Radio Corp. of America

National Labor Relations Board - Board Decisions

Sep 15, 1944

58 N.L.R.B. 271 (N.L.R.B. 1944)

In the Matter of RADIO CORPORATION OF AMERICA and UNITED ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
In the. Matter of RCA VICTOR DIVISION OF RADIO CORPORATION OF
AMERICA and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFFILIATED WITH THE A. F. L.
In the Matter of RCA VicroR DIVISION OF RADIO CORPORATION OF
AMERICA and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFFILIATED WITH TILE A. F. L.
Cases Nos. 9-R-1435, 9-R-1483 and 9-R-1484 respectively .Decided
September 15, 1944
Mr. J. M. Clifford, of Camden , N. J., for the Company.
Mr. Robert Kirkwood , of Indianapolis , Ind., for the U. E.
Mr. Francis O'Rourke, of Indianapolis , Ind., for the IBEW.
Mr. Robert Silagi, of counsel to the Board.
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed respectively by United Electrical, Radio &
Machine Workers of America, C. I. 0., herein called the U. E., and.by
International Brotherhood of Electrical Workers, affiliated with the
A. F. L., herein called the IBEW, alleging that questions affecting
commerce had arisen concerning the representation of employees of
RCA Victor Division of Radio Corporation of America, Bloomington,
Indiana, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
David Karasick, Trial Examiner. Said hearing was held at Indianap-
olis, Indiana, on August 9, 1944. The Company, the U. E. and the
IBEW appeared and participated. All parties were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are hereby
58 N L R. B., No. 55.
271
272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
I. THE BUSINESS OF THE COMPANY
RCA Victor Division is a division of Radio Corporation of America,
a Delaware corporation. The parent corporation is engaged in the
manufacture, sale, and distribution of radios and electronic equipment
and operates several manufacturing plants in various States of the
United States. This proceeding, however, is concerned solely with
the plant located in Bloomington, Indiana, which is engaged largely
in the assembly of electronic equipment. During the first 6 months
of 1944, the Bloomington plant purchased raw materials valued at
approximately $4,000,000, of which about 80 percent was procured from
sources located outside, the State of Indiana. During the same period
of time, the Company's finished products exceeded $6,000,000 in value,
all of which was sold to agencies of the United States Government for
use in the war and-was shipped to various points in the United States
and foreign countries.
The Company concedes, and we find, 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, is a labor organization
admitting to membership employees of the Company.
International Brotherhood of Electrical Workers, affiliated with the
American Federation of Labor, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On or about January 5, 1944, the U. E. informed the Company that
it-represented certain of its employees and requested recognition as
their exclusive bargaining representative. On May 9,1944, the IBEW
similarly notified the Company. The Company has not recognized
either union but desires the Board to determine the questions con-
cerning representation. -
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the IBEW represents a substantial number of
employees in the units hereinafter found appropriate.'
1 For Case No. 9-R-1483 the Field Examiner reported that the IBEW submitted 669 -
authorization cards, 610 of which bore the names of persons listed on the Company's pay
RADIO CORPORATION OF AMERICA 273
We find that questions affecting commerce have 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 UNITS
The toolroom unit
The U. E.'seeks a unit composed of all toolroom employees, exclud-
ing supervisors and clerical workers. The Company and the IBEW
oppose this unit, contending that a plant-wide unit is appropriate.
There are 16 employees in the toolroom, 12 of whom work on the first
floor and the remaining 4 work in the basement of the plant. Sepa-
rate assistant foremen supervise the activities of each group. Hourly
wage rates for these employees vary from 50 cents for the 2 toolcrib
attendants to $1.32 for the first-class toolmaker. There are 7 second-
class machinists `in the toolroom who spend as high as 95 percent of
their time in the plant proper setting up machines and doing main-
tenance work. The 2 toolcrib attendants furnish parts to employees
throughout the plant and spend about half their time supplying
materials to plant employees as distinguished from those in the tool-
room. Interchange of employees between the toolroom and the plant
is considerable, 7 transfers having been made since the beginning of
the year. The Company's policies with respect to vacations, insurance,
seniority, and other benefits are uniformly applicable to all its full-
time employees. With one exception, all other plants of the parent
corporation are organized on a plant-wide basis. While some of the
toolroom employees are more highly skilled and receive higher wage
rates than other employees in the plant, the factors enumerated above
persuade us that a unit limited to toolroom employees is not
appropriate.
The production and maintenance unit
In Case No. 9-R--1483, the IBEW requests a plant-wide unit of pro-
duction and maintenance employees of the Company. While insist-
ing that a unit of toolroom employees is appropriate, the U. E. states
roll of June 18, 1944, which contained the names of 1,675 employees in the appropriate
unit. The cards were variously dated between May and July, 1944. The U. E. submitted
197 authorization cards 122 of which bore the names of per sons appearing on the aforesaid
pay roll. The cards were dated between January and July 1944.
In Case No. 9-R-1484 the Field Examiner reported that the IBEW submitted 24
authorization cards 22 of which bore the names of persons appearing on the Company's
pay roll of June 18, 1944, which contained' the names of 54 employees in the appropriate
unit. The U. E. submitted 1 card
As for_ Case No 9-11-1435 the U E. submitted 13 authorization cards 10 of which bore
the names of persons appearing on the Company's pay roll of May 21, 1944, which contained
the names of 16 employees within the allegedly appropriate unit. The IBEW submitted
14 authorization cards all of which bore the names of persons appearing on the aforesaid
pay toil.
609591-45--vol. 58-19
274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that should the Board differ with its position , then it will agree to a
plant-wide unit and would desire to be accorded a place on the ballot.
