Reeves Sound Laboratories, Inc.

In the Matter of REEVES SOUND LABORATORIES , INC. and UNITED ELEC- TRICAL, RADIO & MACHINE WORKERS OF AMERICA, CIO Case No.2-R-5246.-Decided February 6,1945 _ Messrs. Henry Epstein and Victor H. Rothschild, of New York,City, for the Company. - Messrs, Frank Scheiner, Charles Rivers, and James Conroy, of New York City, for the Union. - Mr. Bernard Goldberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Electrical, Radio & Machine Workers of America, CIO, herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Reeves Sound Laboratories, Inc., New York City, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert A. Levett, Trial Examiner. Said hearing was held at -New York City, on January 9, 10, and 11, 1945. The Company and the Union appeared and participated? All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. Tlie 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 1. THE BUSINESS OF THE COMPANY Reeves Sound Laboratories, Inc., a New York corporation having several plants in New York City, is engaged in the manufacture of 1International Union , United Automobile, Aircraft and Agricultural Implement Workers of America, C. I. 0., was served with Notice of Hearing but did not appear; an official of Local 1225, United Electrical, Radio & Machine Workers of America, appeared to disclaim any interest in this proceeding. 60 N. L. R. B., No. 89. 463 464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD electronic equipment, principally quartz crystal oscillators. During the year 1944, the Company used in its manufacturing processes raw materials, chiefly raw quartz, valued in excess of $500,000, of which more than 90 percent was shipped to its plants from points outside the State of New York. During the same period, the Company pr9 duced finished products, quartz crystal oscillators, tools, dies,- and various machine parts, valued at more than $1,000,000, of which about 90 percent was shipped to points outside the State of New York. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II.,TIIE ORGANIZATION INVOLVED United Electrical, Radio &'Machine Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organiza- tion admitting to membership employees of the Company. III. TIIE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the Union as the bargaining representative of its production and maintenance employees until the Board has certified the Union in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial' number of employees in the unit hereinafter found appropriate.2 We find that a question affecting -commerce has arisen concern- ing the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties are in agreement as to the categories of employees to be included and -excluded from-the production and maintenance unit sought by the Union. The single cause of contention is the Company's claim that an appropriate unit should not be limited to employees of the Company, but should also include the employees of its sub- sidiary, Hudson American Corporation. Since the executives and boards of directors of both corporations are substantially the same, and there is some interrelation and in- tegration of their activities, a two-company unit might, under other circumstances, be appropriate. However, each corporation is a sepa- rate entity; each has separate executive offices, keeps separate books of account, and maintains separate personnel and pay-roll records. Where facilities 'are shared or as infrequently occurs, employees are 2 The Field Examiner reported that the Union submitted 381 application cards, that there are 675 employees in the unit petitioned for, and that all the cards except 27 which bore no date were dated in 1944. REEVES SOUND LABORATORIES, INC. 465 loaned on a temporary basis, there is a careful allocation of costs. Neither the employees nor the operations of the companies are co- mingled so as to raise any question of identification. Moreover, as recently as December 23, 1944, the Board found appropriate a unit of production and maintenance employees confined to employees of Hudson American,' and on January 19, 1945, following an election, certified International Union, United Automobile, Aircraft & Agri- cultural Implement Workers of America, CIO, herein called the Auto- mobile Workers, as the bargaining representative for the employees of that company. The Union has disclaimed any interest in the em- ployees of Hudson American, and the Automobile Workers has likewise indicated a lack of interest in the employees of the Company. In view of the foregoing, we are of the opinion that a unit limited to the employees of the Company is appropriate.4 We find that all production and maintenance employees of the Company, including lead hands, but excluding office and clerical em- ployees, infirmary employees, machine shop employees,5 telephone operators, engineers, militarized guards, temporary construction workers at the 91st plant, executives, foremen, assistant foremen, sub- foremen, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise 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 em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion herein, subject to the limitations and additions set forth in the Direction." 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 the National Labor Relations Board Rules and-Regulations-Series 3, as amended, it is hereby 3 Matter of Hudson American Corporation, 59 N L R. B 1225, in which proceeding, Hudson American made no claim that a single -company unit was inappropriate. A See Matter of The Airparts Company, 59 N. L R B 1341 The machine shop employees are presently represented by Local 1225, United Electrical, Radio & Machine Workers of America, CIO. I The Union's request that it appear on the ballot as "U. E -CIO, United Electrical, Radio & Machine Workers of America, CIO" is hereby granted. 628563-45-vol. 60-31 466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Reeves Sound Laboratories, Inc., New York City, an election by secret ballot shall he 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 Ar- ticle 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 the said pay-roll period because they were ill or on vacation or tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding any 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 or not they desire to be represented by U. E.- CIO, United Electrical, Radio & Machine Workers of America, CIO, for the purposes of collective bargaining.