Radio Corp. of America

National Labor Relations Board - Board Decisions

Feb 28, 1946

66 N.L.R.B. 162 (N.L.R.B. 1946)

In the Matter of RADIO CORPORATION OF AMERICA, RCA VICTOR DIVI-
SION and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF
AMERICA, CIO
Case No. 4-R-1869.-Decided February 28, 1946
Mr. J. M. Clifford, of Camden, N. J., for the Company.
Mr. Saul Waldbaum, of Philadelphia, Pa., for the U. E.
Mr. Lloyd Ritter, of Philadelphia, Pa., for the I. B. E. W.
Mr. Stanley M. Lentz, of Philadelphia, Pa., for the I. A. M.
Mr. Philip Licari, 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, CIO, herein called the U. E., alleging that
a question affecting commerce had, arisen concerning the representa-
tion of employees of Radio Corporation of America, RCA Victor
Division, Lancaster, Pennsylvania, herein called the Company, the
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before John H. Garver, Trial Examiner. The
hearing was held at Lancaster, Pennsylvania, on November 9, 1944.
The Company, the U. E., International Brotherhood of Electrical
Workers, AFL, herein called the I. B. E. W., and International
Association of Machinists, herein called the I. A. M., 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 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 TILE COMPANY
Radio Corporation of America, a Delaware corporation, is en-
gaged at its various plants in the manufacture, sale, and distribution
66 N. L . R. B., No. 12.
162
RADIO CORPORATION OF AMERICA 163
of radios and electronic equipment. Its RCA Victor Division plant,
located at Lancaster, Pennsylvania, is the only plant involved in this
proceeding. Annually, the Company purchases for its Lancaster
plant raw materials valued in excess of $600,000, of which approxi-
mately 95 percent is shipped from points outside the Commonwealth
of Pennsylvania. During the same period, the Company at its Lan-
caster plant manufactures radio and electronic equipment valued
in excess of $2,000,000, of which about 95 percent is shipped to
points outside the Commonwealth of Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE 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.
International Association of Machinists is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 1, 1943, the Company and the I. B. E. W. entered
into a collective bargaining agreement embracing all the production
and maintenance employees, which agreement was subsequently
modified on September 1, 1944, to include the following renewal
clause :
. . . this Agreement shall continue in full force and effect
until the 1st day of^ September 1945, and thereafter from year
to year unless notice in writing shall be given by either party
to the other of its termination . . . sixty (60) days prior
to the end of the current term. . . .
On June 28, 1945, more than 60 days prior to the operative date
of the contract's renewal clause, the U. E. apprised the Company of
its claim to representation among the production and maintenance
employees, and requested the Company not to renew its contract with
the I. B. E. W. until after a new determination of bargaining repre-
sentatives. Despite this notice, the Company and the I. B. E. W.
entered into a new collective agreement on September 1, 1945. It is
urged by the I. B. E. W. that its contract with the Company is a
bar to the present proceeding. However, inasmuch as the agreement
164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of September 1, 1945, was executed after the U. E.'s notice to repre-
sentation, it cannot preclude determination of representatives.'
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the U. E. represents a sub-
stantial number of employees of the Company 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
The Company, the U. E., and the I. B. E. W. agree that all hourly
paid production and maintenance employees at the Lancaster, Penn-
sylvania, plant, including watchmen, employees in departments
numbered 90 to 102, inclusive, machinists, tool and die makers, but
excluding technical, professional, administrative, clerical and office
employees, executives, group leaders who spend 20 percent or less
of their time performing work of those under them, and other super-
visory employees, constitute the appropriate unit. The TAM, on the
other hand, seeks a separate unit of all the Company's machinists
and tool and die makers. The If. E. and the I. B. E. W. oppose
the creation of such a unit on the ground that past collective bar-
gaining has been successfully conducted with the Company on the
basis of a single plant-wide unit.
Since 1943 the I. B. E. W. has bargained for all the Company's
production and maintenance employees at the Lancaster, Pennsyl-
vania, operation on a plant-wide basis, including those employees
sought to be represented by the IAM. During this period, the IAM
had not attempted to obtain recognition from the Company for these
employees in a separate unit. Moreover, there is no evidence to indi-
cate that the machinists and the tool and die makers had ever main-
tained their identity as a separate craft group or protested their
inclusion in a plant-wide unit during the period covered by the history
of collective bargaining. Under these circumstances, we are of the
opinion that the history of collective bargaining on a plant-wide
basis is controlling with respect to the type of unit appropriate in
3 See Matter of National Waste Company, 57 N. L. R. B. 709.
2 The Field Examiner reported that the U. E. submitted 606 application-for-membership
cards, and that there were approximately 902 employees in the unit alleged to be
appropriate.
The I. B. E. W. relies on its contract with the Company as evidence of its interest in
this proceeding.
The Field Examiner further reported that the JAM submitted 66 application-for-
membership cards , and that there were approximately 89 employees in the unit it alleged
to be appropriate.
4
RADIO CORPORATION OF AMERICA 165
the present instance.3 Accordingly, we find that the unit sought
by the IAM is inappropriate, and shall include the employees* therein
within the plant-wide unit hereinafter found appropriate.
We find that all hourly paid production and maintenance em-
ployees at the Company's Lancaster, Pennsylvania, plant, including
watchmen, employees in departments numbered 90 to 102 inclusive,
machinists, tool and die makers, but excluding technical, professional,
administrative, clerical and office employees, executives, group
leaders,4 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 the
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.5
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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Radio Corporation
' See Matter of Cities Service Refining Corporation, 58 N. L. R. B. 28; The American
Swiss Company, 59 N L. R. B. 790; Matter of International Minerals and Chemical
Corporation, 62 N. L. R. B. 655; Matter of Memphis Hardwood Flooring Company, 63
N. L. R. B. 1138.
4 Although the parties agree to exclude all group leaders who spend 20 percent or less
of their time performing the work of those under them, the record shows that all group
leaders, regardless of the time spent in production work, exercise supervisory authority
within the meaning of our definition thereof. Therefore , all group leaders shall be
excluded.
' The U. E. contends that , since the Company dismissed a large percentage of the
employees In the appropriate unit in August 1945, and the Company intends to reemploy
them in the near future , the dismissed employees should be permitted to vote Inasmuch
as the record shows that the Company has, since the latter part of 1945, reemployed most
of these employees In accordance with their seniority standing , and that others who have
not been reemployed have manifested their intention not to return to work , we find no
persuasive reason to deviate from our usual eligibility date.
166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of America, RCA Victor Division, Lancaster, Pennsylvania, 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 Re-
lations Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found ap-
propriate 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 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, CIO, or by International Brotherhood of
Electrical Workers, A. F. L., for the purposes of collective bargaining,
or by neither.