Remington-Rand, Inc.

National Labor Relations Board - Board Decisions

Apr 30, 1942

40 N.L.R.B. 1100 (N.L.R.B. 1942)

In the Matter of REMINGTON -RAND, INC. and INTERNATIONAL ASSOCIA-
TION OF MACHINISTS , LOCAL 826
Case No. R-3703.-Decided April 30, 1942
Jurisdiction : typewriter manufacturing industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition. petitioner having made a preliminary
showing that it represented 32 percent of Company's employees held to repre-
sent a substantial number of employees; election necessary. _
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at the Company'siEhnira plant, including janitors and stock-room
helpers, stock chasers, steel workers, weight clerks, lay-out men, and posting
and dating-out clerks, all in Department 70, but excluding watchmen, time-
study men, and office, clerical, and supervisory employees.
Mr. William H. Mandeville, of Elmira, N. Y., for the Company.
Mr`: Paid'R. Hutchings, of Washington, D. C., and Mr. Claude W.
Fairfield, of Elmira, N. Y., for the I. A. M.
Mr. Louis Sarti, of Elmira, N. Y., and Mr. Willard Bliss, of Buffalo,
N. Y., for the U. E. R. M.
Mr. Louis Cokin, of counsel to'the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 2, 1942, International Association of Machinists, Local
826, herein called the I. A. M., filed with the Regional Director for
the Third Region (Buffalo, New York) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of Remington-Rand, Inc., Elmira, New York, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On March 25, 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 Di-
40 N. L. R. B., No. 184.
1100
REMINGTON-RAND, INC. 1101
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On March 27, 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the I. A. M.,
and upon United Electrical, Radio & Machine Workers of America,
herein called the U. E. R. M., a labor organization claiming to repre-
sent employees directly affected by the investigation. Pursuant to
notice, a hearing was held on March 31, 1942, at Elmira, New York,
before Peter J. Crotty, the Trial Examiner duly designated by the
Chief Trial Examiner. The Company, the I. A. M., and the U. E. R. M.
were represented and participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses; and to introduce
evidence bearing on the issues was afforded all parties. At the close
of the hearing counsel for the Company moved to dismiss the petition
because of lack of representation showing. The Trial Examiner re-
served ruling thereon. The motion is hereby denied for the reasons
stated in Section- III, infra. During the course of the hearing the
Trial Examiner made several rulings on motions and on objections
to the admission of evidence. The Board has reviewed the rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Remington-Rand, Inc., is a Delaware corporation operating a plant
at Elmira, New York, where it is engaged in the manufacture, pur-
chase, sale, and distribution of typewriters, adding and computing
machines, and other business and office equipment. During 1940, the
Company purchased raw materials valued at about $10,000,000, ap-
proximately 75 percent of which was shipped in interstate commerce
from States of origin into other States in which are located plants of
the Company. During the same, period, the Company sold finished
products valued at about $50,000,000, a substantial portion of which
was 'shipped in interstate commerce from States in which are located
plants of the Company into other States.
H. THE ORGANIZATIONS INVOLVED
Intel°national'Assoch tion of Machinists, Local 826, is a labor or-
ganization affiliated with,the American Federation of Labor, admit-
ting to membership employees at the Elmira plant of the Company_
United Electrical, Radio & Machine Workers of America is a labor
1102 DECISIONS OF. NATIONAL LABOR' RELATIONS BOARD
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees at the Elmira plant of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
In December 1941, the I. A. M. requested the Company to bargain
with it. The Company denied this request. The U. E. R. M. and the
Company urge that the petition herein be dismissed on the ground that
the I. A. M. has failed to show that it represents a substantial number
of employees of the Company. A statement of the Regional Director,
introduced into evidence at the hearing, shows that the I. A. M. pre-
sented 1,527 membership application cards bearing apparently genuine
signatures. He further reported that the I. A. M. certified that all
the employees signing such cards are currently employed by the Com-
pany. There are approximately 4,700 employees at the Elmira plant
of the Company. Thus, the I. A. M. has made a preliminary showing
that it represents approximately 32 percent of the Company's em-
ployees. We find that the I. A. M. represents a substantial number
of employees, at the Elmira plant of the Company..
We find that a question has arisen concerning the representation of
employees of the,Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
'arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The I. A. M. urges that all production and maintenance employees
at the Elmira plant of the Company, including janitors and stock-
room helpers, stock chasers, steel workers, weight clerks, lay-out men,
and posting and dating-out clerks, all in Department 70,'but excluding
watchmen, time-study men, and office, clerical, and supervisory em-
ployees, constitute an appropriate unit. The only controversy with
