Remington Rand, Inc.

National Labor Relations Board - Board Decisions

Jul 2, 1943

51 N.L.R.B. 16 (N.L.R.B. 1943)

In the Matter of REMINGTON RAND, INC., C DIVISION and DISTRICT 501
UNITED MINE WORKERS OF AMERICA
Case No. R-5410. -Decided July 0, 1943
Bond, Schoeneck cf King, by Messrs. Lyle W. Hornbeck and Tracy
H. Ferguson, of Syracuse, N. Y., for the Company.
Messrs. Stanley Denlinger, of Akron, Ohio, Hugh Brown and An-
drew Hiznay, both of Syracuse, N. Y., for District 50.
Mr. Willard Bliss, of Syracuse, N. Y., for the U. E.
Mr. Stephen Estey, of Syracuse, N. Y., for the I. A. M.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, herein called District 50, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Remington Rand, Inc., C Division, -Syracuse, New York, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Peter J. Crotty, Trial
Examiner . Said hearing was held at Syracuse, New York, on May 19,
1943. The Company, District 50, United Electrical, Radio &,Ma-
chine Workers of America, C. I. 0., herein called the U. E., and Inter-
national Association of Machinists, A. F. of L.,' herein called the
I. A. M., appeared, participated, and were afforded full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues.2 The I. A. M. moved to dismiss the
petition herein on the ground that the Company has failed to comply
' The Board takes judicial notice of the fact that the I A. M has severed its affiliation
with the American Federation of Labor since the date of the hearing herein.
2 The Company made a motion to correct certain errors in the transcript which was
agreed to by all parties herein except the I . A. M.; however , the I . A. M. raised no objection
thereto. The motion is hereby granted and it is ordered that the corrections contained in
the motion be, and the same hereby are, made.
51 N. L R. B., No. 4.
16
RIWINGTON RAND, INC. 17
with a previous order of the Board in another proceeding .3 The
Trial Examiner referred this motion to the Board. For reasons ap-
pearing in Section V, infra, this motion is denied. The Trial Exam-
iner'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
Remington Rand, Inc., C Division, a Delaware corporation author-
ized to do business in the State of New York, is engaged at its plant
located at Syracuse, New York, herein called the Syracuse plant, in
the manufacture of war materials. Between April 1942 and April
1943, the Company used at its Syracuse plant raw materials valued
at approximately $3,000,000, of which 80 percent represents shipments
made to the Company from points outside the State of New York.
During the same period the Company produced at its Syracuse plant
,finished products valued at approximately $2,000,000, of which ap-
proximately 90 percent represents shipments made to points outside
the State of New York. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees of the Company.
International Association of Machinists is a labor organization
admitting to membership employees of the Company.
United Electrical, Radio R Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
'On or about April 2, 1943, District 50 requested recognition as the
exclusive bargaining representative of employees of the Company.
The Company refused on the ground that there were competing
unions involved, and that there had been prior proceedings before
the Board. It took the position that the question of the bargaining
representative of its employees would have to be determined by the
Board.
8 Matter o f Remington Rand, Inc , 2 N. L. R. B. 626.
18 DECISION'S OF ,NATIONAL LABOR RELATIONS BOARD
A statement of the Field Examiner, introduced into evidence at
the hearing, indicates that District 50 represents a substantial number
of employees in the unit hereinafter found appropriate.4
We find that a question affecting commerce has arisen concern-
ing 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
The labor organizations agreed, without objection by the Com-
pany, that all production and maintenance employees of the Com-
pany at its Syracuse plant, including tool crib attendants, inspectors,
stationary engineers, and employees of the packing and shipping
departments, should be included within the unit, and that timekeep-
ers, office and clerical, employees (including outside expediters),
plant guards, executives, foremen, supervisors, employees of the
drafting and engineering departments, and nurses should be
excluded.
In addition to the above, the U. E. desires to include employees
engaged as inside expediters, weigh clerks and despatcher clerks,
whereas District 50 would exclude them. The I. A. M. and the Com-
pany make no objection to the inclusion of these employees.
The inside expediters are employees who perform functions simi-
lar to those performed by stock chasers. They are in the production
control department and are assigned to various products of the
Company. Their functions consist of expediting all operations
which concern the progress of the products to which they are as-
signed. In the event of a break-clown due to lack of materials or
damage to a machine, the inside expediters take the necessary steps
to rectify the condition and permit operations to continue. We are
of the opinion that the duties of the inside expediters are closely inter-
related to those of the production and maintenance employees, and
shall include them within the unit hereinafter found appropriate.
The weigh clerks and despatcher clerks are intimately related to
the production process of the Company. The weigh clerks, who are
attached to the production control department, check the count of
4 The Field Examiner reported that District 50 submitted 1081 designation cards bearing
apparently genuine original signatures ; that 673 of these cards bore the names of persons
appearing upon the Company 's pay i oil of April 25, 1943 ; and that said pay roll con-
tanned 2151 employees in the appropriate unit
He further reported that the U E submitted 155 designation cards containing apparently
genuine original signatures , that 140 of these cards bore} the names of persons appearing
upon the above -mentioned pay roll. Said pay roll contains the names of 2540 in the unit
claimed appropriate by the U E
The I A. iii reli es upon the order of the Board in Matter of Remington Rand, Inc.,
2 N L. R B 626, as establishing its interest . It submitted no evidence of representation
to the Field Examiner. I '
RE'MINIGTON RAND' INC. 19
the pieces completed by operators, enter it upon their time sheets, and
clear the records at the production office of the department. The
despatcher clerks, although their work takes place primarily in the
production office, check upon the proper sequence of jobs and upon
the correctness of all records concerned therewith. They are also
responsible for the in and out movement of orders and materials.
The work of both classifications is closely aligned to that of the
production employees and is an integral part of the production
process. We are of the opinion that their work and interests are
closely identified with that of production employees, and shall, there-
fore, include them in the unit.'
In accordance with the above, we find all production and main-
tenance employees of the Company at its Syracuse plant, including
tool crib attendants, inspectors, stationary engineers, employees of
the packing and shipping departments, inside expediters, weigh
clerks and despatcher clerks, but excluding timekeepers, office and
clerical employees (including outside expediters), plant guards, em-
ployees of all drafting and engineering departments, and nurses,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The I. A. M. contended in its motion to dismiss, that no elec-
tion should be directed at this time inasmuch as there are now pend-
ing contempt proceedings against the Company for failure to com-
ply with an order of the Court modifying and enforcing the Board's
decision in the complaint charge hereinbefore referred to. However,
the Board has approved a stipulation in settlement of the contempt
proceeding, effective May 15, 1943, and an order has been entered
by the Court on May 20, 1943, pursuant to the settlement. We per-
ceive no reason for not conducting an immediate election; the
It. A. M.'s motion is therefore denied. We shall direct that the
question concerning representation which has arisen-be resolved by
an election by secret ballot among the employees 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 Direction. We shall ac-
cord the I. A. M. a place on the ballot, in view of its interest as
established in the prior proceedings.
Matter of Auburn Spark Plug Co., Inc, 50 N. L R. B. 511
540612-44-vol 51-3
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Remington Rand,
Inc., C Division, Syracuse, 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 super-
vision 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 10, of said Rules and Regulations, 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 tem-
porarily laid off, and including 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, to determine whether they desire to be represented by Dis-
trict 50, United Mine Workers of America, by International Asso-
ciation of Machinists, or by United Electrical, Radio & Machine
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, for the purposes of collective bargaining, or by none of
said organizations.