Remington Rand, Inc.

National Labor Relations Board - Board Decisions

May 25, 1950

89 N.L.R.B. 1638 (N.L.R.B. 1950)

In the Matter Of REMINGTON RAND, INC., EMPLOYER and UNITED
ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, UE,
PETITIONER
Cases Nos . 3-RC-423 and 3-RC-429.-Decided May 95, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon petitions duly filed and consolidated, a hearing was held be-
fore John C. McRee, hearing officer. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Houston, Reynolds, and
Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent em-
ployees of the Employer.'
3. A question of representation affecting commerce exists concern-
ing certain employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit:
The UE and the IUE seek a two-plant unit of production and
maintenance employees at the. Employer's Tonawanda and North
Tonawanda, New York, plants? The Employer contends that the
combination of the two plants in a single unit is inappropriate and
that each plant comprises a separate appropriate unit. The parties
' United Electrical , Radio and Machine Workers of America , UE, herein called the UE,
is the petitioner in this case . The intervenors are the International Union of Electrical,
Radio and Machine Workers of America , CIO, herein called the IUE and the International
Printing , Pressmen & Assistants ' Union of North America, Local 27, AFL, herein called
the Printing Pressmen.
2In Case No. 3-RC-423, the UE asked for a two -plant unit at Tonawanda and North
Tonawanda . When the Employer indicated willingness to consent to an election on a single-
89 NLRB No. 198.
1638
REMINGTON RAND, INC. 1639
agree as to the inclusion in the unit of folder machine operators, lead-
men,8 firemen-watchmen,4 and the exclusion of printing pressmen and
printing pressmen assistants.5 They disagree as to the inclusion or
exclusion of timekeepers at both plants, storekeepers at Tonawanda,
foremen clerks at North Tonawanda, and salaried production clerks
at Tonawanda.
The Employer is a Delaware corporation with executive offices in
New York, New York. The only two plants involved in this proceed-
ing are the Tonawanda plant, where the Employer manufactures
steel office equipment, and the North Tonawanda plant, where it manu-
factures printing forms and systems sets. The Tonawanda plant is
located at 574 Main Street, Tonawanda, New York, and approxi-
mately a mile away, in a different county, the North Tonawanda
plant is situated at 162 Sweeney Street, North Tonawanda, New York.
The Employer has a number of other plants but none in this vicinity.
Until September 1949, the managers of these two plants were respon-
sible to the general manager or vice president who was in charge of
development, engineering, production, and sales for all plants in the
Employer's systems division. Since that time, however, North Tona-
wanda, along with four other printing and paper plants has been
under the executive direction of a general production manager of
paper and printing plants, and Tonawanda, along with one other
,steel fabricating plant, has been under the jurisdiction of a general
production manager of steel fabricating plants. Both of these general
managers are responsible to a vice president solely in charge of pro-
duction. There has been no change in the local plant management.
The Employer contends that the employees at these two plants
have no community of interests. It is true that the plants operate
more or less independently of each other. The evidence shows that
each plant has a separate manager. There appears to be no system
of transfer from one plant to the other. Separate personnel depart-
ments are maintained, separate wage rates are established, and separate
seniority lists are kept for each plant. The only joint facilities con-
sist of an accounting department located at Tonawanda which pre-
plant unit basis, the UE Sled amended petitions for separate units ( Case No. 3-RC-423,
Tonawanda , and Case No. 3-RC-429 , North Tonawanda ). After the consent election
agreements were executed but before notice of the election was issued, the IUE Intervened
with a sufficient showing of interest and refused to agree to the unit as described in the
consent election agreement . Accordingly the consent election was canceled and a notice
of bearing was issued. At the hearing the UE reverted to its position of seeking a two-
plant unit.
8 Presumably these employees , as to whose duties there is no evidence, are not supervisors.
4 Inasmuch as these employees may fall within the statutory exclusion of guards, the
agreement of the parties is not necessarily conclusive.
8 The printing pressmen and printing pressmen assistants at the North Tonawanda plant
are currently represented in a separate unit by the Printing Pressmen.
1640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pares the payroll checks for both plants. -Some classifications of':
employees are found in each plant. The employees at both plants are-
engaged in the manufacture of entirely different products of which
there is no significant integration."
Considering the matter in the first instance, we might find two units
appropriate on the above facts. However, the employees of both.
plants have been represented in a single unit which the Board found
appropriate in 1941 pursuant to the agreement of the parties in that
case.7 As a result of that determination, the UE was certified as the
bargaining representative of these employees and thereafter from:
1941 to 1947 signed contracts with the Employer covering both plants.
in one unit." A 6-year period of effective bargaining on a t,vo-plant,
basis is a persuasive argument for continuing the two-plant unit. The.
change in the Employer's organizational structure in September 1949•
did not change the management at the plant level and does not suffice,,
in our opinion, to show that bargaining on a two-plant basis is no
longer feasible. Furthermore, no labor organization is seeking to,
represent the employees of either Tonawanda or North Tonawanda in
