89 N.L.R.B. 1187 (N.L.R.B. 1950)

General Instrument Corp.

National Labor Relations Board - Board DecisionsMay 5, 1950

89 N.L.R.B. 1187 (N.L.R.B. 1950)

In the Matter of GENERAL INSTRUMENT CORPORATION, EMPLOYER and' INTERNATIONAL UNION OF ELECTRICAL, RADIO & MACHINE `YORKERS,. LOCAL No. 436, CIO, PETITIONER In the Matter of GENERAL INSTRUMENT CORPORATION, EMPLOYER ANDS PETITIONER and INTERNATIONAL UNION OF ELECTRICAL, RADIO 8L MACHINE WORKERS, LOCAL No. 436, CIO, UNION Cases Nos. 2-RC-1891 and 2-RM-158.-Decided May 5, 1950 DECISION AND DIRECTION OF ELECTION Upon consolidated petitions duly filed, a hearing was held before Vincent M. Rotolo, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' The Intervenor moved. to dismiss both petitions filed herein upon the ground of contract bar. This motion will be considered hereinafter. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Reynolds, Murdock, and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations involved claim to represent certain employees of the Employer. 3. The Intervenor contends that its contract with the Employer constitutes a bar to this proceeding. Such contract, dated May 8, 1948, continues in effect until May 8, 1950, and from year to year thereafter, unless termination notice is given by either party at least 60 days prior to the expiration date. The RC petition was filed herein on De- cember 14, 1949, and the RM petition on December 15, 1949. As the petitions were filed prior to the automatic renewal date of the contract, March 8, 1950, eve find, without regard to any other considerations, ' United Electrical, Radio and Machine Workers of America, Local No. 436, herein called the Intervenor, was permitted to intervene upon the basis of contractual interest. 89 NLRB No. 135. 1187 889227-51-vol. 89-76 :1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD -.that the contract in question is not a bar to a present determination of representatives. Accordingly, the Intervenor's motion to dismiss .upon the ground of contract bar is hereby denied. 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. 4. The following employees of the Employer's Elizabeth, New Jersey, plant constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act: All hourly paid employees, excluding engineering employees, lab- oratory employees, maintenance and production clerks, toolroom ,employees, tool design employees, time-study and methods employees, -timekeeping employees, experimental workers, office clerical em- ployees, salary clerks, instrument makers, employees in the screw machine department (other than female inspectors), employees in the sample department, nurses, watchmen, guards, and supervisors as defined in the Act 2 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the ,purposes of collective bargaining with the Employer, an election by .secret ballot shall be conducted as early as possible, but not later than -30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the payroll period immediately preceding the ,date of this Direction of Election, including employees who did not work during said payroll 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 re- instated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether ,they desire to be represented, for purposes of collective bargaining, 'by International Union of Electrical, Radio & Machine Workers, Lo- cal No. 436, CIO, or by United Electrical, Radio and Machine Workers ,of America, Local No. 436,3 or by neither. The unit sought in both petitions filed herein is the same as that set forth in the Employer's contract with the Intervenor. ' Although the Intervenor would not stipulate as to the appropriateness of the requested unit , it made no effort to show such unit to be 'inappropriate. 3 As United Electrical , Radio and Machine Workers of America , Local No. 436, is not in compliance , the Regional Director is hereby instructed that its name shall not be placed ,upon the ballot unless it effects compliance within 2 weeks from the date of this Direction.