Micamold Radio Corp.

National Labor Relations Board - Board Decisions

Oct 10, 1944

58 N.L.R.B. 888 (N.L.R.B. 1944)

In the Matter of MICAMOLD RADIO CORPORATION and LOCAL 1, UNITED
OFFICE AND PROFESSIONAL WORKERS OF AMERICA, C. I. O.
Case No. 2-R-4849.-Decided October 10, 1944
Messrs. Dreyer d Traub, by Mr. Moses Shapiro, Brooklyn, N. Y.,
for the Company.
Messrs. Boudin, Cohn d Glickstein, by Mr. Samuel H. Cohen, of
New York City, for the Union.
Mr. Sidney Grossman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon an amended petition duly filed by Local 1, United Office and
Professional Workers of America, C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Micamold Radio Corporation, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Jerome I. Macht,
Trial Examiner. Said hearing was held at New York City, on August
9, 17, and 18, 1944. The Company and the Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 an 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
Micamold Radio Corporation, a,New York corporation, with its
principal office and place of business located in Brooklyn, New York,
is engaged in the manufacture, sale, and distribution of radar com-
58 N. L . R. B., No. 169.
888
MICAMOLD RADIO CORPORATION 889
munications; and electronic components. During the past year it pur-
chased raw materials, consisting principally of bakelite, tinfoil and
similar products, valued in excess of $50,000, of which 75 percent was
received from sources outside the State of New York. During the
same period, its shipments of finished products were valued in excess
of $1,000,000, of which 75 percent was shipped to points outside the
State of New York. It is engaged entirely in war work.
.The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 1 , United Office and Professional Workers of America, af-
filiated with the Congress of Industrial Organizations , is a labor or-
ganization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the Company's employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial 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 2 (6) and (7) of the Act.
IT. THE APPROPRIATE UNIT
The Union .seeks a.unit consisting of all office workers, including
the employees in the industrial engineering department,2 and the em-
ployees in the laboratory and engineering department, listed in Ap-
pendix C, attached hereto, or, in the alternative, if the Board con-
siders a unit embracing both the office workers and the laboratory and
engineering workers inappropriate, a separate unit embracing each
group. The Company contends that there should be one unit con-
sisting of office workers, and while it does not assert that the labora-
tory and engineering employees should not have representation for the
purposes of collective bargaining, it is opposed to a unit which would
include both the office workers and the laboratory and engineering
workers.
' The Field Examiner reported that the Union submitted 39 applications for membership
of which-32 bore- apparenhlyrgenuine original signatures ; that 21 cards bore the names of
office workers of which 41 appeared on the Company 's'pay roll , and that 11 cards bore the
names of laboratory workers of which 16 appeared on the pay roll. There are 44 employees
in the unit herein alleged to be appropriate.
The parties stipulated that the employees in the industrial engineering department are
a part of the office workers and should be so included.
890 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The record discloses that the laboratory and engineering employees
are a clearly identifiable group apart from the office workers; their
work and qualifications are of a professional and technical character,
they function under a chief engineer in a separate department, and
are accorded different treatment by the Company with respect to
wages and working conditions . We find therefore that the laboratory
and engineering employees and the office workers constitute separate
appropriate units .3
It was agreed by the Union and the Company that the employee
classifications listed in Appendix A, attached hereto, be included in
the office workers ' unit; we shall include them . The parties also
agreed that the employee classifications listed in Appendix B, attached
hereto, be excluded from the office unit . Inasmuch'as the record in-
dicated, in each instance , that i hese employees are either confidential
employees , in that they have access to information pertaining to labor
relations , or possess supervisory authority within the meaning of our
customary definition , we shall exclude the employees listed in Ap-
pendix B.
The Company stated that in addition to the employee classifications
whose exclusion was agreed to by the Union, it is contending for the
exclusion of certain other classifications in the office unit concerning
which evidence was introduced at the hearing . The Company's con-
tentions are, in each instance , based upon its claim that the employees
involved bear a confidential relationship to management and, with
respect to certain classifications , that such employees are also super-
visory. We shall discuss the disputed employee classifications below :
Chief purchasing agent. This employee makes daily purchases of
the small component products that are manufactured by the Com-
pany. Normally , he directs and is responsible for the work of four
clerks. His wage is higher than that of the clerks and he can
effectively recommend their dismissal. Since he exercises supervisory
functions within our customary definition , we shall exclude him.
Chief of pay-roll department . This employee is normally in charge
of 11 employees , consisting of pay-roll clerks and comptometer oper-
ators. She has authority to hire, discharge , recommend salary in-
creases, and discipline employees under her control . We shall there-
fore exclude her as a supervisory employee.
Time-study engineer . The time-study engineer conducts time-
studies of all piece-work operations performed in the plant and estab-
lishes piece rates for the factory workers. He formulates ways and
means of eliminating inefficiency in connection with such operations,
and estimates costs thereby assisting the Company in ascertaining
the proper bidding and selling price. The wage rates fixed by him
3 Matter of Oliver Farm Equipment Company, et at., 53 N. L. R. B. 1078.
MICAMOLD RADIO CORPORATION 891
are usually relied upon by the Company , and his judgment as to
soundness of the rates of pay for production workers is determinative
when grievances are submitted to the Company . In addition to the
