Remington Rand, Inc.

National Labor Relations Board - Board Decisions

Jul 23, 1945

62 N.L.R.B. 1419 (N.L.R.B. 1945)

In the Matter of REMINGTON RAND, INC, PROPELLER DIVISION and
UNITED ASSOCIATION OF PLUMBERS AND STEAMFITTERS, LOCAL 112,
A. F. OF L.
In the Matter of REMINGTON RAND, INC., PROPELLER DIVISION and
LOCAL 3Z5, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
A. F. OF L.
Cases Nos. 3-R-958 and 3-4R-962, respectively.Decided July 23, 1945
Mr. Russell G. Rogers, of Johnson City, N. Y., for the Company.
Mr. Fred Grupp, of.Binghamton , N. Y., for the I. B. E. W.
Mr. Arthur M. Ernst, of Binghamton , N. Y., for the Plumbers.
Mr. Jack S. Zucker, of Johnson City, N. Y., for the U.E.
Mr. Stanley B. Korengold, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by United Association of Plumbers and Steam-
fitters, Local 112, A. F. of L ., herein called the Plumbers, and Local 325,
International Brotherhood of Electrical Workers, A. F of L., herein
called the I. B. E. W., each alleging that a question affecting commerce
had arisen concerning the representation of employees of Remington
Rand, Inc., Propeller Division, Johnson City, New York, herein called
the Company , the National Labor Relations Board consolidated the cases
and provided for an appropriate hearing upon due notice before Eugene
von Wellsheim , Trial Examiner . Said hearing was held at Binghamton,
New York, on May 3, 1945 . The Company , the Plumbers , the I. B. E. W.,
and Local 327, United Electrical , Radio and Machine Workers of America,
C. I. 0., herein called the U . E., appeared and participated . All parties
were afforded full opportunity to be heard , to examine and cross -examine
witnesses , and to introduce evidence bearing on the issues . The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and are
62 N. L. R. B., No 194
1419
1420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hereby affirmed. All parties were afforded an opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Remington Rand, Inc., Propeller Division, is a Delaware corporation
engaged in the manufacture of propellers at Johnson City, New York. From
January 1, 1943, to March 31, 1945, the Company used raw materials
valued in excess of $40,000,000, 60 percent of which represents shipments
to the Company from points outside the State of New York. During the
same period the Company's finished products amounted to over $90,000,-
000, 95,percent of which represents shipments made to points outside the
State of New York.
The Company admits for the purposes of this proceeding that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act.
II. THE ORGANIZATIONS INVOLVED
United Association of Plumbers and Steamfitters, Local 112, affiliated
with the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
Local 325, International Brotherhood of Electrical Workers, affiliated
with the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
Local 327, United Electrical, Radio and Machine Workers of America,
affiliated with the Congress of Industrial Organizations, is a labor organi-
zation admitting to membership employees of the Company.
III THE QUESTIONS CONCERNING REPRESENTATION
On March 13, 1944, pursuant to a consent election, the U. E. was certi-
fied as the bargaining representative of the Company's production and
maintenance employees, excluding carpenters. Shortly thereafter, the U. E.
and the Company, pending the negotiation of a master contract, entered into
several written agreements relating to grievances, seniority rights, and an
incentive plan.' Due to a controversy on certain issues, necessitating their
submission to the National War Labor Board on November 3, 1944, the
master contract was not consummated. On March 17, 1945, the Plumbers
filed a petition with the Board seeking certification in a unit of maintenance
pipefitters. Similarly on March 22, 1945, the I. B. E. W. filed a petition
1 The incentive plan pertained only to direct production workers, not to electricians or plumbers
However, the Company extended the incentive plan to the latter groups in a subsequent agreement
executed a few days prior to the hearing.
REMINGTON RAND, INC. 1421
with the Board seeking certification in a unit of electrical maintenance elec-
tricians. Thereafter, on April 28, 1945, the National War Labor Board
issued an interim order settling the disputed matters and directing the
execution of a contract. At the date of the hearing no contract had yet
been signed. The Company has refused to recognize either the Plumbers
or the I. B. E. W. as the bargaining representative for the employees in the
units respectively sought until such time as either of the petitioners obtains
certification by the Board.
The U. E., urging the application of the principle enunciated in the Allis
Chalmers case,' contends that the pendency of the proceedings before the
National War Labor Board constitutes a bar to a present determination
of bargaining representatives. It appears, however, that both the Plumbers
and the I. B. E. W. had sufficient membership among the Company's em-
ployees to entitle them to a consideration of their respective unit claims
at the time of the consent election. Nevertheless, neither organization
received notice of or participated in such election. In view of these facts,
we are of the opinion that the principle of refusing to redetermine bargain-
ing representatives because of pending proceedings before the National
War Labor Board does not apply to the instant case. -
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the I. B. E. W. and the Plumbers each represents a substan-
tial number of employees in the unit each alleges to be appropriate.'
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Plumbers seeks a unit of ]maintenance pipe fitter,,, excluding the
superintendent, foreman, and all other supervisory employees The I B
E. W. seeks a unit of electrical maintenance electricians, excluding all
supervisory employees. The Company takes no position in respect to either
of the units sought by the petitioners. The U. E., however, argues that the
proposed units are inappropriate in view of the consent election whereby a
unit of production and maintenance employees, including pipe fitters and
electricians , was established.
We do not, however, agree that because of the consent election the sep-
arate units sought by the Plumbers and the I. B. E. W. are inappropriate.
