Telechron, Inc.

National Labor Relations Board - Board Decisions

Jul 11, 1950

90 N.L.R.B. 931 (N.L.R.B. 1950)

In the Matter of TELECHRON , INC., EMPLOYER and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA ( UE), PETITIONER
Case No.1-RC-145°5.Decided July 11, 1950
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Anastasia M. Thannhauser,
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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Houston and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The Petitioner and the Intervenors 1 are labor organizations
claiming to represent certain employees 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.
4. The appropriate unit :
The Petitioner requests a unit composed of all production and main-
tenance employees, including watchmen and janitors, and excluding
office and clerical employees and supervisors, at the Main Street,
Worcester, Massachusetts, plant of the Employer. The Employer
opposes a single-plant unit and contends that a unit embracing the
(employees at both its Main Street and Foster Street plants is the only
appropriate unit. The Intervenors take no position on this issue but
,express willingness to participate in either a one- or two-plant election.
'Originally the Employer operated one plant on Commercial Street,
Worcester, Massachusetts, where, following a consent election, the
Petitioner was recognized as bargaining representative for the em-
ployees. In 1946 the Employer opened the Foster Street assembly
.1
The Intervenors are United Steelworkers of America, CIO and International Jewelry
Workers Union. AFL.
90 NLRB No. 132.
931
932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant, where, in a Board ordered election between the Petitioner and
the International Jewelry Workers Union, AFL, the employees voted
"No Union." 2 Shortly thereafter the Employer removed the rem-
nant of its Commercial Street plant to Main Street, the plant involved;
in the petition herein. There. is thus no bargaining history which is
controlling on the issue raised in this case.
The Employer is engaged at its Main Street plant in the produc-
tion of motors, coils, and other parts for clocks and timing devices.
The record shows that approximately 75 percent of this plant's output
is used in the assembly of clocks at the Foster Street plant. The rest
of Main Street's production is shipped for assembly to the Employer's
Ashland, Massachusetts, plants and to the General Electric Com-
pany. The Main Street plant employs approximately 675 employees,
while about 436 persons are employed at the Foster Street plant.
Operations at Main Street and Foster Street are closely integrated,
and there is a common labor policy, a two-plant credit union, and.
recreational association, and a single quality control department. The
general foreman at each plant is responsible to the same manager.
Although these factors militate in favor of a two-plant unit, they
are not so compelling as to require our holding that only a two-plant
unit is appropriate. Other factors here present justify a unit con-
fined to the Main Street plant as requested by the Petitioner. In
addition to the fact that there has been no bargaining history on a.
two-plant basis, and no union seeks or is in a position to secure a certifi-
cation on a two-plant basis,3 the plants are engaged in different though
integrated operations and transfers from one plant to the other are
very infrequent. Moreover, the Company maintains separate seniority
lists for each plant, and a laid-off employee at one plant cannot "bump"'
an employee with less seniority at the other. We also note that in the
earlier proceeding, involving the Foster Street plant,' no objection was
raised to a single-plant unit. In these circumstances we are persuaded
that a unit confined to the employees of the Employer's Main Street,.
Worcester, Massachusetts, plant is appropriate.5
2 Telechron, Inc., 72 NLRB 1170.
' Although the Intervenors have each indicated their willingness to appear on a ballot
for a two-plant unit neither has made an administrative showing sufficient to entitle it to
an election in a unit different from and appreciably larger than that requested by the
Petitioner. See the Electric Auto Lite Company, 87 NLRB 129.
4 See footnote 2, supra.
" In its brief the Employer contends , in substance , that a finding that the Main Street
plant is an appropriate unit would rest entirely upon the extent of the employees ' organ-
ization, and this is precluded by Section 9 (c) (5) of the Act. Suffice it to say that in
reaching the conclusion. that the Main Street plant is an appropriate unit the extent of
the employees ' •orkanization has not been the controlling consideration . ` We have already
held that such factor may be given some consideration . See Waidensian Hosiery'kilie,
Inc., 83 NLRB 742.
TELECHRON, INC. 933
There remain for consideration the following disputed categories :
Group leaders: The Employer would include these hourly paid
employees. The Petitioner and Intervenors would exclude them as
supervisors. The group leaders spend the bulk of their time in pro-
duction work. They instruct new employees, assist in straightening
,out assembly line tie-ups, and make reports to subforemen. They
have no power to hire or discharge or effectively to recommend such
action. On the basis of the above facts we find that to the extent
that group leaders direct the work of other employees their direction
is not of such nature as to require the use of independent judgment.
As they possess no other indicia of a supervisor, we conclude that they
are not supervisors within the meaning of the Act. We shall therefore
include them in the unit .6
Factory olericals: The Employer and Intervenors agree to exclude
these employees. The Petitioner would leave their unit placement to
the Board. The two shop clerks here involved keep time sheets and
department records and do stenographic work. Although they are
salaried employees and occasionally spend time in the plant office
in connection with their work, they are essentially plant clericals
of the type we ordinarily include in production and maintenance
units. Accordingly, we shall include the factory clericals in the unit .7
Watchmen: The Petitioner contended that the Employer had some
watchmen who spent less than 50 percent of their time in watchmen's
duties. The record, however, contains uncontradicted testimony that
the Main Street watchmen are engaged 100 percent of their time in
guard duties within the meaning of the Act. We therefore shall
exclude them from the unit as guards .s
. We find that all production and maintenance employees including
group leaders and factory clericals, but excluding time-study men,9
professional employees, guards, and supervisors as defined in the Act,
at the Employer's Main Street plant in Worcester, Massachusetts,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION 10
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
6 Scott-Atwater Manufacturing Company, Inc., 90 NLRB No. 9.
7 United States Metals Refining Company, 88 NLRB 1079.
s C. V. Hill & Company, Inc., 76 NLRB 158.
e The parties agreed to exclude these employees . See Mooresville Mills, 90 NLRB No. 48.
in Any 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.
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 excluding employees
on strike who are not entitled to reinstatement , to determine whether
they desire to be represented , for purposes of collective bargaining,,
by the United Electrical , Radio & Machine Workers of America
(UE), by United Steelworkers of America , CIO, by International
Jewelry Workers Union , AFL, or by none.