General Electric Co.

National Labor Relations Board - Board Decisions

Aug 25, 1944

57 N.L.R.B. 1624 (N.L.R.B. 1944)

III the Matter of GENERAL ELECTRIC COMPANY (PLASTICS DIVISION)
and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA
(CIO) LOCAL 254
Case No. 1-R 19i04.-Decided August 25, 1944
Messrs. David Fitzgerald and Franz X. Brugger, of Pittsfield, Mass.,
for the Company.
David Scribner by Mr. Frederick R. Livingston, of New York City,
and Messrs. Hugh Harley, Jr., and Ivan W. Lord, of Pittsfield, Mass.,
for the Union.
Mrs. Catherine W. Goldmnan, of counsel to the Board.
DECISION
AND
DIRECTION-OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of Aiiierica (CIO) Local 254, herein called the Union, al-
leging that a question affecting commerce had arisen concerning the
representation, of employees of General Electric Company (Plastics
Division), Pittsfield, Massachusetts, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before John W. Coddaire, Jr., Trial Examiner. Said
hearing was held at Pittsfield, Masachusetts, on July 18, 1944. The
Company and the Union appeared and participated. All parties 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. All parties were afforded an
opportunity to file briefs with the Board.
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 of electrical ' equipment at plants throughout the
57 N. L. R. B., No. 269.
1624
GENERAL ELECTRIC COMPANY (PLASTICS DIVISION) 1625
United States. It maintains two plants at Pittsfield, Massachusetts,
known as the Electric Division and the Plastics Division. This pro-
ceeding, is concerned with the Plastics Division, where the Company
is engaged in the production of molded plastics. During 1943 the
Company used raw materials amounting in value to $1,000,000, 90
percent of which was shipped from points outside the Commonwealth
of Massachusetts. During the same period the Company produced
finished products amounting in value to $7,000,000, approximately 75
percent of which was shipped to points outside the Commonwealth of
Massachusetts.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, Local 254,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the exclusive
bargaining representative of the tool designers of its Plastics Division
until the Union' has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union 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
The Union requests a unit composed of the Company's tool designers
in the Plastics Division. The Company contends that the tool de-
signers are included in a previously established unit of production and
maintenance employees of the Electric Division and the Plastics
Division.
At a consent election conducted in 1940, Local 255, affiliated with
the same parent organization as the'Union, was selected as bargain-
ing representative of the employees of the Company'at its two plants
i The Regional Director reported that the Union submitted 7 membership cards ; that
the names of 7 persons appearing on the cards were listed on the Company's pay roll
of May 3i , 1 944, which contained the names of 10 employees in the appropriate unit, and
that the cards were dated in August and September 1943.
1626 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in Pittsfield, Massachusetts. It appears, however, that the tool de-
'signers at the Plastics Division were not included on the. eligibility
list, were not notified of the election, and did not vote or participate in
the election in any way. Local 255 has not bargained for these em-
ployees or even attempted, to organize them. In view of these facts,
we do not believe that the prior consent election render inappropriate
a separate unit, of tool designers at the Plastics Division.
There are 10 employees at the Plastics Division, classified as tool
designers 2 These employees are located in the tool design room, which
is separated by partitions from the adjacent departments. They enter
the plant by a different entrance than 'do the production and mainte
nance employees and punch the timeclock used by office employees
rather than that used by production and maintenance employees.
They work under the immediate supervision of the chief tool designer
who reports to the, works engineer in charge of the inspection and
engineering departments. The ordinary toolroom employees, who are
included in the unit of production and maintenance employees, are
under the, immediate supervision of the toolroom foreman who reports
'to the division manager. Tool designers are paid on the same basis
as the tool room employees; but at a higher rate. They operate oai
only one shift, while ordinary production and maintenance employees
operate on two or three shifts. Most of the tool designers are skilled
employees with several years experience as toolmakers. While em-
ployees may be transferred from the toolroom to the tool design
room, the transfer is usually in the nature of a permanent promotion,
and there is no interchange between the employees in the toolroom and
those in the tool design room. The work of the tool designers is con-
fined to drafting. From instructions devised by the engineering de-
partment, the tool designers make drawings of-molds, which are sent
to the toolroom where the'toolmakers work from the drawings to pro-
duce steel molds. Tool designers work at drafting boards, 'using
equipment from small drafting kits. In view of the separate location
,and supervision of the tool designers and the highly skilled and tech-
nical nature of their work, we are of the opinion that the tool designers
may properly constitute a separate unit.3
There remains for determination the specific composition of the
,unit. The chief tool designer is a salaried foreman, and is the only
supervisor in direct charge of the tool design room. He has the author-
ity to recommend the hire and discharge of tool designers We find
that the chief tool designer falls within our customary definition of
2 The Company employs 2,300 workmen at the Plastics Division
8 See Matter of Bend¢v Products Division, Bendtcc Aviation Corporation, 56 N. L. R. B.
1805.
GENERAL ELECTRIC COMPANY (PLASTICS DIVISION) 1627
supervisory employees; accordingly, we shall exclude him from the
unit.
We find that all tool designers at the Plastics Division, including
apprentices ,4 but excluding student'engineers,5 the chief tool designer,
and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 Relations
Board Rules and Regulations-Series 3, 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 (Plastics Division), Pittsfield, Massachusetts, an election
by secret ballot shall Abe conducted as early as possible, but not later
than thirty (30) - days from the date of this Direction, under the direc-
tion 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 III, Sections 10 and 11, of said Rules and Reg-
ulations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction, including employees who
did, not work during the 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 those' employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
d The Company and the Union are agreed that , two girls employed is apprentices in the
tool design room should be included in the unit.
5 Thef Company and the Union are agreed that two student engineers temporarily
assigned to the tool design room as part of their training program should .be excluded from
the unit.
i
1628 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the date of the election, to determine whether or not they desire to be
represented by United Electrical, Radio & Machine Workers of Amer-
ica, Local 254, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.