2 Matte; of Allis Chalmers Alanufaeturinq Coinpan',', 50 N L R B 306
8 Upon an examination of the Company ' s March 26, 1945, pay roll, the Field Examiner reported
that out of the 16 employees in the unit petitioned for, the I B E W submitted 14 application-for-
membership -cards They were dated as follows. 7 were undated , I in June 1943 , 1 in October 1943,
1 in December 1943; 1 in April 1944; 1 in August 1944; and 1 in September 1944
The Plumbers submitted 14 application -for-membership cards out of 14 employees in the unit
They were dated as follows . I in April 1926 , 1 in January 1939, 1 in October 1941 , and 11 in
Dlarch 1945 The U E relies upon its interim agreements with the Company as evidence of its
interest in this proceeding
1422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As previously indicated, neither the Plumbers nor the I. B. E. W. partlct-
pated in the consent election nor was either properly notified thereof,
notwithstanding the fact that that each was organized and had an interest
in the Company's employees at the time of the election.' As for the period
prior to the consent election, the record indicates that there had been no
bargaining history on a plant-wide basis including pipe fitters and electri-
cians. We are of the opinion, therefore, that the foregoing circumstances
do not preclude a finding that the units here sought are appropriate
The units proposed by the Plumbers and Electricians
As noted above, the Plumbers seeks a unit of maintenance pipe fitters,
excluding the superintendent, foreman, and all other supervisory em-
ployees. These employees are engaged in the installation and arrangement
of new equipment. They use separate tools and machinery, and work inde-
pendently of other maintenance men They are under the direction of a
foreman assigned soleh to the pipe fitters The I 13 F \WW seeks a unit
of electrical maintenance electricians, excluding all superalsorv e,nplo} des
Such employees are specialized technicians engaged in the maintenance and
repairing of existing equipment. They also construct, install, and remodel
new equipment. They have a separate' headquarters and work, like the
pipe fitters, under a separate foreman, mdependentl} of other maintenance
employees. In view of the fact that both the pipe fitters and maintenance
electricians are skilled and functionally coherent groups of employees,
frequently represented by craft organizations,' we are of the opinion that
the employees in each group may, if they so desire, form a separate bar-
gaining unit. It is also clear, however, that each might appropriately be
included in the broader production and maintenance unit advocated by
the U. E. Therefore, we shall make no present determination of the appro-
priateness of a unit of maintenance pipe fitters, or of a unit of electrical
maintenance electricians, but shall reserve such findings pending the results
of the elections hereinafter directed among such employees. Upon the
results of such elections shall depend, in part, our determination of the
appropriate unit or units If the maintenance pipe fitters select the Plumbers
as their bargaining representative, they shall constitute a separate appropri-
ate unit ; likewise, if the electricians select the I. B. E. W. as their bargain-
ing representative , they shall constitute a separate appropriate unit.
otherwise both the pipe fitters and the electricians shall remain part of the
production and maintenance unit presently represented by the U. E.
We shall direct that the questions concerning representation which have
arisen be resolved by separate elections by secret ballot among the employ-
4 See Matter of Kearney and Tnecker Corpo,ation, 62 N L R B 1174
GSee Matter of Remington Aims Company, Inc , 54 N L R R 338 , Matter of American
Cyanamid & Chemical Corporation , 62 N 1, R 11 92S
REMiNGTO N RAND, INC. 1423
ees in the following groups who were employed during the pay-roll period
immediately preceding the date of our Direction of Elections, subject to
the limitations and additions set forth therein.
1. All maintenance pipe fitters, excluding the superintendent, foreman,
and all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of employees,
or effectively recommend such action, to determine whether or not they
desire to be represented by United Association of Plumbers and Steam-
fitters, Local 112, A. F. of L.
2. All electrical maintenance electricians, excluding all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such
action, to determine whether or not they desire to be represented by Local
325, International Brotherhood of Electrical Workers, A. F of L.
Upon the results of the elections in the aforesaid groups will depend,
in part, our determination of the appropriate unit or units.
DIRECTION OF ELECTIONS
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 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 representatives
for the purposes of collective bargaining with Remington Rand, Inc., Pro-
peller Division, Johnson City, New York, elections by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days from
the date of this Direction of Elections, 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,
Sections 10 and 11, of said Rules and Regulations, among the following
employees who were employed by the Company during the pay-roll period
immediately preceding the date of this Direction of Elections, including
employees who did not work during said pay-roll period because they were
ill or on vacation or temporarily 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 and have not been rehired or reinstated prior to the
date of the election :
1. All maintenance pipe fitters, excluding the superintendent, foreman,
and all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of employees,
or effectively recommend such action, to determine whether or not they
1424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
desire to be represented by United Association of Plumbers and Steam-
fitters, Local 112, A. F. of L., for the purposes of collective bargaining.
2. All electrical maintenance electricians, excluding all supervisory
employees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, to determine whether or not they desire to be represented by
Local 325, International Brotherhood of Electrical Workers, A. F. of L.,
for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Elections.