Western Electric Co., Inc.

National Labor Relations Board - Board Decisions

Jul 30, 1945

62 N.L.R.B. 1505 (N.L.R.B. 1945)

In the Matter of WESTERN ELECTRIC COMPANY, INC. and AMERICAN
FEDERATION OF LABOR
In the Matter of WESTERN ELECTRIC COMPANY, INC. and UNITED-ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Cases Nos. 5-R-1412 and 5-R-1921, respectively. Decided July 30, 1945
Mr. R. Dorsey Watkins, of Baltimore, Md., and Mr. H. Kimball Prince,
of New York City, for the Company.
Messrs. H. A. McFarland and Guy Rebok, and Miss Rhoda Pearson, of
Baltimore, Md., for the AFL.
Mr. David Scribner, by Mr. Frederick R. Livingston, of New York City,
and Messrs. Herbert Hirschberg and Carl Kuhn, of Baltimore, Md., for
the UE.
Mr. Al Philip Kane, of Washington, D. C., and Messrs. W. H. Pctry
and Elmer R. House, of Baltimore, Md., for the TEW-NFTW.
Messrs. C. F. Rose and C. K. Poske, of Baltimore, Md., for the PBSEA.
Miss Katharine Loomis, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by American Federation of Labor,
herein called the AFL, and upon a petition duly filed by United Electrical,
Radio & Machine Workers of America, C. I. 0., herein called the UE, each
alleging that a question affecting commerce had arisen concerning the rep-
resentation of employees of Western Electric Company, Inc., Point Breeze,
Baltimore , Maryland, herein called the Company, the National Labor Rela-
tions Board, by an order dated May 15. 1945, consolidated the cases and
provided for an appropriate hearing upon clue notice before Earle K. Shawe,
Trial Examiner. Said hearing was held at Baltimore , Maryland, on May
24, 1945 . The Company, the AFL, the UE, the Telephone Equipment
Workers-NFTW , herein called the TEW-NFTW, and the Point Breeze
62 N. L. R. B., No. 210.
1505
1506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Salaried Employees' Association, Inc., herein called the PB SEA, 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 Examiner's rulings made at the hearing are free
from prejudicial error and are 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
Western Electric Company , Inc., is a New York corporation having its
principal office in New York City. It is engaged in the manufacture, pur-
chase, and sale of communication equipment for the Bell Telephone Sys-
tem. Its principal manufacturing plants are located in Chicago, Illinois,
Kearney, New Jersey, Middle Village, Long Island, New York, and Point
Breeze, Baltimore , Maryland. This proceeding concerns only the Com-
pany's plant at Point Breeze , Baltimore , Maryland, herein called the Point
Breeze Works . During the year 1944, the Company 's Point Breeze Works
purchased materials and supplies amounting in value to more than $23,000,-
000, 80 percent of which was purchased outside the State of Maryland.
During the same period there were shipped from this plant finished prod-
ucts amounting in value to . more than $40,000,000, substantially all of
which was shipped to points outside the State of Maryland.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
11. THE ORGANIZATIONS INVOLVED
American Federation of Labor is a labor organization admitting to mem-
bership employees of the Company.
United Electrical , Radio & Machine Workers of America, affiliated with
the Congress of Industrial Organizations , is a labor organization admitting
to membership employees of the Company.
Telephone Equipment Workers-NFTW, unaffiliated , is a labor organ-
ization admitting to membership employees of the Company.
Point Breeze Salaried Employees ' Association , Inc., unaffiliated, is a
labor organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the AFL, the UE, or
the TEW-NFTW as the exclusive bargaining representative of the pro-
duction and maintenance employees of its Point Breeze Works until one
of these organizations has been certified by the Board.
WESTERN ELECTRIC COMPANY, INC. 1507
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the AFL represents a substantial number of employees in
the unit which it claims to be appropriate.'
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The AFL, the UE, and the TEW-NFTW each seeks a unit of all pro-
duction and maintenance employees of the Company's Point Breeze
Works.` The unions are agreed that the unit should include cafeteria em-
ployees, but exclude procurement specialists, guards, firemen, chauffeur-
guards, administrative and technical employees, and all supervisory em-
ployees of the rank of group chief and above. They are thus in agreement
that the unit should be comprised of the Company's hourly paid production
and maintenance workers, except that the UE would also include in the
unit eight categories of salaried employees, contending that they are shop
clericals. These classifications are production control clerks, department
clerks, shop clerks, record clerks, stock record clerks, output tracers, pro-
duction service clerks, and quality-accuracy inspectors. All are now repre-
sented by the PB SEA as part of a unit of salaried employees. The PB SEA,
the AFL, and the TEW-NFTW seek their exclusion.
From the Company's lists of employees received in evidence it appears
that there are other classifications of salaried clerical employees whose
interests, judging from then- titles, are closely related to the eight categories