As stated above, the Company subscribes to the position of the IBEW.
Working group leaders. The,parties are unable to agree upon the
inclusion or exclusion of working group " leaders. The IBEW would
include them and the U. E. and the Company would exclude them.
The record shows that there are 119 employees in that category and
that they supervise the activities of groups of from 5 'to 15 produc-
tion employees . They receive a, base rate of 66 cents per hour which
is 6 to 10 cents more than the production employees receive. Work-
ing group leaders are responsible for the training, adjustment of
working conditions , and direction of work of the employees under
them . They spend from 20 to 50 percent of their time working on
the assembly lines either for the purpose of relieving employees, sub-
stituting for absentees , or instructing employees . They are responsi-
ble to the assistant foremen in the departments in which they work
and recommend to those supervisors the promotion , discharge, or
discipline of their subordinates. In some instances when employees
are dismissed, their releases are signed by working group leaders.
We are of the'opinion that working group leaders fall within our cus-
tomary definition of supervisory employees and, accordingly , we shall
exclude them from the unit.
In substantial accord with the agreement of the parties, we find
that all production and maintenance employees, including assemblers,
stock handlers, productive helpers, shippers, receivers, and packers,
toolcrib attendants , machine operators , inspectors, test maintenance
employees, employees engaged in repair work and solder-iron work,
touch -up burners , trouble shooters , toolmakers , machinists, cleaners
and sweepers , firemen, general maintenance employees including paint-
ers, electricians and carpenters , and storekeepers, but excluding junior
clerks, office and clerical employees , technical engineers and drafts-:
men, plant-protection employees , foremen in training , working group
leaders, foremen , assistant foremen and any other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or oth-
erwise effect changes in the status of employees , or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
The plant-protection unit
In Case No. 9'--R-1484, the IBEW seeks a unit comprising all
plant-protection employees , excluding sergeants and higher ranking
officers. All parties agree that this constitutes an appropriate unit.
The plant-protection employees are armed guards who were demili-
tarized in May 1944, but, by request of the Navy Department, were
i
RADIO CORPORATION OF AMERICA 275
scheduled to be militarized again sometime prior to August 21, 1944.
Accordingly, we shall establish a separate unit for the plant-protection
employees.
We find that all plant-protection employees of the Company but
excluding sergeants and all higher ranking officers and any 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' j irposes of collective bargaining within the meaning of Section
9) (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
As of the date of the hearing, the Company employed some 200 high
school students who worked as assemblers during their summer vaca-
tion. The student assemblers received the same rate of pay, as did the,
regular assemblers, however, the former were never transferred to
other jobs, nor did they participate in the vacation plan or acquire
seniority as do the latter, even though both groups received the same
insurance benefits. The hiring of students below the age of 18 is a
war-time exigency which the Company will abandon when the man-
power shortage eases. Meanwhile, the Company `intends to keep as
many of its student assemblers employed as desire to remain. It is
estimated that only 40 student assemblers will work after school hours
once the fall semester starts. These employees will work 26 or 27
hours per week as against the 48-hour work week under which the
Company is presently operating. Inasmuch as the majority of the
student assemblers will shortly terminate their employment with the
Company, it is apparent that as temporary employees they lack suffi-
cient interest in common with the regular employees to justify their
participation in the selection of a bargaining representative. As for
those student assemblers who intend to continue working as regular
part-time employees, we find that they are eligible to participate in
the election.'
We shall direct that the questions concerning representation which
have arisen be resolved by separate elections by secret ballot among
the employees in the appropriate units 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 .3
2 See Matte, of Johnson-Handler/-Johnson Company and Johnson Furniture Company,
51 N L. R. B 1282 ; Matter of Ken-Red Tube t Lamp Corporation , 56 N. 'L R B. 1050;
Matte, of Corn Products Refining Company, 56 N. L. R. B. 1140 ; and Matter of Swift
and Company , 57 N. L. R B. 1334.
'The U, E does not desire to participate in the election on behalf of the plant -protection
emplo3 ees
276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions 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 RCA Victor Divi-
sion of Radio Corporation of America, Bloomington, Indiana, 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 supervision of the Regional Director for the Ninth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article -III, Sections 10 and 11, of said
Rules and Regulations , among the employees in the units found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, includ-
ing employees who did not work during the said pay-roll period be-
cause they-were ill or on-vacation or temporarily laid off-"and includ-
ing 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 rein-
stated prior to the date of the election; (1) to determine whether the
employees in the plant-wide unit desire to be represented by United
Electrical, Radio,& Machine Workers of America, C. I. 0., or by In-
ternational Brotherhood of `Electrical Workers, A. F. of L., for the
purposes of collective bargaining, or by neither; and (2) to determine
whether or not the employees in the plant-protection unit desire, to
be represented by International Brotherhood of Electrical Workers,
A. F. of L., for-the purpose of collective bargaining.
ORDER
Upon the basis of the foregoing findings of facts, and upon the
entire record in the case, the National Labor Relations Board hereby
orders that the petition for investigation and certification of repre-
sentatives of employees- of RCA Victor Division of Radio Corpora-
tion of America at its Bloomington, Indiana, plant, filed by United
Electrical, Radio & Machine Workers of America, C. I. O., be, and
it hereby is, dismissed.