DX Radio Products Co.

In the Matter of DX RADIO PRODUCTS COMPANY, AND CHICAGO AVI- ATION SCREW MANUFACTURERS, INC.' and INTERNATIONAL BROTHER- HOOD OF ELECTRICAL WORKERS, A. F. OF L., LOCAL 1031 In the Matter of DX RADIO PRODUCTS COMPANY, AND CHICAGO AVI- ATION SCREW MANUFACTURERS, INC. and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, DISTRICT NO. 11, C. I. O. Cases Nos. 13-R-,3577 and 13-R-3582, respectively.-Decided July 1,1946 flab an ct Kurland, by Mr. Samuel S. Kurland, of Chicago, Ill., for the Company. Mr. Kay J. Zacharski, of Chicago, Ill., for the IBEW. Miss Florence L. Atkinson, of Chicago, Ill., for the UE. Mr. Martin E. Rendelinan, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon separate petitions duly filed by International Brotherhood of Electrical Workers, Local 1031, A. F. of L., herein called the IBEW, and United Electrical, Radio and Machine Workers of America, District No. 11, CIO, herein called the UE, each alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of DX Radio Products Company, and Chicago Aviation Screw Manufacturers, Inc., both of Chicago, Illinois, herein called the Companies, the National Labor Relations Board provided for an appropriate consolidated hearing upon due notice before Herman J. DeKoven, Trial Examiner. The hearing was held at Chicago, Illinois, on May 14, 1946. The Companies, the IBEW, and the UE 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. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: ' Name as amended at the hearing. 69 N L it B, No. 25. 239 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANIES DX Radio Products Company is an Illinois corporation having its principal office and three plants in Chicago , Illinois, where it is engaged in manufacturing and assembling radio coils , transmitting crystals and electronic equipment. In its operations from March 1, 1946, to the date of the hearing , raw materials valued in excess of $100,000 were used, of which more than 30 percent was shipped to its plants from points outside the State of Illinois. During the same period finished products valued in excess of $150,000 were sold , of which more than 30 percent was shipped to points outside the State of Illinois. Chicago Aviation Screw Manufacturers , Inc., is an Illinois Corpo- ration having its principal office and place of business in Chicago, Illinois, where it is engaged in manufacturing automatic screw machine parts. In its operations from March 1, 1946, to the date of the hear- ing, raw materials valued in excess of $28,000 were used , of which more than 25 percent was shipped to its plant from points outside the State of Illinois . During the same period finished products valued in excess of $46,000 were sold, of which more than 25 percent was shipped to points outside the State of Illinois. The Companies have common stockholders , officers and directors, a single paymaster, and one accounting department . Frequently one company manufactures products used by the other. The Companies admit that they are engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED International Brotherhood of Electrical Workers, Local 1031, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. United Electrical, Radio and Machine Workers of America, District No. 11, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Companies have refused to grant recognition to the IBEW or the UE as the exclusive bargaining representative of their employees until either union has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Companies, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. DX RADIO PRODUCTS COMPANY IV. THE APPROPRIATE UNIT 241 The parties agree that all production and maintenance employees at all the plants of the Companies, including a supervisor named Wilbur McFarland, watchmen,2 and laboratory employees, but excluding the chief engineer, the superintendents, foremen, the chief machinist, and all other supervisory employees, constitute an appropriate unit. The Companies and the IBEW seek to include in the unit six foreladies 3 and two supervisors '4 but the UE objects on the ground that they are supervisory employees. There is substantial uncontroverted evidence to the effect that the six foreladies have no authority to hire, discharge, discipline, promote or transfer other employees, or effectively recommend such action. Their doubtful status arises from the fact that they are nominally in charge of their respective departments, act as intermediaries be- tween the other employees in their respective groups and the fore- man or factory superintendent, and spend a part of their time in the instruction of newly hired help. Approximately 40 percent of their time is spent in the performance of the same duties as the other em- ployees and 60 percent in the training of new employees. The two supervisors, who work on the assembly line, spend 80 percent of their time in production and 20 percent in instruction, their status being substantially the same as the six foreladies. It is clear that the foreladies and supervisors are not vested with sufficient indfcia of supervisory authority to warrant the conclusion that they fall within our usual definition of supervisory employees. We shall, therefore, include them in the unit hereinafter found ap- propriate. We find that all production and maintenance employees at all the plants of the two Companies, including watchmen, laboratory em- ployees, foreladies and supervisors, but excluding the chief engineer, the superintendents, foremen, the chief machinist, and all other super- visory employees with authority to hire, promote, discharge, dis- cipline, 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. TIIE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees 2 The watchmen are not armed , uniformed , militarized nor deputized 3 Grace Hulderson , Sally Kolton , Cecilia Klein , Stephanie Kapustka, June Ciehy, and Lottie Duda. 4 Stanley Patla and Walter Laskowski. , 701592-47--vol 69-17 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in 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 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 National Labor Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with DX Radio Prod- ucts Company, and Chicago Aviation Screw Manufacturers, Inc., both of Chicago, Illinois, 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and It, of said Rules and Regulations, among employees in the unit found appropriate in Section IV, above, who were em- ployed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, 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, to determine whether they desire to be represented by International Brotherhood of Electrical Workers, Local 1031, A. F. of L., or by United Electrical, Radio and Machine Workers of America, District No. 11, C. I. 0., for the purposes of collective bargaining, or by neither.