General Electric Co.

111 the Matter of GENERAL ELECTRIC COMPANY (DECATUR WORKS) and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 924, C. I. O. In the Matter of GENERAL ELECTRIC COMPANY (KOKOMO WORKS) and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 936, C. I. O. Cases Nos. 13-R-2-510 and 13-R-2520 respectively.Decided November 13, 1944 Mr. I. H. Freeman, of Fort Wayne, Ind., for the Company. Mr. Robert D. Cole, of Decatur, Ind., Mr. Charles E. Evans, of Kokomo, Ind., and Miss Elizabeth Moore, of Fort Wayne, Ind., for the Union. Mr. Bernard Goldberg, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon petitions duly filed by Locals 924 and 936 of the United Elec- trical, Radio & Machine Workers of America, C. I. 0., herein to- gether called the Union, alleging that questions affecting commerce had arisen concerning the representation of employees at the Decatur, Indiana, and Kokomo, Indiana, works of the General Electric Com- pany, herein called the Company, the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice before Gustaf B. Erickson, Trial Examiner. Said hearing was held at- Fort Wayne, Indiana, on October 12, 1944. The Com- pany and the Union 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 oppor- tunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: 59 N. L. It. B., No. 44. 221 222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY I At its plants in Decatur, Indiana, and Kokomo, Indiana, with which this proceeding is concerned, the General Electric Company is engaged in the manufacture and distribution of electric appliances. Each of the plants uses in its manufacturing operations raw materials whose value exceeds $1,000,000, of which more than 50 percent comes from outside the State of Indiana. The finished products are shipped to purchasers throughout the United States and foreign countries. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Locals 924 and 936 of the United Electrical, Radio & Machine Work- ers of America, affiliated with the Congress of Industrial Organiza- tions, are labor organizations admitting to membership employees of the Company. I III. THE ALLEGED APPROPRIATE UNITS The Union seeks separate units of salaried dispatchers and expe- diters 1 in the Company's Kokomo, Indiana, and Decatur, Indiana, plants. The Company contends that such units are too restricted and therefore inappropriate; and that proper units in both plants should comprise all salaried clerical employees. For a number of years the Union has been the bargaining representa- tive of all hourly paid production and maintenance employees in both plants of the Company. The dispatchers, as salaried employees, are excluded from such units. Although under the general supervision' of the production supervisor, the duties of the dispatchers are pri- marily clerical: they schedule work through the shop, procure mate- rials and, in general, expedite the delivery of products. We are of the opinion that dispatchers have neither duties nor interests suffi- ciently distinct from that of other salaried clerical workers to justify their establishment as a separate bargaining unit .2 The mere fact that the Union has limited its organizational activities to a particular group of employees does not justify the creation of a separate bargain- ing unit for such employees, where, as here, they constitute neither a craft nor a department of the Company and are an integral part of an 1 The terms "dispatcher" and "expediter" are used interchangeably by the parties For the sake of convenience , these employees will be referred to hereinafter as dispatchers. 2 Cf. Matter of Westinghouse Electric d Manufacturing Co., 44 N. L. R. B. 1182; Matter of General Electric Company, 54 N. L. R B 1299. GENERAL ELECTRIC COMPANY 223 otherwise appropriate unit.' Accordingly, we find that the units sought by the Union are inappropriate for the purposes of collective bargaining, and we shall dismiss the petitions filed herein. IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION Since the bargaining units sought to be established by the petitions are. inappropriate, as stated in Section III, above, we find that no questions have arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) of the National Labor Relations Act. ORDER Upon the basis, of the above findings of fact and the entire record in the case, the Board hereby orders that the petitions for investigation and certification of representatives of employees of the Decatur, In- diana, and Kokomo, Indiana, plants of the General Electric Company filed by Locals 924 and 936 of United Electrical, Radio & Machine Workers of America, C. I. 0., be, and they hereby are, dismissed. 8 Cf. Matter of California Shipbuilding Corp., 57 N. L. R. B. 1791 ; Matter of Triangle Publications, Inc., 40 N. L. R. B. 1330. 618683-45-vol. 59-16