respect to the unit concerns, watchmen. Thd I. A. M. urges,that such
1 The Regional Director further reported that the U E R M presented 115 application
cards bearing apparently genuine signatures' The U E R M certified that all the persons
signing such cards are presently employed by the Company.
t " REMINGTON-RAND, INC. 1.103
employees be excluded from the unit and the U. E. R. M: that•they be
included. The, Company took no position.
No facts appear in the record with respect- to the -duties, working
conditions, or method of payment of the watchmen. Inasmuch as the
record is devoid of any evidence with respect to such employees, and
the only organization involved herein showing a substantial represen-
tation desires their 'exclusion, we shall exclude 'the watchmen from the
unit. -
We find that all production and maintenance employees at the
Elmira plant of the Company, including janitors and stock-room
helpers, stock chasers, steel workers, weight clerks, lay-out men, and
posting and dating-out clerks, all in Department 70, but excluding
watchmen, time-study men, and office, clerical, and supervisory em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining and that such unit will insure to employees of the Company
i he full benefit of their right to self-organization and to collective
bargaining and otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
We shall direct that the employees of the Company eligible to vote in
the election shall be those within the appropriate unit who were em-
ployed during the pay-roll period immediately preceding the date of
the Direction-of Election herein, subject to the limitations and addi-
tions set forth in the Direction.
The I. A. M. contends that the U. E. R. M. should not be accorded
a place on the ballot because of its small showing of representation
among the employees of the Company. However, inasmuch as an
election is to be conducted, and inasmuch as the U. E. R. M. Ras made
some showing of membership, we shall accord it a place on the ballot."
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAw
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Remington -Rand, Inc., Elmira , New York,
within the meaning of Section 9 ( c) and Section 2 (6) and ( 7) of the
Act.
2. All production and maintenance employees at the Elmira plant
of the Company , including janitors and stock -room helpers, stock
Y See Matter of Harvill Aircraft Die Casting Corporation and International Union of
United Automobile Woikers of America, Local 863, CIO, 28 N. L R. B. 417.
I
1104 DECISIONS OF NATIONAL LABOR 1 RELATIONS BOARD
chasers, steel workers, weight clerks , lay-out men , and posting and
dating-out clerks , all in -Department 70, but excluding watchmen,
time-study men, and office , clerical , and supervisory employees, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 ( b) of the Act.
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 Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended , it is hereby
DIRECTED that, as part of the investigation ordered by the,Board
to ascertain representatives for the purposes of collective bargaining
with Remington -Rand, ' Inc., Elmira , New York, 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 Third Region, acting in
this matter as agent for the National Labor Relations Board and
subject to Article III, Section 9, of said Rules and Regulations, among
all production and maintenance employees at the Elmira plant of
.the, Company who were employed during the pay-roll period im-
mediately preceding the date of this Direction , including janitors and
stockroom helpers, stock chasers , steel workers , weight clerks , lay-out
men, posting and dating -out clerks , all in Department 70, and em-
ployees who did not work during such pay-roll period because they
were ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, but excluding time-study
men, watchmen , office, clerical , and supervisory employees, and em-
ployees who have since quit or been discharged for cause , to determine
whether they desire to be represented by International Association of
Machinists , Local 826, affiliated with the American Federation of
Labor, or by United Electrical , Radio & Machine Workers of America,
affiliated with the Cpngress of Industrial Organizations , for the pur-
poses of collective bargaining , or by neither.
1
In the Matter of REMINGTON-RAND, INC. and INTERNATIONAL Asso-
CIATION OF MACHINISTS , LOCAL 826
Case No. R-3703
AMENDMENT TO DIRECTION OF ELECTION
Maij9,19/2
On April 30, 1942, the National Labor Relations Board issued a
'Decision and Direction of Election in the above-entitled proceeding?
.The Board, having, been advised that United Electrical, Radio
Machine Workers of America does not desire its name to appear on
the ballot, hereby amends its Direction of Election by striking there-
from the words "to determine whether they desire to be represented
by Local. 826,>Internatioi al Association 'of Machinists, affiliated with
the American Federation of Labor, or by United Electrical, Radio
Machine Workers of America, affiliated with the Congress of
Industrial Organizations, for the.purposes . of collective bargaining,
or by neither," and substituting therefor the words "to determine
whether or not they desire to be represented by Local 826, Interna-
tional Association of Machinists, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining."
140 N L R B 1100
40 N L. R B, No. 184a
1105
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