Radio Corp. of America

National Labor Relations Board - Board Decisions

Aug 30, 1944

57 N.L.R.B. 1729 (N.L.R.B. 1944)

In the Matter of RADIO CORPORATION OF AMERICA, RCA. VICTOR DivlsioN
and FEDERATION OF ARCHITECTS, ENGINEERS, CHEMISTS AND TECH-
NICIANS, C . I. O.
Case No. 4-R-14 9.-Decided Avgust 30, 194-1
Mr. J. M. Clifford, of Camden, N. J., for the Company.
Messrs. Saul C. Waldbaum and Theodore Vincent, of Philadelphia,
Pa., for the Union.
Mr. F. Morse Archer, Jr., of Camden, N. J., for the Committee.
Mr. Sidney Grossman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by the Federation of Architects, Engi-
neers, Chemists and Technicians, C. I. 0., herein called the Union,_
alleging that a question affecting commerce had arisen concerning the
representation of employees of, the Radio Corporation of America,
RCA Victor Division, herein called the Company, the National Labor-
Relations Board provided for an appropriate hearing upon due notice.
before Eugene N. Purver, Trial Examiner. Said hearing was, held
at Philadelphia, Pennsylvania, on July 31, 1944. At the commence-
ment of the hearing the Trial Examiner granted a motion of the Com-
mittee for Professional Personnel of the RCA, herein called the Com-
mittee, to intervene.' All parties appeared, participated, acid 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 an opportunity to
file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
' The Committee admittedly, is not a labor organization within the meaning of the Act ;
it appeared solely for the purpose of assisting the Board in determining the appropriate.
unit, and does not desire to participate in any election directed herein.
57 N. L. R. B., No. 288.
601248-45-vol. 57_'110 1729
1730 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Radio Corporation of America is,a Delaware corporation with its
principal office at N6v York City. The Company, through its RCA
,Victor Division, opefates plants located in four States. This proceed-
ing concerns employees of the Company working in its Camden, New
Jersey, plant, where the Company is engaged in the manufactute.of
radio, radar, and electronic equipment. Annually, the Company uses
raw materials and component parts at its Camden plant of a value in
excess of $40,000,000, of which approximately 70 percent is received
at such plant from points outside, the State of New Jersey. -Tile Conl- ,
parry annually produces finished products at this plant of a value in
excess of $100,000,000, of which approximately 90 percent is shipped
to points outside the State of New Jersey.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.,
II. THE ORGANIZATION INVOLVED
Federation of Architects, Engineers, Chemists and Technicians,,
affiliated with the Congress of Industrial Organizations,-is a labor
organization 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 employees of the Company
until the Union has been certified-by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, in that the Union represents a substantial' number of
employees in the unit hereinafter found to be 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.
2 The Field Examiner reported that the Union submitted 291 authorization cards bearing
the names of persons appearing on the Company 's pay roll of May 31 , 1944 There ate
approximately 847 employees in the unit alleged by the Union,to'be appropriate, of whom
320 represent design and-development engineers ; 57 represent tnuc-study engineers, Jr ,, and
Sr, whom all the parties would exclude; and 470 represent all other salaried technical
employees. - Of the 291 cards submitted by the Union, 65 bear the names of design and
development engineers, and 226 bear the names of the remaining salazied technical em-
ployees other than tine-study engineers Two hundred and eighty-t«o cards bore dates
between February and July 1944, and 9 were undated
The Committee placed in evidence a petition containing approximately 213 signatures
of design and development engineers who thereby designated the Committee to represent
their interests
RADIO CORPORATION OF AMERICA 1731
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Union contends that the appropriate unit should consist of
design and development engineers and engineering students; drafts-,
men, process analysts, factory engineers, project engineers, material
specialists, production control engineers, and all other salaried tech-
nical employees, including photographers,, but excluding all non-
technical'employees,-clerks,'tinle-study engineers, staff assistants, and
all categories of employees with the rank of working group leader or
above, and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action. The Company and
the Committee are opposed to a unit which would include both the
design and development engineers arA engineering students, herein-
after referred to as professional engineers,? and the remaining tech-
nical employees, and maintain that each should be embraced within
a separate appropriate unit.
The record discloses that both the professional engineers and the
remaining technical employees are subject to the same plans with
respect to',salary, working hours, vacation, insurance, sick leave, and
