Otis Elevator Co.

In the Matter Of OTIS ELEVATOR COMPANY and INTERNATIONAL BROTH- ERHOOD OF TEAMSTERS & CHAUFFEURS, LOCAL UNION 17-7 Case No. B-41385.-Decided November 5, 19.E Jurisdiction : airplane parts manufacturing industry. Investigation and Certification of Representatives : existence of question • re- fusal to accord any organization recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : guards at the Aeronautical Divi- sion of the Company, excluding sergeants, lieutenants, captains, and majors. Definitions : guards, who had taken an oath of allegiance to the United States Government and were subject to the`Articles of War, held employees within the meaning of the-Act. Mr. Fred DuPont, of Newark, N. J., for the Union. Mr. Louis Colcin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Brotherhood of Teamsters & Chauffeurs, Local Union 177, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Otis Elevator Company, Harrison, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William T. Little, Trial Examiner. Said hearing was held at Newark, New Jersey, on October 13, 1942. The Union appeared and participated in the hear- ing.' All parties were afforded full opportunity to be heard, to exam- ine 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. I The Company entered no formal appearance at the hearing but its counsel was present as an observer 45 N. L. R. B., No. 64. 419 r 420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Otis Elevator Company is a New Jersey corporation. We are here concerned with the Company's Aeronautical Division located at Har- rison, New Jersey, where it is engaged in the manufacture, sale, and distribution of airplane parts. During the 12-month period pre- ceding October 1, 1942, the Company purchased for use in its Aero- nautical Division raw materials valued in excess of $100,000, practi- cally all of which were shipped to it from points outside New Jersey. During the same period, the Company manufactured finished prod- ucts valued in excess of $100,000, almost all of which were shipped out of New Jersey. The Company admits that it is engaged in com- merce within the meaning of the National Labor Relations Act. II.,THE ORGANIZATION INVOLVED International Brotherhood of Teamsters & Chauffeurs, Local Union 177, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize any labor organization as the exclusive representative of any of its employees until such time as the Board certifies a bargaining. agent. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial number of the employees in the alleged appropriate unit.2 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 Union contends that all guards employed at the Aeronautical Division of the Company, including sergeants, but excluding lieuten- ants, captains, and majors, constitute an appropriate unit. The Com- pany took no position with respect to the unit. 2 The Regional Director reported that the Union presented 46 membership -application cards bearing apparently genuine signatures of persons whose names appear on the Com- pany's pay roll of August 22, 1942 There are 86 employees on that pay roll who are in the alleged appropriate unit. OTIS ELEVATOR COMPANY :421- The Company employs 5 sergeants, each of whom has 20 guards under him. The sergeants spend'a majority of their time maintain- ing discipline among the guards and perform ordinary guard duty only on infrequent occasions. We shall exclude the sergeants from the unit. - The guards wear uniforms and carry firearms. They work on gate duty inspecting incoming and outgoing vehicles and persons, and one of their more important duties is to prevent sabotage. The guards are hired, discharged, and paid by the Company. They take an oath of allegiance to the United States Government and are subject to the Articles of War. We find that the guards are employees within the meaning of Section 2 (3) of the Act.3 We find that all guards at the Aeronautical Division of the Com- pany, excluding sergeants, lieutenants, captains, and majors, consti- tute 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. The Union urges that the pay roll of August 22, 1942, be used to determine eligibility to vote. The Company took no position with respect to the eligibility date. Inasmuch as no reason appears why, we should depart from our usual practice, we shall direct that the employees eligible to vote shall be those within the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and provisions set forth in the Direction. The Union requests that it appear on the ballot as "I. B. of T., Local 177." The request is hereby granted. 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules 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 Otis Elevator 3 See Matter of Chrysler Corporation, Highland Park Plant and Local 111 United Auto- mobile and Aircraft Agricultural Implement Workers of America , affiliated with the C. I. 0., 44 N L R. B. 881. 422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company, Harrison, New Jersey, 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 Second-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 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 any such employees who did not work during said 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 any who'have since quit or been discharged for cause, to determine whether or not they desire 'to be represented by I. B. of T., Local 177, for the purposes of collective bargaining.