Remington Rand, Inc.

National Labor Relations Board - Board Decisions

Jun 24, 1943

50 N.L.R.B. 819 (N.L.R.B. 1943)

In the Matter of REMINGTON RAND, INC., PROPELLER DIVISION and,
UNITED STEELWORKERS OF AMERICA , C. I. O.
Case No. R-5404.-Decided June 24, 1943
Mr. Thomas J. Summers, of Marietta , Ohio, for the Company.
Mr. Philip M. Curran, of Pittsburgh, Pa., for the Union.
Mr. Joseph E. Gubbine, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United =Steelworkers of America,' af-
filiated with the C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Remington Rand, Inc., Propeller Division,
Marietta, Ohio, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Thomas E. Shroyer, Trial Examiner. Said hearing was held
at Marietta, Ohio, on May 21, 1943. The Company and the Union
appeared, participated, and 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.
Upon the entire record in the case, the Board makes the fllowing :
FINDINGS OF FACT
I. THE BUSINESS OF TILE COMPANY
Remington Rand, Inc., is a Delaware corporation, having plants in
various cities in the United States; the plant located at Marietta,
Ohio, where it fabricates propeller assemblies, feathering equipment
and spare parts for propeller assemblies, is the only plant involved
herein. The Marietta plant is owned by the Company but is pres-
ently leased to the United States Government. The principal raw
materials used in the plant are castings, forgings and tubings, sub-
50 N. L. R. B., No. 116.
819-
820 DECISIONS OF NAIrIONAL LABOR, RELATIONS BOARD
stantially all of which are shipped to it from points outside the State
of Ohio. All of 'the finished products of the plant in question are
shipped to other Remington Rand plants located outside the State
of Ohio. The Company questions the jurisdiction of the Board on
the ground that the title to the raw materials used is in the Govern-
ment and remains therein after. the completion of processing. We
find, contrary to the contention of the Company, that it is engaged
in commerce within the -meaning of the National Labor Relations
Act.
H. THE ORGANIZATION INTOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company. -
III. THE 'QUESTION CONCERNING REPRESENTATION
In March 1943, the' Union requested recognition as the exclusive
representative of the employees of the Company, which request, was
refused on the ground that the majority of the estimated total
-employees of the unit had not been hired.'
A statement of a Field Examiner of the Board, introduced ' in 'evi-
dence at the hearing, and authorization cards submitted by the Union
to the Trial Examiner at the hearing, indicate that the Union repre-
sents a substantial 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
We find, in accordance with the agreement of the parties, that all
production and maintenance employees of the Company's Marietta
plant, but excluding foremen, assistant foremen, supervisors in charge
of.any class of labor, and plant protection, office clerical, and salaried
employees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
1 The Field Examiner reported that the Union submitted 201 membership cards, 192
bearing apparently genuine signatures and.9 bearing printed signatures , and 180 of
which bear the names of persons whose names appear on the Company's pay loll of a iecent
date. The cards were dated asp follows • 128 in February 1943 ; 25 in March 1943; 17 in
April 1943 ; and 10 undated At the hearing the Union submitted 118 cards to the Trial
Examnrer which were not,checl:ed against the Company's pay roll There were approxi-
mately 324 employees in the unit at the date of the hearing.
REMINGITON RAND, INC.,
_V. THE DETERMINATION Or REPRESENTATIVES
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I
It was disclosed at the hearing that, the Marietta plant is 'in the
process of expanding. The Company began operations in December
1942 but actual production did not begin until on or about May,14,
1943. At the date of hearing, approximately 38 percent of the esti-
mated total of maintenance and production employees had been hired.
As nearly as can be approximated, the plant expansion program calls
for a total of approximately 865 employees, to be hired on or before
May 1944, 50 percent of whom are to be hired on or before July 15,
1943.
The Company contends that the petition herein should be dismissed
and no election directed on the ground that a certification at the
present time-when the plant is operating with less than 50 percent
of its anticipated full staff-would be premature in that the large num-
ber of workers who are expected to be employed within the next year
will have no voice in the choice of their representative. However,
since approximately 50 percent of the expected total complement will
be employed by July 15, 1943, and the full staff will not be employed
for nearly a year, we are of the opinion that the purposes of the Act
would not be effectuated by dismissing the petition. We shall direct
that the question concerning representation which has arisen be re-
solved by an election by secret ballot among the employees in the
appropriate unit. We shall, however, depart from our customary prac-
tice in selecting a date for the purpose of eligibility, and shall direct
,that the employees of the Company eligible to vote in the election
shall be those who were employed during the pay-roll period im-
mediately preceding July 15, 1943, subject to the limitations and addi-
tions set forth in the Direction.
'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 2, as amended, it is
hereby I
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Remington Rand,
Inc., Propeller Division, Marietta, Ohio, an election by secret ballot,
shall be conducted as early as possible after July 15, 1943, but not later
than thirty (30) days from the date of this Direction, under the direc-
tion and supervision of the Regional Director for the Ninth Region,
acting in this matter as agent for the National Labor Relations Board;
.and subject to Article III, Section 10, of said Rules and Regulations,
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822 DECISIONS OF NATIONAL tABOR1 RELATIONS BOARD
among the employees in the unit found appropriate'in Section IV,-,\,
above, who were ' employed during the pay-roll period immediately ^,.
.preceding July •15, 1943, including employees who did not work dur-
ing 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, to deter
mine whether or not they desire to be ' represented by United Steel-
workers of America, affiliated with the C . I. 0., for the purposes of
collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
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