be, and it hereby is, dismissed.
i See flatter of White Motor `Compariy,_23' N' L. it. B '924 Cf Matter'of Bendux'Prod-
acts Division of Bendrm Avaation^Corporation, 39 N. L R. B 81 ; Matter of General Etectnse
Company, 29 N,_ L R B 162, and Matter of, General Electric Company, 29 N L R B 1066,
where the Board approved units embracing only pattern makers on a showing that pattern
•makersihad resisted the organizational efforts of the mdustiial.union in the pattern shop;
iepeatcdly demanded recognition of the Company as an appropriate bargaining unit; con-
sistently objected to inclusion in an industrial bargaining unit'; bargained informally with
the Company on matters, affecting pattern makers, written in "Pattern Makers League"
on the ballot in choosing representatives ; and were recognized by the employer, and the
industrial union to be' outside'the industrial unit.
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