hospitalization. Also, that the jobs of both groups are technical in
nature and that the work of one group complements that of the other.
The record also discloses , however, that the professional engineers do
essentially creative work both in research and development, which is,
in turn, carried out and prepared for' production by the remaining
technical employees. Their work is of such character that the results
accomplished cannot be standardized in relation to a given period of
time or in terms of quality or production; whereas the work of the
remaining technical' employees is more susceptible to such standard-
ization: Also, a higher percentage of the professional engineers pos-
sesses a more extensive education and training than the other technical
employees. ,
In view of the foregoing, we.find that the professional engineers and
the remaining technical employees might function as separate bar-
gaining units, or might appropriately be included in a unit embracing
both groups. Accordingly, we are of the opinion'that the desires of
the employees themselves should be a factor in our determination of
the type of unit through which they shall bargain.4 We shall, there-
fore, make no present determination of the appropriate unit or units
as affecting the Camden, New Jersey, plant, but shall reserve such
4 Under the category of professional engineers and student engineers , are included elec-
tiical or mechanical engineers , chemists, and physicists ,
I See Matter of General Electric Company, 57 N I, R B 81 , Matter of Shell Develop-
meat Company, Inc . 38 N L R B 192
1732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
finding pending the result of the separate elections which we shall here-
inafter direct. Upon the results of these elections will depend in part
the scope of the bargaining unit or units.
There remains for consideration a dispute between the parties with
regard to the following categories :
Working group leaders. The Company and the Union seek the
ekclusion of working group leaders. The Committee favors their in-
clusion if the Boird finds that the professional engineers constitute an
appropriate unit. The record discloses that these employees have the
authority to recommend the hire, discharge, transfer, promotion, and
wage increase of employees under their supervision. We find that
working group leaders fall within our usual definition of supervisory
employees; we shall exclude them. -
Cost estimators. The Company would exclude cost estimators from
any unit which the Board may find to be appropriate on the ground
that they are confidential employees in that they prepare estimates
from complex electrical equipment or components thereof to determine
.the manufacturing and development costs. 'The record does-not dis-
close, however, that the cost estimators possess any advance informa-
tion relating to matters associated with labor relations; we shall
therefore include them.
We shall direct that separate elections by secret ballot be held among
employees of the Company within each of the groups listed below 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. There shall be excluded from
each of such voting groups, in addition to others specifically mentioned
herein, all 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. The respective voting;
groups shall be as follows :
(1) Among .the design and development engineers and engineering
students, in the Camden, New Jersey, plant, excluding all categories of
employees with the rank of working group leaders and above;
(2) Among the remaining technical employees in the engineering
and productive departments of the Company at its Camden, New
Jersey, plant, including engineering aides, photographers, technical
writers and editors, drafting illustrators, drafting checkers, drafting
designers, drafting detailers, tracers, laboratory assistants, process
engineers, manufacturing problem analysts, manufacturing develop-
ment engineers, check-tool designers, drafting plant lay-out and con-
struction engineers, and cost estimators, but excluding all non-technical
employees, clerks, time-study engineers, and staff assistants. '
RADIO CORPORATION OF AMERICA 1733
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,
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 Radio Corporation
of America, RCA Victor Division, Camden, New Jersey, separate elec-
tions by secret ballot shall be conducted as early as possible but not
later than thirty (30) days from the date of this Direction of Elections,
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, Sections 10 and 11, of said
Rules and Regulations, among the employees in the groups referred to
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 employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the elections, to determine whether or not employees in the
groups described in Section IV, above, desire to be represented by In-
ternational Federation of Architects, Engineers, Chemists and Tech-
nicians, Chapter 41, C. I. 0., for the purposes of collective bargaining.5
CHAIRMAN MmLis took no part in the consideration of the above-
Decision and Direction of Elections.
The Union 's iequest to appear on the ballot as designated above is hereby granted.