R. C. A. Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Mar 29, 1941

30 N.L.R.B. 668 (N.L.R.B. 1941)

In the Matter of R. _Ci. A. MANUFACTURING COMPANY, INC. and UNITED
ELECTRICAL , RADIO AND MACHINE WORKERS OF AMERICA , LOCAL 103
Case' No. R-2380.Decided March 29, 1941
Jurisdiction : radio and sound transmission and receiving products manufac-
turing industry.
Investigation and Certification of Representatives : existence of question: Com-
pany refuses to recognize union as exclusive - representative of watchmen until
certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all watchmen excluding captains.
Mr. Lawrence B. Morris, of Camden, N., J., for the Company.
Mr. Saul C. Waldbaum, of Philadelphia, Pa., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 28, 1941, United Electrical, Radio and Machine Work-
ers of America, Local 103, herein called the Union, filed with the
Regional Director for the Fourth Region (Philadelphia, Pennsyl-
vania) a petition alleging that a question affecting commerce has
arisen concerning the representation of employees of,R. C. A. Manu-
facturing Company, Inc., Camden, New Jersey, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On February 24, 1941, the Na-
tional Labor Relations Board, herein called-the Board, acting pursuant
to Section 9 (c) of the Act and Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
On Febrary 28, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on March 10, 1941, at
Philadelphia, Pennsylvania, before Geoffrey J. Cuniff, the Trial Ex-
aminer duly designated by the Chief Trial Examiner. The Company
and the Union were represented by counsel and participated in the
30 N. L. R. B., No. 103.
668
R. C. A. MANUFACTURING COMPANY, INC: 669,
hearing. Full opportunity to be heard, to examine and cross- examine
witnesses, and to introduce evidence bearing on the issues was afforded
all parties. During the course of the hearing the Trial Examiner
granted a motion of the Union to amend the petition to exclude cer-
tain employees. At the close of the hearing counsel for the Company
moved to dismiss the petition on the ground that the employees in-
volved herein are not sdbject to the jurisdiction of the Board. The
motion was denied. During the course of the hearing the Trial
Examiner made several rulings on motions and on objections to the
adinission of evidence. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company operates a plant at Camden , New Jersey , where it
is engaged in the manufacture and distribution of radio and sound
transmission and receiving products . The Company purchases and
has transported to it at Camden large quantities of raw materials, and
it maintains sales and service branches and distributing points
throughout the United States and in foreign countries for the pur-
pose of selling , distributing , and servicing the products manufactured
by it at Camden . The Company admits that it is engaged in inter-
state commerce within the. meaning of the Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio and Machine Workers of America, Local
103, is a labor organization affiliated with the Congress of Industrial
Organizations. - It admits to membership employees at the Camden
plant of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
The Compariy refuses to recognize the Union as exclusive repre-
sentative of the watchmen at its Camden plant until such time as the
Board certifies the Union as exclusive, representative of such employees.
A statement of the Regional Director introduced in evidence shows
that the Union represents a substantial number of employees in the
unit urged by it to be appropriate.'
1 The Regional Director's statement shows that 58 employees within the unit alleged
to be appropriate , whose names appear on the Company ' s pay roll of February 1, 1941,
have signed membership application cards In they Union. There are approximately 79
employees on the February 1, 1941, pay roll who are in the unit alleged by the Union
to be appropriate.
670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD '
We find that a question has arisen concerning the representation of
employees of the Company.
IV. TIIE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. 1HE APPROPRIATE UNIT
The Union urges that all watchmen at the Camden plant of the
Company, excluding captains, constitute an appropriate unit. The
Company contends that such a unit is inappropriate inasmuch as the
watchmen are representatives of the management, are not production
employees, and must be impartial in the perforlnance of their duties,
and urges that the petition be dismissed.
The Company employs approximately .79 watchmen, under the
supervision of three captains, who protect the Company property,
check persons entering and leaving the plant, and guard the plant
during the day. They are not deputized and they receive hourly
wages.
In. a prior proceeding involving the Camden plant of the Com-
pany,2 the Board found appropriate a unit consisting of production
employees at the plant, excluding among other classes of employees,
watchmen, and thereafter, after an election in which the Union re-
ceived a' majority of the votes cast, the Boiird certified the Union
as the exclusive bargaining representative of all employees in that
unit.3 Before the fall of 1940 the watchmen were not represented
by any labor organization. At that time they approached the Union
and requested that they be accepted as members and that the Union
represent them for the purpose of bargaining collectively with the
Company. A majority of the watchmen appear to have accepted
,membership in the Union and no other organization seeks to repre-
sent them. In the circumstances we see no reason why the request
for a unit of watchmen should not be granted.4
2Matter of R. C. A. Manufacturing Company, Inc. and International Brotherhood of
Electrical Workers B-95n, 16 N L R. B. 883.
3Matter of R. C. A. Manufacturiny Company, Inc. and International Brotherhood of
Elects ical Workers B-957, 19 N L R B. 24 ,
'Matter of Westinghouse Electric 4 Manufacturing Company and Local 7724, United
Eleotitical, Radio d Machine Workers of America, affiliated with C. I. 0, 28 N. L. R. B.
799
R. C. A. MANUFACTURING COMPANY, INC. 671
We find that all watchmen at the Camden plant of the Company,
excluding captains , constitute 'a unit appropriate for the purposes of
collective bargaining and that such unit will insure to employees of
the Company the full benefit of their right to self-organization. and,
to collective bargaining and otherwise effectuate the policies of the
Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. We shall
direct that all employees in the appropriate unit who were employed
by the Company during the pay-roll period immediately preceding
the Direction of Election herein, subject to such limitations and
additions as are set forth in the Direction hereinafter , shall be
eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting cominerce has arisen concerning the repre-
sentation of employees of R. C. A. Manufacturing Company, Inc.,
Camden, New Jersey, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All watchmen at the Camden plant of the Company,-excluding
captains, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
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 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby -
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for, the , purposes of collective bargaining
with R. C. A. Manufacturing Company, Inc., Camden, New Jersey,
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
Fourth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Section 9, of said Rules
672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and Regulations, among all watchmen at the Camden plant of the
Company who were employed during the pay-roll period immediately
preceding this Direction, including employees who did not work
during such pay-roll period because they were ill or on vacation or
absent because called for military service and employees who were
then or have since been temporarily laid off, but excluding captains
and employees who have since quit or been discharged for cause; to
determine whether or, not they desire to be represented by United
Electrical, Radio and Machine Workers of America, Local 103, af-
filiated with the Congress of Industrial Organizations, for the
purposes of collective bargaining. -