Hytron Radio & Electronics Corp.

In the Matter of HYTRON RADIO S, ELECTRONICS CORPORATION, E,I- PLOYER and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS Or AMERICA, CIO, PETITIONER In the Matter of HYTRON RADIO & ELECTRONICS CORPORATION, EM- PLOYER and HYTRON EMPLOYEES' UNION OF MASSACHUSETTS, PETI- TIONER Cases Nos. 1-R- 967 and 1-R 3061, respectively.-Decided March 31, 19/,7 Mr. Richard E. Blake, of Salem, Mass., for the Employer. Mr. Donald Tormey, of Boston, Mass., for the CIO. Mr. Philip J. Durkin, of Salem, Mass., for the Independent. Mr. Warren M. Leland, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon separate petitions duly filed, a consolidated hearing in this case, was held at Newburyport, Massachusetts, on January 16 and 29, 1947, before Sam G. Zack, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Hytron Radio & Electronics Corporation, a Massachusetts corpora- tion, with its officers and principal place of business in Salem, Mas- sachusetts, owns and operates manufacturing plants in various locations in Massachusetts, and in Brooklyn, New York. We are concerned in this proceeding only with the Employer's plant at New- buryport, Massachusetts, where radio tubes and electronic equipment are manufactured. During the course of a 6-month period, the Em- ployer purchased raw materials for use at its Newburyport plant valued in excess of $200,000, more than 50 percent of which was received from 73 N. L. R. B., No. 12. 90 HYTRON RADIO & ELECTRONICS CORPORATION 91 points outside the Commonwealth of Massachusetts. During the same period the Employer manufactured finished products at this plant valued in excess of $50,000, more than 50 percent of which was shipped to points outside the Commonwealth. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED United Electrical, Radio and Machine Workers of America, herein called the CIO, is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. Hytron Employees' Union of Massachusetts, herein called the Independent, is an unaffiliated labor organization, claiming to repre- sent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize either of the Petitioners as the exclusive bargaining representative of employees of the Employer until certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IN'. THE APPROPRIATE UNIT The parties agree generally that the unit should comprise all pro- duction and maintenance employees at the Employer's Newburyport plant, including recorders, watchmen, inspectors, matrons, nurses, and part-time employees, excluding office and clerical employees and supervisors. However, contrary to the desires of the Employer and the Independent, the CIO would exclude monitors and instructors. Monitors: The Employer employs approximately 30 junior and senior monitors. These employees are ordinary production workers who have demonstrated sufficient competency to assist other employees on the production line. Their wage scale is generally higher than the other production workers. They lay out the work, insure that it pro- gresses according to production schedules, and give temporary relief to employees on the production lines. It is clear from the record that they do not possess supervisory authority within the usual meaning of our customary definition. Accordingly, we shall include them in the unit. Instructors: The Employer employs approximately 10 to 15 instruc- tors whose duties consist of teaching new employees machine opera- 92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions, and instructing old operators in new processes. They have no authority to admonish employees nor do they possess any other indicia of supervisory authority. Accordingly, we shall include them in the unit' We find that all production and maintenance employees at the Em- ployer's Newburyport plant, including recorders, watchmen, inspec- tors, matrons, nurses, part-time employees, monitors, and instructors, but excluding office and clerical employees, and all supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recom- mend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Net. DIRECTION OF ELECTION 2 As part of the investigation to ascertain representatives for the purposes of collective bargaining with Hytron Radio & Electronics Corporation, Newburyport, Massachusetts, 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 super- vision of the Regional Director for the First Region, acting in this natter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, 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 said pay-roll period because they were ill or on vacation or temporarily laid off, and in- cluding employees in the armed forces of the United States -,vlho pre- sent 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 United Electrical, Radio and Machine Workers of America, CIO, or by Hytron Employees' Union of Massachusetts, for the purposes of collective bargaining, or by neither. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election. 'In a previous proceeding monitors and instructors with duties similar to those con- cerned herein were included in it production and maintenance unit at the Employer's Sa- 1ein, Massachusetts, plant See Matter of Hytron Radio & Electronics Corporation, 55 N L R B 1077 3 Any participant in the election heiem may, upon its prompt request to and approval thereof by the Regional Director, have its name removed from the ballot.