Radio Corp. of America

National Labor Relations Board - Board Decisions

Jul 2, 1947

74 N.L.R.B. 430 (N.L.R.B. 1947)

In the Matter of RADIO CORPORATION OF AMERICA, RCA VICTOR
DIVISION, EMPLOYER and UNITED ELECTRICAL, RADIO AND MACHINE
WORKERS OF AMERICA, CIO, PETITIONER
Case No. 5-R-2922.-Decided July 0,19./7
Mr. J. M. Clifford, of Camden, N. J., for the Employer.
Mr. Daniel Scribner, by Mr. Seymour Lin field, of New York City,
for the Petitioner.
Mr. Joseph A. Padway, by Mr. Robert Wilson, of Washington, D. C.,
for the AFL.
Mr. T. H. Price, of Radford, Va., for the UCW.
Mr. George M. Yaghjian, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed,' hearing in this case was held at Pulaski,
Virginia, on April 11, 1947, before Earle K. Shawe, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Radio Corporation of America is a Delaware corporation with its
principal offices and main plant at Camden, New Jersey. At its veneer
plant at Pulaski, Virginia,2 the only plant herein involved, the Em-
ployer manufactures radio cabinets. During 1946, the Employer pur-
chased for processing at the plant raw materials valued at approxi-
mately $2,000,000, of which more than 50 percent was shipped from
1 The petition and other formal papers were amended at the hearing to show the correct
name of the Employer.
2 The Employer acquired the outstanding capital stock of Pulaski Veneer Corporation in
February 1946 , and from that date until January 1, 1947, the latter was a wholly-owned
subsidiary of the Employer . As of January 1 , 1947, this subsidiary was dissolved, all of
its assets and liabilities being acquired by the Employer's RCA Victor Division.
74 N. L. It. B., No. 77.
430
RADIO CORPORATION OF AMERICA 431
points outside the Commonwealth of Virginia. During the same
period, the Employer manufactured at its Pulaski plant finished
products valued at approximately $4,000,000, of which more than 50
percent was shipped outside the Commonwealth.
The Employer admits and Ave find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. TILE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations , claiming to represent employees of the
Employer.
United Brotherhood of Carpenters and Joiners of America, Local
Union No. 2990 , an Intervenor , herein called the AFL , is a labor or-
ganization affiliated with the American Federation of Labor, claiming
to represent employees of the Employer.
United Construction Workers, an Intervenor , herein called the
UCW, is a labor organization affiliated with the United Mine Workers
of America , claiming to represent employees of the Employer.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TE1E APPROPRIATE UNIT
The Petitioner seeks a unit consisting of all production and main-
tenance employees at the Employer's Pulaski plant, including firemen
and truck drivers, but excluding office, clerical, and supervisory em-
ployees. The parties agree generally as to the unit. They disagree
with respect to the unit placement of two fringe groups, viz, watch-
men and working group leaders. The Employer and the Petitioner
would exclude, while the Intervenors would include, both groups.
At its plant, the Employer employs 15 3 watchmen to guard the
plant and its security and to check on the behavior of other employees.
Although not uniformed, they wear badges and are armed and depu-
tized, having the power to arrest on plant property. Their duties
appear to be monitorial. Pursuant to the Board's customary policy,
we shall exclude them.
8 This total represents an increase from a normal complement of only three and is
attributable to recent labor difficulties experienced at the plant.
755420-48-vol 74=29
432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Among its 916 hourly paid employees at the plant, the Employer
lists 15 men classified as working group leaders, a classification which
the Employer regards as its lowest- level of supervisory personnel.
While they spend 60 to 70 percent of their time as production workers,
the rest of their time is spent in supervision. Their function is to con-
trol and supervise a small group of men within a larger unit, such as
a department. Each leader has from 6 to 40 men under him. The
leaders are hourly paid, receiving 10 cents more per hour than the
highest hourly rate paid to the men under them. The leaders report
to foremen or assistant foremen to whom, also, they may effectively,
recommend the hire, discharge or change of status of employees.
Although an independent investigation may be conducted by the fore-
man on a working group leader's recommendation for discharge of an
employee, the record does not show that such investigation supersedes
or detracts from the efficacy of the recommendation as a factor in
determining the Employer's final decision on the matter. There is no
prior history of collective bargaining at the Employer's plant .4 Un-
der the circumstances, we are of the opinion that the working group
leaders fall within our customary definition of supervisory employees
and, accordingly, we shall exclude them.,'
We find that all production and maintenance employees at the Em-
ployer's Pulaski plant, including firemen and truck drivers, but ex-
cluding office and clerical employees, watchmen, working group leaders,
and all other supervisory employees with authority to hire, promote,,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
v. T11E DETERMINATION OF 1iElREBENTATIVEs
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot, subject to the
limitations and additions set forth in the Direction.
On April 9, 1947, the Petitioner filed charges in Case No. 5-C-2322,
.alleging violations of Section 8 (1) and (3) of the Act. At the hearing
the AFL contended that no election should be held until a determina-
° Upon a petition for certification filed by the AFL, an Intervenor herein, a consent elec-
tion was held at the plant on August 16, 1946 The vote was 233 for, and 268 against, the
union , no other union being involved Group leaders weie not expressly named in the
description of the agreed unit, and their unit placement was not then raised in issue
8 The record shows that the Employer endeavors to maintain company-wide uniformity in
its various job classifications, including working group leaders We excluded the working
group leaders fiom the collective bargaining units established at various other plants of
the Employer in the following cases • Matter of Radio Corporation of America, RCA
Victor Division, 66 N L R B. 162, 63 N. L. R B 235, 58 N. L R B 271.
RADIO CORPORATION OF AMERICA 433,
tion had been made respecting the charges. The Petitioner, however,,
urged an immediate election, having filed a waiver of the charges for
this purpose. On May 26, 1947, subsequent to the hearing, the AFL.
,filed charges in Case No. 5-C-2345, also alleging violations of Section
8 (1) and (3) of the Act. Subsequently, on June 11, 1947, the Peti-
tioner withdrew its charges in Case No. 5-C-2322 and, on the same-
day, the Regional Director dismissed the charge in Case No. 5-C-2345.
Since at this time there are no charges pending against the Employer,
there is no reason to withhold an immediate election.
The Petitioner contends that the Intervenors should not participate
in the election, alleging that neither of them has a present sufficient
showing of interest among the employees concerned to justify a place
on the ballot. We find no merit in this contention .6
DIRECTION OF ELECTION 7
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Radio Corporation of America,
RCA Victor Division, Pulaski, Virginia, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
clays from the date of this Direction, ender the direction and super-
vision of the Regional Director for the Fifth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Section 203.55 and 203.56, of National Labor Relations Board
Rules and Regulations-Series 4, among, the employees in the unit
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 said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
cluding 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 or
not they desire to be represented by United Electrical, Radio and
Machine Workers of America, CIO, or by United Brotherhood of
Carpenters and Joiners of America, Local Union No. 2990, AFL, or by
United Construction Workers, UMW A, for the purposes of collective
bargaining, or by none.
O Both Intervenors have submitted present showings of interest to the Board 's agent,
adequate to entitle them to places on the ballot in the election hereinafter directed.
Matter of Cushman Motor Works, 66 N. L It. B . 1413; Matter of Edison General Electric
Appliance Co., Inc., 63 N . L. It. B. 968 , Matter of 0. D. Jennings & Company, 6S
N. L. R. B. 516.
7 Any participant in the election herein may upon its prompt request to, and approval
thereof by , the Regional Director , have its name removed from the ballot.