Scranton Battery Corp.

National Labor Relations Board - Board Decisions

Apr 19, 1950

89 N.L.R.B. 608 (N.L.R.B. 1950)

In the Matter of SCRANTON BATTERY CORPORATION, EMPLOYER and
LOCAL 125, INTERNATIONAL UNION OF ELECTRICAL, RADIO & MACHINE
WORKERS, CIO, PETITIONER
Case No. 4-RC-634.-Decided April 19, 1959
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before William
Reines, 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, involved claim to represent certain em-
ployees of the Employer.'
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.2
4. The appropriate unit :
All parties agree that the Employer's production and maintenance
employees including shipping employees, but excluding salesmen,
chemists, office and clerical employees, the expediter, guards, and
supervisors, constitute an appropriate unit. There is disagreement as
to the inclusion of the battery repairman, the two truck drivers, the
fireman-watchman, and the head maintenance man.
'These labor organizations are Local 125, International Union of Electrical , Radio &
Machine Workers , CIO, hereinafter called IUE-CIO ; Local 125, United Electrical , Radio &
Machine Workers of America , hereinafter called UE ; and International Association of
Machinists, District 128, hereinafter called IAM.
a It appears that the UE has acted as bargaining agent of the Employer 's employees
since February 1948. Their last contract entered into on February 1, 1949, terminated
on February 1, 1950, and therefore is no bar to a present determination of representatives.
89 NLRB No. 85.
608
SCRANTON BATTERY CORPORATION 609
The battery repairman and the two truck drivers: The Employer
would exclude these three employees because they have not been in-
cluded in the unit for which the UE has bargained. The battery re-
pairman works on the second shift from 5: 30 p. m. to midnight. He
devotes all his time to the repair of defective batteries which have been
• returned to the plant from the Employer's customers . The two truck
drivers work on an average of 3 or 4 days a week driving the Employ-
er's trucks. Although their full-time services are not required by
the Employer, they do not work elsewhere. 'We are of the opinion
that these three employees properly belong in the production and
maintenance unit here sought despite the fact that.they were not
included in the unit on behalf of which the UE has bargained .3 We
shall therefore include them.
The fireman-watchman: This employee is the only employee on
duty at the plant from midnight until the day shift begins. Accord-
ing to the Employer, he was employed primarily to protect the Em-
ployer's property, although it appears that he also does janitor work.
During the winter months, he spends about 2 hours tending the fur-
naces. We shall exclude this employee as a guard .4
The head maintenance man: The Employer, the UE, and the IUE-
CIO contend that the head maintenance man should be excluded as a
supervisor. The IAM, on the other hand, urges his inclusion. This
individual spends about 50 percent of his time supervising the opera-
tion of the Employer's machinery. The balance of his time is divided
between repairing and maintaining the machinery and working on
ideas for new machinery. He may make recommendations concern-
ing transfers and discipline of the men who operate the machines and
his recommendations are given weight by the Employer. We find
that the head maintenance man is a supervisor and shall therefore
exclude him.
We find that all the Employer's production and maintenance em-
ployees, including shipping employees, the battery repairman, and
truck drivers, but excluding salesmen, chemists, office and clerical
employees, the expediter, guards, the fireman-watchman, the head
maintenance man, and other supervisors as defined in the Act; consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
3 Benner Tea Company, 88 NLRB 1409.
4 C. V. Hill & Co., Inc., 76 NLRB 158.
610 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION 5
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
-supervision 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 including employees
on strike who are not entitled to reinstatement, to determine whether
they desire to be represented, for purposes of collective bargaining, by
Local 125, International Union of Electrical, Radio & Machine Work-
ers, CIO, or by International Association of Machinists, District 128,
or by neither.
5 By order dated May 8 , 1950 , the Board granted Local 125, United Electrical , Radio &
Machine Workers of America permission to withdraw its name from the ballot.