General Electric Co.

National Labor Relations Board - Board Decisions

Oct 20, 1955

114 N.L.R.B. 597 (N.L.R.B. 1955)

' - Gl VEP &L ELECTRIC COMPANY 597'
5. The allegations of the complaint in Cases Nos. I-CA-1596, 1-CA-1607, and
i-CA-1"689 that Respondent Marlin Rockwell Corporation has engaged in un-
fair lab-or practices within the meaning of Section 8 (a) (1) of the Act, have not been
sustained in any of such cases.
(Recommendations omitted from publication.]
General ,Electric Company and International Union of Electrical,
Radib, 'and, Machine Workers , CIO, Petitioner. Case No.1--RRO .
41 46. October 20,1955
DECISION AND DIRECTION OF ELECTIONS
Upon a petition'duly filed under Section 9 (c) of the National La-
bor Relations Act, a hearing was held before Edwin J. J. Dwyer, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upan:tihe entire record in this case, the'Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the represents=
tion of employees of the Employer within the meaning of Section 9
-(c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks to represent a unit of production,- mainte-
nance, and shipping employees at the Employer's Taunton, MO Bsa-`
chusetts, plant. The parties are in substantial agreement as to the
composition of the unit; however, they disagree as to the unit place-
ment of employees classified as counters and foremen's clerks. The
Petitioner would include them as plant clericals. The Employer op-
poses their inclusion. Local 204, United Electrical, Radio and Ma-
chine Workers of America (UE), herein called the Intervenor, and
the 'present bargaining representative of the production and main-
tenance employees,' takes no position on the matter.
The counters work in a wire-enclosed counting crib and in two other,
areas on the production floor. They count and record the number of
items handled by production employees; move about the production
floor; pick up tickets from pieceworkers, stamp them, and issue re-
ceipts. Like production employees, they are hourly paid, punch the
same time clock, use the same facilities, and receive the same benefits
and conditions of employment. We find that the counters are plaint
clerical employees.'
'The Intervenor's most recent contract expired September 15, 1955.
2 See Bethlehem ,Steel Company Shcpbmldzng Dt`vasmon, 97 NLRB 1072, 1074
1I4 NLRB No. 99.
,59$ DECISIONS OF NATIONAL LABOR RELATIONS BOARD
There are three foremen's clerks in' the plant. One is clerk to the
chief inspector of the plant, one is clerk to a general foreman, and the
third is clerk to two other general foremen. Each clerk has a desk in
the office of the foreman for whom she works. These offices are on the
production floor, and these employees, in the performance of their
duties, have daily contact with production employees in the factory
area. Although foremen's clerks are paid on a salary basis and have
a vacation plan different from production employees, other benefits
and conditions of employment are the same. Under these circum-
stances , we find that foremen's clerks are plant clerical employees.'
The counters and foremen's clerks have previously been excluded
from the bargaining unit. In the absence of bargaining history, we
would, in accordance with established procedure, include them in the
unit as plant clericals. However, as they have been excluded from the
bargaining unit for many years, we believe that they should not now
be included without being given the opportunity of voting separately
on whether they desire to become part of the unit.' Accordingly, we
shall make no unit finding at this time but shall direct elections in the
following voting groups of employees at the Employer's Taunton,
Massachusetts, plant, excluding from each voting group supervisors
as defined in the Act :
(1) All production, maintenance, and shipping employees, includ-
ing leaders and leading men,5 setup men, instructors, storekeepers,
tumblers, apprentices, and plant clerical employees but excluding all
employees in voting group (2), office clerical, professional, and labora-
tory employees, timekeepers, time checkers, draftsmen, students (em-
ployees in office and clerical classifications in training), matrons, and
guards.
(2) All counters and foremen's clerks.
If a majority of the employees in voting group (2) vote against
representation, they will be taken to have indicated their desire to be,
and they will be, excluded from the production and maintenance unit.
If a majority vote for representation, their ballots will be pooled with
those in voting group (1) and the two groups together will constitute
a single appropriate unit. The Regional Director is instructed to issue
certification of representatives or certifications of results as dictated
by the outcome of the elections herein.
[Text of Direction of Elections omitted from publication.]
' See Westinghouse Electric Corporation. 106 NLRB 1218
4 Fort Worth Stockyards, a Division of United Stockyards Corporation. and Fort Worth
Livestock 11 andtinq Company, 109 NLRB 1452 , and The Zia Company, 108 NLRB 1134
For the reasons given in his dissenting opinion in the Zia case, Member Murdock would
direct an election in the overall appropriate unit including the counters and foremen's
clerks.
'The record is silent as to the duties of leaders and leading men and does not show
,whether or not they are vested with supervisory authority