General Electric X-Ray Corp.

National Labor Relations Board - Board Decisions

Jun 16, 1942

41 N.L.R.B. 1026 (N.L.R.B. 1942)

In the Matter of GENERAL ELECTRIC X-RAY CORPORATION and INTER-
NATIONAL ASSOCIATION OF MACHINISTS
Case No. R-3906.-Decided. June 16, 19.42
Jurisdiction : x-ray equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by -the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all hourly maintenance and pro-
duction employees at one of the Company's plants, excluding office and clerical
employees, tool and die makers, supervisors, assistant supervisors, guards, and
watchmen ; stipulation as to.
Mr. Otto A. Jaburek, of Chicago, Ill., for the Company.
Mr. Rudolph Paquet and Mr. -James, Sinclair, of Chicago, Ill., for
the I. A. M.
Mr. Ernest DeMaio, of Chicago,"Ill., for the U. E. R. M.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly. filed by International
Association of Machinists, affiliated with' the A. F. of L., herein
called the I. A. M., alleging that a question affecting commerce had
arisen concerning the representation of employees of General Electric
X-Ray Corporation, Chicago, Illinois, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Robert E. Dickman, Trial Examiner.
Said hearing was held at Chicago, Illinois, on June 1, 1942. ' The
Company and the I. A. M. appeared and participated .1 All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issue.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
' United Electrical Radio and Machine workers of America appeared at the hearing
but stated that it did not desire to intervene in these proceedings.
41 N. L . R. B., No. 187. -
1026
GENERAL ELECTRIC X-RAY CORPORATION 1027
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
General Electric X-Ray Corporation is a New York corporation
with its principal office at Chicago, Illinois, where it is engaged in
the manufacture, sale, and distribution of x-ray machinery and equip-
ment. During 1940 the Company purchased approximately $6,-
000,000 worth of raw materials from outside Illinois. During the
same period the Company sold finished products valued at $12,000,000,
approximately 90 percent of which was shipped out of Illinois.
H. THE ORGANIZATION INVOLVED
International Association of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April '13, 1942, the I. A. M. requested the Company to recog-
nize it as exclusive representative of its employees. The Company
denied this request until such time as the I. A. M. is certified by the
Board.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the I. A. M. represents- a sub-
stantial number of employees in the unit hereinafter found to be
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the I. A. M. and the
Company, that all hourly maintenance and production employees at
the Chicago plant of the Company, excluding office and clerical em-
ployees, tool and die makers, supervisors, assistant supervisors,
guards, and watchmen, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9 (b)
of the Act.
' The Regional Director reported that the I. A. M. presented 220 membership applica-
tion cards bearing apparently genuine signatures of persons whose names appear on
the Company 's pay roll of April 18, 1942. There are approximately 683 persons in the
Unit hereinafter found to be appropriate.
1028 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 the Direction of
Election 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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations 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
X-Ray Corporation, Chicago, Illinois, 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 super-
vision of the Regional Director for the Thirteenth Region, acting in
this matter as agent for the National Labor Relations Board and
subject to Article III, Section 9, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed 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 in the active military` service or training of the
United States, or temporarily laid off, but excluding any who have
since quit or been discharged for cause, to determine whether or not
they desire to be'represented by International Association of Machin-
ists, affiliated with the American Federation of Labor, for the pur-
poses of collective bargaining.