U. S. Electrical Motors, Inc.

In the Matter of U. S. ELECTRICAL MOTORS, INC. and UNITED ELECTRI- CAL, RADIO & MACHINE WORKERS OF AMERICA LOCAL 1421, CIO Case No. R-4370.-Decided October 31, 19-112 Jurisdiction : electrical equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: dis- pute as to appropriate unit; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees at one of Company's plants, including production shop clerks,-but excluding clerical employees in the production office, other clerical and office employees, guards, executives, and supervisory employees with the right to hire or discharge or to recommend hire or discharge. Mr. J. Lewis Furman, of Los Angeles, Calif., for the Company. Mr. Leo Gallagher, by Mr. Victor Kaplan, of Los Angeles, Calif., for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Electrical, Radio & Machine Workers of America, Local 1421, CIO, herein called the Union, alleg- ing that a question affecting commerce had arisen concerning the representation of employees of U. S. Electrical Motors, Inc., Los Angeles, California, herein called the Company, the National, Labor Relations Board provided for an appropriate hearing upon due notice before Daniel J. Harrington, Trial Examiner. Said hearing was held at Los Angeles, California, on October 6, 1942' The ,Company and the Union appeared, participated, and were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rul- ings made at the hearing are free'froin prejudicial error and are hereby affirmed. On October 15, 1942, the Company filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY U. S. Electrical Motors, Inc., is engaged' in the manufacture and sale of electric motors and other electrical equipment. The Company 45 N. L R. B, No.'45. 298 U. S. ELECTRICAL MOTORS, INC. 299 operates a plant at 'Los Angeles, California, the only plant involved in this proceeding. Raw materials used at the plant consist chiefly of steel, cast iron, copper, aluminum, and ball bearings. During 1941, the Company purchased for use at the plant approximately 6 tons of such materials, approximately 60 percent,of which was originally brought into California from points outside the State. During the same period, approximately 60 percent of the products made by the Company at the plant was shipped to customers outside California. II. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America, Local 1421, is a labor organization affiliated with the Congress of Industrial. Organizations, admitting to membership employees of the'Company. III. THE QUESTION CONCERNING REPRESENTATION In July 1942, at a conference between representatives of the Company and the Union, the parties were unable to agree upon an appropriate bargaining unit. A statement prepared by the Acting Regioiial Director and intro- duced into evidence at the hearing indicates that the Union represents a substantial number of employees in the appropriate unit 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 NationalLabor Relations Act. IV. THE APPROPRIATE UNIT The parties agree, and we find, that production and maintenance employees of the Company, including production shop clerks, should be included in the bargaining unit. The parties, further agree, and we find, that clerical employees in'the production office, other clerical and office employees, executives, and supervisory employees with the right to hire or discharge or to recommend hire or discharge should be ex- cluded from 'the bargaining unit. The parties disagree with respect to guards. The Union would include guards within the bargaining unit; the Company would exclude them. ' ' Before December 1941 the Company employed a few watchmen, who combined with'their usual routine some janitorial duties. Since De- cember 1941, when the United States entered into war, electrical equip- ment made at the plant has been designated for the war effort. 'To 1 The Union submitted 254 application cards, all of which appear to bear genuine signa- tures of employees on the Company's pay roll of August 26 , 1942. There are approximately 635 employees in the appropriate unit. 300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD afford greater protection to the plant and to the workers therein, the Company has increased the number of its plant protection force to 12 and has reclassified such employees as' "guards." As specially author- ized employees, guards have access to all parts of the plant, including the offices of the Company. They are posted at all plant entrances. They issue passes permitting employees to enter and leave the plant, and they grant special permits to others to visit the plant. Guards have recently been inducted as civilian members of the Auxiliary Military Police with a dual responsibility to the Company and to the military authorities for the greater safety of the plant. Under the new regime, however, guards remain, as watchmen formerly were, under the super- vision of the maintenance foreman at the plant. They retain some incidental janitorial duties which they perform when they are not spe- cifically assigned to duty at the plant entrances. At the request of the only labor organization involved in a representation proceeding, the Board has frequently included ordinary watchmen in a single industrial unit with production and maintenance workers. Under present conditions at`the plant, and in the absence of any precedent of past bargaining between the Company and its employees including watchmen, we shall exclude guards from the unit composed of regular production and maintenance employees.2 ' We find that all production and maintenance employees of the Com- pany at its Los Angeles plant, including production shop clerks, ^ but excluding clerical employees in the production, office, other clerical and office employees, guards, executives, and supervisory, employees with the right to hire or discharge or to recommend hire or discharge, con- stitute 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 find that the question concerning representation which has arisen can best be resolved by-an election by secret ballot. At the time of the hearing, approximately. 65 employees of the Com- pany in eligible categories were absent from work due to military leave. The Union and the Company agree that such men should be eligible to vote if they come in person- to the polls to cast their ballots. The Company urges that the ,right of these employees to reinstate- ment at the plant after military service entitles those whose-military duties prevent their personal attendance at the polls to vote by mail. We do not agree. For reasons which are clearly set forth in a prior, 2 Cf Matter of The Flintkote Company (Meridian, Mississippi) and District 50, United Mine Workers of America, CIO, 42 N. L. R. B 929, and Matter of Chrysler Corporation, Highland Park Plant and Local 114, United Automobile, Aircraft and Agricultural Imple- ment Workers of America, affiliated wath the C . 1. 0., 44 N. L. R B. 881. U. S. ELECTRICAL MOTORS, INC. 301 representation proceeding,s the Board has found it inexpedient to extend the privilege of voting by mail to employees absent on mili- tary leave. The Board has, accordingly, directed its administrative assistants to construe the eligibility clause pertaining to such employees usually set forth in its directions of elections as limiting the eligibility of employees on military leave to those who attend the polls in person to cast their ballots. Those eligible to vote in.the election shall be employees within the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, subject to the limitations and additions set forth therein. 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 Rela- tions Board and Regulations-Series 2, as amended, it is hereby. DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with U., S. Electrical Motors, Inc., Los Angeles, California, 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 Director for the Twenty-first Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among all employees of the Company within 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 such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Electrical, Radio & Machine Workers of America, Local 1421, CIO, for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. 1 8 See Matter of Wilson & Co , Inc., and Packinghouse Workers Organizing Committee, Local No. 20, affiliated with the C. I. 0., 37 N. L. R. B. 944.