Belmont Radio Corp.

In the Matter of BELMONT RADIO CORPORATION , EMPLOYER and LOCAL 1031, INTERNATIONAL BRoTIntimOOD OF ELECTRICAL WoRKERs, AFL, PETITIONER In the Matter of BELMONT RADIO CORPORATION , EMPLOYER and DIE AND TOOL MAKERS LODGE No. 113, INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER Cases Nos. 13-RC-418 and 13-RC-463, respectively.Decided January 6,1949 DECISION ORDER AND DIRECTION OF ELECTION Upon separate petitions 1 duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed 2 After hearing, the petitioning union in Case No. 13-RC-463 requested the Board for leave to withdraw its petition. Since none of the other unions here involved has an interest in that proceeding, we shall grant the request and dismiss the petition in Case No. 13-RC-463. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. These cases were consolidated by order of the Board on November 16, 1948. s Local 1149 United Electrical Workers CIO , herein called the UE, contends that the hearing officer erred in refusing to allow the UE to intervene in this proceeding. The UE has not complied with the requirements of Section 9 (f), (g), and (h) of the Act, nor has it alleged or shown a current contractual interest in this matter . In view of these circumstances , we find the contention to be without merit. Matter of Remington Rand, Inc., 77 N. L. R. B. 200. *Houston, Reynolds , and Murdock. 81 N. L. R. B., No. 7. 23 24 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The following labor organizations claim to represent employees of the Employer : Local 1031, International Brotherhood of Electrical Workers, AFL, herein called the IBEW, and Belmont Independent Workers Association, herein called the Independent. 3. A question of representation exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 ( 6) and (7) of the Act. 4. The following employees of the Employer constitute a unit ap- propriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance em- ployees, excluding all carpenters, electricians, plumbers, engineers, draftsmen, laboratory employees, testing equipment employees, pro- fessional employees , powerhouse employees, truck drivers, office and clerical employees, guards, and supervisors .3 ORDER IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives filed by Die and Tool Makers Lodge No. 113, International Association of Machinists, be severed from this proceed- ing and that it be, and hereby is, dismissed. ° In its brief before the Board, the Independent contended that the hearing officer did not conform to the Board's requirements in the conduct of representation proceedings in that he conducted the hearing in an adversary manner rather than as an investigation, with the result that the record does not disclose the evidence required for a proper disposition of the issues raised with respect to the appropriate unit. We have examined the record in this case closely and find nothing adversarial in the character of the hearing The hearing officer did not, either through his rulings or general conduct, deny any party an opportunity to introduce evidence pertinent to all the issues herein. Furthermore. all the facts necessary for a determination by the Board of all the issues raised herein appear in the record. With respect to the question of the appropriate unit, the evidence dis- closes that there was no dispute between the parties on this issue. Early in the hearing, all parties agreed that the unit should be substantially similar to that which we have herein found to be appropriate. We note, however, that when the hearing was about to close, the Independent requested permission to adduce evidence with respect to the duties of various classifications of employees whom it had earlier agreed should be excluded from the unit. The hearing officer granted the request and the Independent thereupon interrogated several witnesses. When it completed its examination, the Independent stated that its unit allegation was the same as that previously agreed upon by all the parties except that it would include all assistants and helpers in the testing equipment, laboratory, and engineering departments. None of the parties opposed this request al- though evidence had been elicited to the effect that the Employer does not carry the requested classifications on its pay roll. In view of the foregoing and the entire record in the case, we find that the contention of the Independent is lacking in merit. Since the Employer neither employs nor expects to employ assistants and helpers in the testing equipment, laboratory, and engineering department, we have not included these classifications in our unit determination. Nor have we included temporary main- tenance employees although all the parties are agreed to their inclusion, since these employees are hired on a temporary basis for a particular assignment, at the conclusion of which their employment is terminated. BELMONT RADIO CORPORATION 25 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Re- lations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, 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, and also ex- cluding employees on strike who are not entitled to reinstatement, to determine whether they desire to be represented, for purposes of col- lective bargaining, by Local 1031, International Brotherhood of Elec- trical Workers, AFL, or by Belmont Independent Workers Associa- tion, or by neither.