Hytron Radio & Electronics Corp.

National Labor Relations Board - Board Decisions

Mar 4, 1946

66 N.L.R.B. 267 (N.L.R.B. 1946)

In the Matter of HYTRON RADIO & ELECTRONICS CORP. and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 1-R-2816.Decided March 4, 1946
Richard E. Blake, Esq., of Salem , Mass ., for the Company.
Mr. Donald C. Bollen, of Salem , Mass., for the C. I. O.
Philip J. Durkin, Esq ., of Salem, Mass ., for the Independent.
Mr. Harry R. Ehrlich, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the C. I. 0., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Hytron Radio & Electronics Corp., Salem,
Massachusetts, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before John W. Coddaire, Jr., Trial Examiner. The hearing was
held at Salem, Massachusetts, on January 23, 1946. The Company,
the C. I. 0., and Hytron Employees Union of Massachusetts, herein
called the Independent, appeared and participated. All parties 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
1. THE BUSINESS OF THE COMPANY
Hytron Radio & Electronics Corp. is a Massachusetts corporation
with its principal plant and office in Salem, Massachusetts . It also
66 N. L. R. B., No. 29.
267
268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
has plants at Lawrence, Massachusetts, and Newburyport, Massa-
chusetts. The Company is engaged in the manufacture and sale
of radio and electronic tubes. The Company uses as its principal
raw materials copper, nickel, brass, tin, and glass. The value of the
raw materials used annually by the Company is in excess of $1,500,000,
over 95 percent of which is shipped to points outside the Common-
wealth of Massachusetts. The annual value of the manufactured
products is in excess of $5,000,000, 90 percent of which is 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 ORGANIZATIONS INVOLVED
United Electrical Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations ; and Hytron Em-
ployees Union of Massachusetts are labor organizations admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 25, 1944, the Company and the Independent entered into
a contract which by its terms continued in force for 1 year and
from year to year thereafter unless either of the parties should give
written notice of their intention to terminate it at least thirty (30)
days prior to the expiration date of the agreement or any renewal
thereof. On April 14, 1945, the Independent notified the Company
of its desire not to renew the contract. On May 17, 1945, the Com-
pany and the Independent entered into a supplemental agreement
extending the contract of May 25, 1944, until such time as negotiations
for, a new contract should be completed, and further providing that
any new• contract arrived at in such negotiations should be effective
as of May 25, 1945.
The C. I. 0., by letter dated on or about December 11, 1945, re-
quested recognition of the Company as the bargaining agent of the
employees of the Salem plant of the Company. The negotiations
between the Company and the Independent had not resulted in an
agreement at the time of the C. I. O.'s request, and had not so
resulted at the time of the hearing.
The Independent claims that the supplemental agreement of May
17, 1945, raises a bar to a present determination of representatives,
contending that it has the effect of a new contract. We do not
agree, for the reason that the supplemental agreement is merely an
arrangement for an indefinite protraction of the original contract
HYTRON RADIO & ELECTRONICS CORP. 269
of May 25, 1944 , pending negotiations for a new contract .' Inasmuch
as the extension agreement is of indefinite duration and the contract
has been in effect for a period of 1 year, we find that it does not
bar a present determination of representatives.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. O. represents a substantial number
of employees in the unit hereinafter found appropriate.2
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 Act.
IV. THE APPROPRIATE UNIT
We find, in accord with an agreement of the parties, that all pro-
duction and maintenance employees of the Company at its Salem,
Massachusetts, plant, including recorders, watchmen, inspectors,
matrons, nurses, monitors, instructors, but excluding foremen, super-
visors, office and clerical employees, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, 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 an election by secret ballot among 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it
is hereby
1 Daniel Burkhartsmeier Cooperage Co, 49 N. L R B. 428. See also : Matter of Rheem
Manufactursng Company , 56 N. L. R. B. 159, and Matter of Great Bear Logging Company,
59 N. L. R. B. 701.
2 The Field Examiner reported that the C. I 0 submitted 191 application cards, bear-
ing names of 185 employees listed on the Company's pay roll of December 22, 1945.
There are approximately 360 employees in the appropriate unit
The Independent relied upon its contract with the Company as evidence of its interest.
270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hytron Radio &
Electronics Corp., Salem, 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 super-
vision of the Regional Director for the First Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among 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 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, to determine whether they desire to be represented
by United Electrical, Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations, or by Hytron Em-
ployees Union of Massachusetts, unaffiliated, for the purposes of
collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.