a separate unit. On the entire record, therefore, we are convinced that
a single unit for both plants is still appropriate and we so find .9
A question remains as to the inclusion or exclusion of certain
employees.
Firemen-'watchmen. All parties-;agree to include these employees,
and they have been included in the historical unit. Located in a.
separate building of the North Tonawanda plant, they fire boilers:
and- take care of the heat in the winter and serve as watchmen all dur-
ing the year, making rounds and punching clocks. In accordance.
with our policy as to watchmen, we shall exclude them from the unit.l"'
Timekeepers at both plants. The Employer and the UE woul&
exclude and the IUE would include the timekeepers. It appears that.
these employees have always been included in the historical unit. It.
8 The only integration of products involves one small item. Employees of North Tona-
wanda glue a piece of felt to a steel book , support made by employees at Tonawanda.
T In March 1937, the Board in Remington Rand, Inc., 2 NLRB 626, found that an eight-
plant unit, including Tonawanda and North Tonawanda, was appropriate. In April 1941,
in Remington Rand, Inc., 31 NLRB 490, the Board found that a two-plant unit of Tona-
wanda and North Tonawanda ' was appropriate.
8 The last contract between the Employer and the UE was executed in 1946 and expired.
In 1947. A-strike followed.
8 The Fuller Automobile Company and Fuller Manufacturing & Supply Company, 88'
NLRB 1452 . In support of its argument for two separate units, the Employer cites In
its brief Freuhauf Trailer Company, 87 NLRB 589, and Montgomery Ward & Co., incor-
porated, 87 NLRB 254. The Montgomery Ward case is inapposite . In the Freuhauf case,
the changes in the employer's organizational structure, which were deemed to justify an
alteration of the historical bargaining unit, were more far reaching and significant than
those which have occurred in this case.
1Q•C. V. Hill & 'Company, Inc., 76 NLRB 158.
REMINGTON RAND, INC. 1641
is their duty to, watch the operators and see that they turn in the proper
time, to record the various production orders, figure the time, and turn
it over to the payroll department. They do not set.rates. They have
desks on the production floor where they spend about 90 percent of
their time.h1 They are paid at an hourly rate and are subject to the
same sick leave and vacation policies as are production and mainte-
nance employees. The timekeepers at both plants perform essen-
tially the same work. As their interests seem closely allied with
production and maintenance employees, we shall include them in the
appropriate unit.12
Storekeepers at Tonawanda.13 The Employer and the UE would
exclude and the IUE include the storekeepers at Tonawanda. These
employees assign and direct the work of 3 to 15 employees, can effec-
tively recommend discharge, discipline, or transfer, are paid on a
salaried basis comparable to foremen, attend supervisory meetings,
and have the same vacation privileges and other benefits that super-
visory employees enjoy. They were not included in the historical unit.
We shall exclude these employees as *supervisors.
Foremen clerics at North Tonawanda and salaried production clerks
at Tonawanda. The Employer and the UE would exclude and the
IUE include the foremen clerks and salaried production clerks. The
foremen clerks do all the filing and clerical work under the top fore-
man at the two production centers at North Tonawanda, and also
handle and prepare labor relations reports and instructions. They,
are paid on a salary basis and have the same vacation and other
privileges as do the general office clerical employees. The salaried
production clerks at Tonawanda have the same privileges and perform
the same functions as do the foremen clerks at North Tonawanda, and
in addition do expediting and liaison work. They report not to the
foremen as do foremen clerks but directly to the supervisor of the
office planning department. The foremen clerks have been excluded..
from the historical unit but salaried production clerks have been
included. In view of the facts above, we shall exclude both foremen
clerks at North Tonawanda and salaried production clerks at Ton-
awanda from the unit as office clerical employees.
We find that the following employees constitute a unit appropriate.
for purposes of collective bargaining within the meaning of Section
9 (b) of the Act:. All production and maintenance employees includ-
" The timekeepers spend about 10 percent of their time in the accounting department,.
being used there when not needed elsewhere.
12 Farrell-Check Steel Company, 88 NLRB 303.
'2 There are no storekeepers at North Tonawanda where a foreman has charge of all
stock.
1642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing leadmen, folder machine operators, and timekeepers at the Em-
ployer's Tonawanda and North Tonawanda, New York, plants, but
,excluding printing pressmen and printing pressmen assistants, store-
keepers at the Tonawanda plant, foremen clerks at the North Ton-
awanda plant, salaried production clerks at the Tonawanda plant,
-office and clerical employees, firemen-watchmen, guards, professional
employees, and all supervisors as defined in the Act.
DIRECTION OF ELECTION 14
As part of the investigation to ascertain representatives for the
_purposes of collective bargaining with the Employer, an election by
.secret ballot shall be conducted as early as possible, but not later than
.30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said payroll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
they desire to be represented, for purposes of collective bargaining,
by United Electrical, Radio and Machine Workers of America, UE, or
by International Union of Electrical, Radio and Machine Workers of
America, CIO, or neither.
14 Either participant in the election directed herein may, upon its prompt request to, and
approval, thereof by, the Regional Director , have its name removed from the ballot.