RCA Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Apr 17, 1942

40 N.L.R.B. 644 (N.L.R.B. 1942)

In the Matter of RCA MANUFACTURING COMPANY, INO. and GENERAL
WAREHOUSEMEN'S LOCAL 598, AFFILIATED WITH INTERNATIONAL BROTH-
ERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN & HELPERS,
A. F. L.
Case No. R-3709.-Decided April 17, 19412
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Maurice J. Nicoson, for the Board.
Mr. J. E. Francis, of Hollywood, Calif., for the Company.
Mr. Frank Merhab, of Los Angeles, Calif., for the A. F. L.
Mr. Leo Turner, for the C. I. O.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On February 4, 1942, General Warehousemen's Local 598, affiliated
with the International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen & Helpers, A. F. L., herein called the A. F. L., filed with
the Regional Director for the Twenty-first Region (Los Angeles,
California) a petition alleging that a question affecting commerce
had arisen concerning the representation of employees of RCA Manu-
facturing Company, Inc., Hollywood, California, herein called the
Company, engaged in the manufacture and sale of phonograph rec-
ords, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On March 6, 1942, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act, and Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
On March 5, 1942, the Company, the A. F. L., the United Electrical
Radio and Machine Workers of America, C. I. 0., herein called the
40 N. L. R. B., No. 116. .
644
RCA MANUFACTURING COMPANY, INC. Z 645
C. 1. 0., a labor organization claiming to represent employees directly
affected by the investigation, and an attorney for the Board entered
into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on March 11, 1942, under the direction and supervision of the
Regional Director among the following employees to determine
whether they desire to be represented by the A. F. L. or by the
C. I. 0., for the purposes of collective bargaining, or by neither : all'
hourly paid employees in the Company's plant at 1016 North Sycamore
Avenue, Hollywood, California, employed in the Record Manufac-
turingDepartment and the Maintenance and Power Department, ex-
cluding all foremen, assistant foremen, and supervisory employees, all
general office employees, all warehouse and shipping employees, all
employees of the Engineering Department, and all employees engaged
in the assembling, manufacture, maintenance, and operation of sound
equipment. On March 17, 1942, the Regional Director issued his
Report _on Consent Election. No objections to the conduct of the
ballot or to the report thereon were filed by any of the parties.
In his Report on Consent Election, the Regional Director reported
as follows concerning the balloting and its results :
Total on eligibility list--------- ------------------------------ 166
Total ballots east------------------------------------------- 137
Total ballots challenged------------------------------------- 0
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- 1
Total valid votes counted------------------------------------ 136
Votes cast for General Warehousemen 's Local 598, affiliated with
Int'l Bro. Teamsters , Chauffeurs , Warehousemen & Helpers,
A. F. L-------------------- ------------------------------ 40
Votes cast for United Electrical Radio and Machine Workers of
America, C . I. 0------------------------------------------ 54
Votes cast for neither--------------------------------------- 42
The Regional Director further reported that pursuant to Section IX
of the Agreement for Consent Election, he found and determined
that neither contesting union had been designated and selected by a
majority of the employees in the agreed unit as the exclusive bargain-
ing representative of the employees within the unit.
On March 20, 1942, pursuant to the said agreement for Consent
Election, a run-off election was conducted under the direction and
supervision of the Regional Director among the employees within the
agreed unit to determine whether the said employees desired to be
represented by the A. F. L. or the C. I. O. for purposes of collective
'bargaining. On March 26, 1942, the Regional Director issued and
thereafter duly served upon the parties his second Report on Consent
Election. No objections to the conduct of the ballot or to the report
thereon were filed by any of the parties.
646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In his second Report on Consent Election, the Regional Director
reported as follows concerning the balloting and its results :
Total on eligibility list -------------------------------------- 166
Total ballots cast------------------------------------------- 121
Total -ballots challenged------------------------------------- 0
Total blank ballots__ _______________________________________ 4
Total void ballots---------- --------------------------------- 2
Total valid votes counted____________________________________ 115
Votes cast for General Warehousemen 's Local 598 , affiliated with
Int'l Bro. Teamsters , Chauffeurs , Warehousemen & Helpers,
A. F. L--------------------------------------------------- 53
Votes east for United Electrical Radio and Machine Workers of
America, C . I. 0------------------------------------------ 62
Upon the basis of the stipulation , the second Report on Consent
Election , and the entire record in the case , the Board makes the fol-
lowing :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of RCA Manufacturing Company, Inc., Holly-
wood , California , within the meaning of Section 9 ( c) and Section
2 (6) and ( 7) of the National Labor Relations Act.
2. All hourly paid employees in the Company's plant at 1016 North
Sycamore Avenue, Hollywood , California, employed in the Record
Manufacturing Department and the Maintenance and Power Depart-
ment, excluding all foremen , assistant foremen, and supervisory em-
ployees, all general office employees , all warehouse and shipping
employees , all employees of the Engineering Department , and all
employees engaged in the assembling , manufacture , maintenance, and
operation of sound equipment , constitute a unit appropriate for the
purposes of collective bargaining , within the meaning of Section 9 (b)
of the National Labor Relations Act.
3. United Electrical Radio and Machine Workers of America,
C. I. 0., has been designated and selected by a majority of the
employees in the above unit as their representative for the purposes
of collective bargaining and is the exclusive representative of all the
employees in said unit , within the meaning of Section 9 (a) of the
National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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,
IT IS miner c inrnrm that United Electrical Radio and Machine
Workers of America, C. I. 0., has been designated and selected by a
RCA MANUFACTURING COMPANY, INC. 647
majority of all hourly paid employees of RCA Manufacturing Com-
pany, Inc., in its plant at 1016 North Sycamore Avenue, Hollywood,
California, employed in the Record Manufacturing Department and
the Maintenance and Power Department, excluding all foremen,
assistant foremen, and supervisory employees, all general office
employees, - all warehouse and- shipping employees, all employees of
the, Engineering Department, and all employees engaged in the assem-
bling, manufacture, maintenance, and operation of sound equipment',
as their representative for the purposes of collective bargaining, and
that, pursuant to the provisions of Section 9 (a) of the Act, United
Electrical Radio and Machine Workers of America, C. I. 0., is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.