foregoing duties, he is secretary to the Company 's Safety Committee,
which is composed of three foremen and himself and makes recom-
mendations for the elimination of hazards . In view of the man-
agerial responsibilities of the time -study engineer , we shall exclude
him.
Pay-roll clerks. The Company requests the exclusion of pay-roll
clerks for the specific reason that they have access to confidential in-
formnation relating to rates of pay and earnings of the production
employees . The duties of these employees consist of analyzing time
cards of factory workers, making necessary adjustments and correc-
tions, and calculating straight time and overtime earnings from in-
formation indicated on the time cards . Although they do not com-
pute the pay roll for office workers, the Company maintains that, by
reason of the proximity of the pay -roll records for such employees,
the pay-roll clerks readily have access thereto. As the foregoing
indicates , the information available to the pay-roll clerks does not
relate directly to the problem of labor relations. Accordingly, we find
that these employees do not have a confidential status; we shall in-
clude them in the unit.
Personnel interviewers. These employees interview applicants for
employment, check the applications , consider the qualifications of the
applicants, hire new production employees, and refer applicants for
office work whom they may consider qualified to the appropriate de-
partmnent head for a further interview . The duties of personnel in-
terviewers are directly related to labor relations; we shall therefore
exclude them from the unit.
Secretaries and assistant to custo'ihers relations engineer. Included
in the secretarial category are the secretary to the director of pur-
chases, secretaries to Army and Navy inspectors , and secretary to the
customers relations engineer . The Company would exclude all of
these employees for the reason that they have access to confidential
information relating to labor relations and other matters pertaining
to company business.
The customers relations engineer , who is listed as a company execu-
tive on the pay roll, negotiates contracts with the Army 'and Navy, and
acts as liaison man between the Company and resident Army and
Navy inspectors with respect to the performance and progress of such
contracts . His two subordinates consists of •i secretary , who performs
usual secretarial duties , and an assistant who takes care of the detail
work . The Company assigned two secretaries to the Army and Navy
inspectors , who, among other secretarial duties, reconcile differences
892 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
between company records and Government specifications, and make
reports to the customers relation engineer. The record reveals that
the customers relations engineer, as part of his responsibilities, makes
reports relating to labor conditions in the plant to the Army and Navy
inspectors, and that files kept by these officials are available to their
secretaries. The secretary and the assistant to the customers relations
engineer would also obviously have access to such information. Conse-
quently, we shall exclude the secretaries to the Army and Navy inspec-
tors, secretary to the customers relations engineer, and his assistant.
We shall also exclude the secretary to the director of purchases since
it would appear that the latter in his supervisory capacity as head of
a department, and in turn his secretary, have access to information
relating to labor problems.4
We find that the following groups of the Company's employees con-
stitute units appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act :
(1) All office workers, including all employees listed in Appendix
A, .and including pay-roll clerks, but excluding all employees listed
in Appendix B, chief purchasing agent, chief of pay-roll division,
time-study engineer, personnel interviewers, assistant to customers re-
lations engineer, and secretaries to Army and Navy officials, to cus-
tomers relations engineer, and to director of purchases, 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 ; and
(2) All employees in the laboratory and engineering department
listed in Appendix C, but excluding all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes-in the status of employees, or effectively recommend such
action.'
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by elections 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 Elections herein,
subject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTIONS
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,
* See Matter of Utah Copper Company, 57 N. L R. B., No. 58; Matter of General Cable
Corporation, 55 N L. R. i3.1145; Matter of the Hoover Company, 55 N L. R B. 1321.
Excluded from the unit, pursuant to agreement of the parties, are the chief engineer,
chief design engineer, and specifications engineer on oil capacitors.
MICAMOLD RADIO CORPORATION 893
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 Micaniold Radio
Corporation, Brooklyn, New York, separate elections 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 Second 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 the employees in the units 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 the said pay-roll period because they were ill or on vaca-
tion 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 dis-
charged 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 Local 1, United Office and Professional Workers of
America, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
APPENDIX A
Purchasing Department
Clerk
Pay-roll Department
Comptometer operator
Typist, pay-roll checks and
records
General Office
File clerk
Comptometer operator, bill-
ing
Billing clerk
Order clerk
Telephone Operators
Telephone operator
Receptionist
Receptionist
Industrial Engineering
Scheduling and planning
Typist and clerk on produc-
tion reports
Clerk-not a typist
894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX B
Purchasing Department
Director of purchases-
Chief,, expediter
Advertising counsel
Secretaries
To president
To vice president and man-
ager
Industrial Engineering
Chief industrial engineer
Personnel Department
Manager of personnel depart-
ment
Executives
Assistant to president
Customers relations engineer
Sales manager
Controller
APPENDIX C
Laboratory and Engineers
Draftsman
Transmitting mica capacitor engineer
Equipment maintenance engineer
Specifications-project engineer
Testing of minerals, etc.
`Clerk-laboratory assistant
Clerk