General Electric Co.

National Labor Relations Board - Board Decisions

Mar 30, 1948

76 N.L.R.B. 995 (N.L.R.B. 1948)

In the Matter of GENERAL ELECTRIC COMPANY (KENTUCKY GLASS
WORKS ) , EMPLOYER and INTERNATIONAL BROTHERHOOD OF ELECTRI-
CAL WORKERS , A. F. OF L., PETITIONER
Case No. 9-R,4647.-Decided March 80, 1948
Messrs. A. A. Pergande and T17. W. Buricle, of Cleveland, Ohio,
and Messrs. K. D. Scott and E. P. Whitmore, of Lexington, Ky., for
the Employer.
Mr. Ira Braswell, of Winchester, Ky., and Mr. E. M. Blakeman, of
Lexington, Ky., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Lexing-
ton, Kentucky, on January 12, 1948, before Martin Sacks, hearing
officer.' The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
General Electric Company, a New York corporation, is engaged in
the manufacture of automobile headlight lenses and reflectors at its
plant in Lexington, Kentucky, known as the Kentucky Glass Works,
which is the only plant of the Employer involved in this case. During
the past year the Employer bought for use at this plant raw materials
valued at more than $100,000, of which more than 50 percent was
received from points outside the State. During the same period the
entire output of this plant, valued in excess of $100,000, was shipped
to another plant of the Employer in Kentucky.
'Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
National Labor Relations Board has delegated its powers in connection with this case to a
three -nian panel consisting of the undersigned Board Members [ Houston, Reynolds, and
Gray].
76 N L. R B., No 142
7S I902-4S-vol 76-64 995
996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer admits and we find that it is engaged in commerce
within the meaning of the Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representaive of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In the petition, as amended at the hearing, the Petitioner seeks a
unit consisting of all production and maintenance workers at the
Employer's Lexington, Kentucky, plant, including shipping depart-
ment employees and cafeteria workers, but excluding engineers,
clerical employees, the nurse-cashier, and all supervisors.
The only dispute with respect to the unit concerns the supervisory
status of the check inspectors.2 Check inspectors inspect the work
of other employees for visible defects. Their findings do not affect
the earnings of other employees, but, on the basis of their inspections,
they may effectively recommend dismissals. We find, accordingly,
that they are supervisors and shall exclude them from the unit.
Reference also was made at the hearing to the supervisory functions
of the shipping room foreman.3 He has the authority either to hire
and discharge or to recommend such action. We find, therefore, that
he is a supervisor and shall exclude him.
The parties agreed to include the boiler-firemen-watchmen, who
spend one-third of their working time in patrolling the plant and
looking out for fires. They are not deputized, armed or uniformed
and have no supervisory duties. Two-thirds of their working time is
spent in maintenance work. We find that the employees in question
are not employed as watchmen or "guards" within the meaning of
2 The Employer would exclude them ; the Petitioner indicated it would agree to exclude
them if check inspectors in other plants of the Employer are classified as supervisors The
undisputed testimony was that they are so classified
3 The Petitioner wished to exclude him , the Employer failed to state its position.
GENERAL ELECTRIC COMPANY 997
Section 9 (b) (3) of the amended Act and we shall, therefore, include
them in the unit as maintenance workers.4
We find that all production and maintenance employees at the
Employer's Lexington, Kentucky, plant, including shipping depart-
ment employees, and cafeteria workers, but excluding engineers,
clerical employees, the nurse-cashier, the shipping room foreman, the
check inspectors, and all other supervisors, 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
The Employer objects to the holding of an election at this time
because of the high rate of turn-over at the plant here involved. Dur-
ing the 10-month period preceding the hearing, there was nearly a
complete turn-over in personnel. However, no change is contemplated
in the occupational composition of the unit, nor is there any definite
prospect of a substantial change in the size of the unit. Under the
circumstances, we are of the opinion that the Act will best be effec-
tuated by the direction of an election at the present time, subject to
the limitations and additions set forth in the Direction.'
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with General Electric Company,
Lexington, Kentucky, 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 Ninth Region, subject to Sections 203.61 and
203.62 of National Labor Relations Board Rules and Regulations-
Series 5, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also ex-
cluding employees on strike who are not entitled to reinstatement, to
determine whether or not they desire to be represented by Interna-
tional Brotherhood of Electrical Workers, A. F. of L., for the purposes
of collective bargaining.
4 Matter of Radio Corporatio n of America, 76 N L. R . B. 826 ; Matter of Steetweld
Equipment Company , Inc, 76 N L R B 831
S Matter of Philip Lewis & Sons, 71 N L R B 976 , Matter of Natchez Hardwood Com-
pany, 71 N. L. R. B 24