Remington Rand, Inc.

National Labor Relations Board - Board Decisions

Apr 20, 1948

77 N.L.R.B. 200 (N.L.R.B. 1948)

In the Matter Of REMINGTON RAND, INC., EMPLOYER and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS , LODGE 1373 , PETITIONER
Case No. 1-RC-93.Deeided April 20, 1948
Mr. William J. Carney, of New York, N. Y., for the Employer.
Mr. Harold F. Reardon, of Boston , Mass., for the Petitioner.
Mr. Donald Tormey, of Boston, Mass., for the U. E.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Boston,
Massachusetts, on February 2, 1948, before Thomas H. Ramsey, hear-
ing officer. At the hearing, United Electrical, Radio and Machine
Workers of America, C. I. 0., herein called the U. E., appeared and
moved to intervene. The hearing officer granted this motion. The
U. E. has not complied with the filing requirements of Section 9 (f),
(g), and (h) of the Act, as amended, nor did it allege or show a
current contractual interest in this matter.' Accordingly, the hear-
ing officer's ruling permitting the intervention is reversed.2 The other
rulings made by the hearing officer at the hearing are free from
prejudicial error, and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board 3 makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Remington Rand, Inc., a Delaware corporation, is engaged in the
manufacture, purchase, sale, and distribution of typewriters, adding
I The U. E. held a contract with the Employer which was terminated by notice under its
automatic renewal clause before the filing of the petition herein. It sought to intervene
on the ground that negotiations for a new contract which had been entered into before the
filing of the petition constituted a bar to this proceeding
2 Matter of Schneider Transportation Company, 75 N. L. R. B. 870 , Matter of Consoh-
dated Steamship Company, 75 N. L R B 1254 , Matter of General Electric Company, 76
N L. R B 146.
a Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its
powers in connection with this case to a three-man panel consisting of the undersigned
Board Members [Chaiiman Herzog and Members Muidock and Gray]
77 N. L. R. B., No. 22.
200
REMINGTON RAND, INC. 201
and computing machines, and other business and office equipment.
Although the Employer operates plants nationally, this petition is
concerned solely with the sales and service branch at Boston, Massa-
chusetts. During 1946, the Employer purchased raw materials valued
in excess of $10,000,000, of which approximately 75 percent was
shipped in interstate commerce. Its sales during that same year were
valued in excess of $50,000,000, a substantial portion of which was
shipped to points outside the States in which its plants are located.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization claiming to represent em-
ployees of the Employer.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT
We find, in accord with the stipulation of the parties, that all repair
mechanics of the Typewriter and ABC Machine Divisions of the Bos-
ton branch of the Company, excluding office and clerical employees,
professional employees, guards, executives, foremen, and supervisors
as defined in the Act, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Remington Rand, Inc., Boston,
Massachusetts, 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 Di-
rector for the First Region, and subject to Sections 203.61 and 203.62
of National Labor Relations Board Rules and Regulations-Series 5,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
preceding the date of this Direction, including employees who did
not work during said pay-roll period because they were ill or on va-
cation or temporarily laid off, 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, and also excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether or not they desire to be represented by International Asso-
ciation of Machinists, Lodge 1373, for the purposes of collective
bargaining.