Harvey Radio Laboratories, Inc.

National Labor Relations Board - Board Decisions

Apr 27, 1945

61 N.L.R.B. 775 (N.L.R.B. 1945)

In the Matter of HARVEY RADIO LABORATORIES, INC. and UNITED ELEC-
TRICAL, RADIO AND MACHINE WORKERS OF AMERICA, C. I. O.
Case No.1-R--2291.Decided April 27,1945
Mr. Vernon C. Stoneman, of Boston, Mass., for the Company.
Mr. Donald H. Tormey, of Boston, Mass., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio and Machine
Workers of America, C. I. 0., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Harvey Radio Laboratories, Inc., Cambridge,
Massachusetts, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Leo J. Halloran, Trial Examiner. Said hearing was held at
Boston, Massachusetts, on March 6, 1945. The Company and the
Union appeared, participated, and 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Harvey Radio Laboratories, Inc., is a Massachusetts corporation
engaged in the manufacture and development of electronic, radar, and
radio equipment at Cambridge, Massachusetts. During 1944 the Com-
pany purchased raw materials valued at about $270,000, approximately
85 percent of which was shipped to it from points outside the Com-
monwealth of Massachusetts. During the same period the Company
61 N. L. R. B., No. 125.
775
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manufactured products valued in excess of $2,000,000, approximately
80 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 and Machine Workers of America is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 2, 1945, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the Com-
pany's employees. The parties could not thereafter agree upon a date
for a conference.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial 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 .92 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees at
the Cambridge, Massachusetts, plant of the Company, excluding exec-
utives, office employees, engineers, foremen, supervisory employees,
and guards, constitute a unit appropriate for the purposes of collective
bargaining. The parties disagree with respect to the inclusion or
exclusion of the employees discussed below.
The Company employs 16 persons classified as various types of engi-
neers. The parties agree that 8 of the engineers should be excluded
from the unit on the ground that they are supervisory employees and
paid on a salaried rate. The Company urges that the remaining 8
engineers be included in the unit, while the Union contends that they
should be excluded. The 8 engineers in dispute are paid on an hourly
rate but work together with the salaried engineers. The employees in
dispute work under the supervision of a project engineer and arrange
the set-up of equipment so that it is in shape for production by the
employees admittedly in the unit. The hourly paid engineers also
' The Field Examiner reported that the Union presented 134 application cards There
are approximately 230 employees in the appropriate unit
HARVEY RADIO LABORATORIES, INC. 777
build complicated pieces of equipment, receive a higher rate of pay
than the production employees, and are required to have a higher
degree of skill than the latter. We shall exclude all engineers from
the unit inasmuch as their duties are of a technical and professional
nature.
The Union urges that the person in the incoming inspection depart-
ment listed on the Company's pay roll as "incoming inspector-work-
ing supervisor" should be excluded from the unit, while the Company
contends that she should be included. This employee has charge of
five persons, reports directly to the inspection engineer, and is the only
supervisor in her section. The record discloses that she is consulted
by the chief engineer in establishing efficiency ratings for her subordi-
nates and that she can recommend effectively transfer of employees
working under her. We find that she is a supervisory employee, and
as such, we shall exclude her from the unit.
Frances Aloisio and Alice Renlinger are employed by the Company
in its electrical testing department as third-class radio technician-
testers. The Union would exclude them from the unit, while the Com-
pany would include them. The parties agree that the other radio
technician-testers in the electrical testing department should be in-
cluded in the unit. The two employees in dispute work in the labora-
tory rather than the testing room, assisting some of the engineers.
They are paid on an hourly rate and are carried on the plant pay roll.
The record discloses that they do not perform any confidential or super-
visory functions. We shall include them in the unit.
The Company employs five persons in its production control depart-
ment classified as clerks. The Union would exclude them from the
unit on the ground that they are confidential employees, while the
Company would include them. Three of the clerks work on the as-
sembly floor, while two of them work in the factory pay-roll office.
Although it appears that one of them acts as confidential clerk to the
division head of the radio assembly department, the confidential in-
formation to which he has access deals with confidential business
records rather than labor relations records. Three of the clerks keep
production records and take requisitions for materials to the stock-
room. At least one of the clerks delivers materials from the stock-
room to the various foremen. All of the clerks in the production
control department are paid on an hourly rate. The two clerks
working in the office keep the time records of the production em-
ployees and prepare various service orders. We conclude that the five
clerks in the production control department are non-supervisory and
non-confidential factory clerks. We shall include them in the unit.
The Company employs one person in its shipping, receiving, and
delivery department, classified as a foreman. The Union urges that
778 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
he be excluded from the unit, while the Company contends that he
should be included. The foreman in the shipping, receiving, and de-
livery department rates' the efficiency of his seven subordinates and
has the authority to recommend effectively their discharge or transfer.
We shall exclude him from the unit.
The Company employs one person in its drafting department,
classified as a "working foreman-first-class draftsman." The Union
urges that he be excluded from the unit, while the Company contends
that he should be included. The record discloses that this employee
assists in rating the efficiency of the eight employees in the drafting
department and has authority to effectively recommend their transfer
or discharge. We shall exclude him from the unit.
We find that all production and maintenance employees at the Cam-
bridge, Massachusetts, plant of the Company, including all radio
technician-testers and production control clerks, but excluding office
employees, guards, all engineers, executives, foremen, incoming in-
spector-working supervisor, working foreman-the first-class drafts-
man, foreman-shipping, receiving and delivery department, and any
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit
appropriate 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 means of 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 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 Harvey Radio
Laboratories, Inc., Cambridge, Massachusetts, 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 First Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
HARVEY RADIO LABORATORIES , INC. 779
ject to Article III, Sections 10 and 11, 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 employees who did not
work during 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 any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by United
Electrical , Radio and Machine Workers of America, C . I. 0., for the
purposes of collective bargaining.