sought by the UE Yet the UE does not ask for their inclusion. It is doubt-
ful, moreover, whether any of the salaried clericals ought to be bargained
for together with procurement and maintenance employees. On the contrary,
it would seem that all form a well-defined, homogeneous, white-collar
group which should remain separate from the production and maintenance
I
IThe Field Examiner repotted that the AFL submitted 2,536 authorization cards and petitions,
that the names of 1,694 persons appearing on the cards and petitions were listed on the Company's
pay roll of April 22, 1945, which contained the names of 4,919 employees in the AFL's alleged appro-
puate unit, and that 17 of the cards were dated before 1943 and 2,519 were dated after 1943
The UE submitted 1,449 authorization cards The names of 865 persons appearing on the cards
were contained in the aforesaid pay loll The cards were all dated subsequent to February 7, 1944
At the hearing the U E submitted to the Trial Ex,innnei 393 additional authorization cards which
wen e not checked against any pay roll
The TEW-NFTW submitted 970 authoiization cards The names of 840 persons appearing on the
catds were contained in the April 22, 1945, pay roll The cards were all dated subsequent to August
29, 1944 At the hearing the TEW-NFTW submitted to the Trial Examiner 309 additional authors-
-ration caids which were not checked against any pay roll
The PBSEA' submitted its current contracts with the Company covering "all salaried, non-super-
visory" employees as evidence of its mteiest among eight categoiies of salaried employees whom
the UE seek to represent
>! The Compani takes no position conceinmg any of the issues raised in the case
1508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees for collective bargaining purposes. Consequently, we shall ex-
clude the salaried clericals in dispute s
We find, therefore, that all production and maintenance employees of the
Company's Point Breeze \\lorks, including cafeteria employees,' but ex-
cluding all production control clerks, department clerks, shop clerks, record
clerks, stock record clerks, output tracers, production service clerks, quality-
accuracy inspectors, procurement specialists, guards, firemen, and chattf-
feur-guards,' all administrative and technical employees, all supervisory
employees of the rank of group chief and above, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees in
the appropriate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.'
At the hearing some question was raised concerning a connection between
the TEW-NFTW and the Point Breeze Employees' Association, Inc., a
labor organization which we previously ordered disestablished in Case No.
5-C-1604.' Therefore, while in this Direction of Election, we accord places
on the ballot to all the labor organizations involved in the case at bar,' our
action in this regard shall not preclude us from obtaining complete com-
pliance with the requirements of our order in Case No. 5-C-1604, if such
requirements have not already been fully met.
S At the hearing a question was raised as to the legality of the PBSEA Also, the PBSEA raised
the question of whether its current contracts with the Company constitute a bar to a present determi-
nation of representatives m,ofai as the eight disputed categories are concerned Since the basis upon
which we exclude these employees is unrelated to these issues , we find it unnecessary to pass upon
them
i The record indicate, that all production and maintenance employees, including the cafeteria
employees , fall within job classifications listed by the Company in its 6,000, 7 ,000, and 8,000 series.
' The guar ds, fir emen , and chauffeur - guards also fall within the Company 's 6,000, 7 ,000, and 8,000
,eiies Guards have a lob classification of #7862, firemen a job classification of #8847, and the
chauffeur-guards ate those chauffeurs who conic within job classification #7842 and who are mili-
tarized or deputized .
O The AFL requests that it appear on the ballot as "Flash Local 23703, A F of L"; the UE
that it appear as "United Electiical , Radio & Machine Workers of America-U E-C I 0 ";
and the TEW-NFTW that it appear as "Telephone Equipment woikers-NFTW " The requests
are granted
See Matte , of Westcin Elechu Compai.y, Incorporated, 57 N L R It 1177, enforced, 147 F
(2) 519 (C C A 4), cert denied , 65 S Ct 1014
8 Except the PBSEA, which is solely interested in the salaried clericals we have excluded
WESTERN ELECTRIC COMPANY, INC. 1509
DIRECTION OF ELECTION
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 Western Electric Company,
Inc., Point Breeze, Baltimore, Maryland, 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, trader the direction and supervision of the
Regional Director for the Fifth Region, acting iri 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 employees in the unit
found appropriate in Section IV, above, who were employed during the
pay-roll period immediately preceding the date of this Direction, 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, to determine whether they desire to be represented by "Flash"
Local 23703, A. F. of L., or by United Electrical, Radio & \VIachine Work-
ers of America-U. E.-C. I. 0., or by Telephone Equipment Workers-
N. F. T. W., for the purposes of collective bargaining, or by none of these
organizations.