Radio Receptor Co., Inc.

National Labor Relations Board - Board Decisions

Oct 15, 1945

64 N.L.R.B. 237 (N.L.R.B. 1945)

In the Matter of,RADIO RECEPTOR COMPANY, INC. and UNITED''ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA; CIO
Case No. 2-R-56'3.Decided October 15, 1945
Mr. I. B. Seidler, of New York City, for the Company.
Messrs. Frank Scheirer and Morton Friedman, of New York City,
for the Union.
Mr. John E. Lawyer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United - Electrical , Radio & Machine
Workers of America, CIO , herein called the Union , alleging that a
question affecting commerce had arisen concerning the representation
of employees of Radio Receptor Company, Inc., New York City, herein
called the Company , the National ' Labor Relations Board provided
for an appropriate hearing upon due notice before Daniel, Baker,
Trial Examiner . The hearing was held at New York City, on July
6, 1945. The Company and the Union appeared at and participated
in the hearing, and all parties were afforded full opportunity to be
heard, to examine and cross -examine witnesses , and to introduce evi-
dence 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Radio Receptor Company, Inc., a NTew York corporation having
its principal office and place of business in New York City, is engaged
in the manufacture, sale, and distribution df radio transmitters and
allied products. The Company maintains and operates four plants
in New York City, all of which are involved in the instant proceeding.'
The Company' annually purchases raw material valued at approxi-
64 N. L . R. B., No. 40.
237
238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mately $4,000,000, approximately 50 percent of which is shipped to
its New York City plants from points outside the State of New York.
Annual sales of the Company's finished products amount in value to
approximately $8,000,000, all of which is shipped to points outside
the State. -
The Company concedes that it is engaged in commence within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATION INVOLVED
.,United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collec-
tive bargaining representative of the employees involved herein until
such time as the Union is certified by the Board. -
A statement of a Field Examiner of the Board,'introduced into-
evidence at the hearing, indicates that the' Union represents a sub-
stantial' number of employees in the unit hereinafter found to be
appropriate?
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
With the exception of watchmen 2 and assistant foremen, whom
the Company desires to include in the unit and the Union desires to
exclude, the parties are'agreed that the appropriate unit should con-
sist of all production and maintenance employees, including employees
of the shipping department and stock clerks, and the timekeepers at
the 25th Street and Varick Street plants, but excluding clerical em-
ployees, the timekeeper at the 19th Street plant; engineers , laboratory
assistants (or technicians), testers and inspectors, draftsmen, and
supervisory employees., The unit claimed by the Union is substan-
tially similhr to the one found by the Board in a prior proceeding.
involving this Company.3 . , ,
The Field Examiner reported that the Union pie,ented 245 authorization cards There
are approxnnately 400 employees in the unit alleged to be appropriate
Also referred to in the record as guards
Matter of Radio Receptor Company , Inc, 45 N D R' B 402 Sn .the election ordered -
by' the, Board in this case , two unions , 'together with the customary choice of, neither,
appeared onIthe ballet . The majority - of votes cast was for neither ' ' '
RADIO RECEPTOR. COMPANY, INC. 239-
Assistant Foremen: 'The Company employs mil' individuals listed
ii this category. Each supervises the work of a number of employees
which varies from 5 to 25. They work under the direct supervision
of 'foremen and in-some instances under supervisors whd are on a
higher supervisory level, than foremen. The assistant foremen dis-
tribute the work to the men and are responsible 'for the proper per-
forifiance of'the work done under their sup'ervisioii. They check on
the work of those whom they supervise and, criticize the manner of
its performance. After consultation with their foremen they shift
men from job'to job on the basis of competence'to perform the work.
'The Company has'a merit rating system whereby each employee is
rated on seven elements with respect to work performance, covering
quality- and quantity of the work and'his all-around performance.
This rating is given great weight in determining whether an employee
is to be retained or laid off when cutbacks become necessary: While
the rating is made by the foreman of each department it is based upon
the information supplied by the assistant foremen. In' most -cases
assistant foremen make recommendations to the foremen with respect
to wage increases. ' - -
The assistant' foremen punch the thine clocks, and Have the same
hours and vacation schedule as the production and maintenance work-
ers. However, the assistant foremen generally are in 'a higher pay
bracket than those whom they supervise. Most of the assistant fore-
men.do some production work but devote• a majority of,their time to
supervision.. Generally, supervision of the work of the production
and maintenance workers is done directly and immediately by the
assistant foreman under the general supervision of the foreman, and
the majority of the foremen rely upon the assistant foremen for their
knowledge of, the performance-of,workers.
Under these circumstances, we are of the opinion that assistant
foremen are clothed' with.suficient indicia of supervisory authority
to warrant their, exclusion. `_ .1
Watchmen: •The Company employs-13 unifornled,andlarmed indi-
viduals in this category. Their gerieiul duties are toxprotect property
from fire, theft, and illegal entry, and to check fire pails and fire extin-
guishers. They inspect the passes of individuals 'who carry packages
of unusual size out of the buildings, and sometimes help the timekeep-
ers write up time cards. Oil the night shifts they snake the usual
rounds of watchmen and punch, the usual clocks: They -work under
the,general.supervision of an assistant foreman, who'is also a^member
of the v., atclimen force, and who reports directly to the personnel,
departulent•aiid works under the,sup'visioin of that office.
4 This classification was not considered in the Board's precious decision.
11
240 DECISIONS OF NATIONAL ' LABOR RELATIONS BOARD
The Company's watchmen were formerly militarized but have been
demilitarized for approximately a year.5 . 'They are paid on an hourly
basis and are on the'salne pay roll as the production and maintenance
employees. Furthermore, they have the same basis of overtime, about
the, same rate of pay, the same vacation schedule, and the same sick
leave benefits as production and maintenance workers.
It is clear that the watchmen do not report. infractions of rules by
the employees and are not monitorial in their relation to the other
employees. They will be included in the units
We find that all production and maintenance employees of the,
Company's New York City plants, including the employees of the
shipping department, stock clerks, watchmen, and the timekeepers
employed at the 25th Street.and Varick Street plants, excluding cler-
ical employees, the timekeeper at the 19th Street plant, engineers,
laboratory assistants or technicians, testers and inspectors, drafts-
men, and all assistant foremen, foremen, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or,
otherwise effect changes in the status of employees, or effectively rec-.
ommend such action, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b), of the
Act.
V. Tl-IF DETERMINA TION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the employ-'
ees 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 Direc-
tion.
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 Rela- -
tions 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 Receptor
Company, Inc., New York City, 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
51n the former proceeding before the Board , watchmen « ere excluded from ,the unit
because of their militarized status '
e nRee Matter of Pittsburgh Equitable Meter Company, 61 N. L. R. B. 880-1- -Matter of
Magnolia Pipe Line Company, 61 N L R. B 723.
RADIO RECEPTOR COMPANY, INC. 241
Regional Director for the Second 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 unit found appropriate in Section IV, above,l who
were employed during the ,pay-roll period, iminediately'preceding the
date of this Direction, including employees who did not work during
the said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed•_forces of,the
United States who present: themselves, in person at the polls, but;ex-
,cluding any who have since quit or been discharged for cause, and haye
not been rehired or reinstated prior to the date of the election,'to deter-
mine whetheror not they desire to be,represented by United Electrical,
Radio & Machine Workers of America, CIO, for,the purposes of collec-
tive bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
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670417-46--vol. 64-17