Remington Rand, Inc.

In the Matter of REMINGTON RAND, INC., C DIVISION and DISTRICT 501 UNITED MINE WORKERS OF AMERICA Case No. R-5410. -Decided July 0, 1943 Bond, Schoeneck cf King, by Messrs. Lyle W. Hornbeck and Tracy H. Ferguson, of Syracuse, N. Y., for the Company. Messrs. Stanley Denlinger, of Akron, Ohio, Hugh Brown and An- drew Hiznay, both of Syracuse, N. Y., for District 50. Mr. Willard Bliss, of Syracuse, N. Y., for the U. E. Mr. Stephen Estey, of Syracuse, N. Y., for the I. A. M. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by District 50, United Mine Workers of America, herein called District 50, alleging that a question affecting commerce had arisen concerning the representation of employees of Remington Rand, Inc., C Division, -Syracuse, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Peter J. Crotty, Trial Examiner. Said hearing was held at Syracuse, New York, on May 19, 1943. The Company, District 50, United Electrical, Radio &,Ma- chine Workers of America, C. I. 0., herein called the U. E., and Inter- national Association of Machinists, A. F. of L.,' herein called the I. A. M., appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues.2 The I. A. M. moved to dismiss the petition herein on the ground that the Company has failed to comply ' The Board takes judicial notice of the fact that the I A. M has severed its affiliation with the American Federation of Labor since the date of the hearing herein. 2 The Company made a motion to correct certain errors in the transcript which was agreed to by all parties herein except the I . A. M.; however , the I . A. M. raised no objection thereto. The motion is hereby granted and it is ordered that the corrections contained in the motion be, and the same hereby are, made. 51 N. L R. B., No. 4. 16 RIWINGTON RAND, INC. 17 with a previous order of the Board in another proceeding .3 The Trial Examiner referred this motion to the Board. For reasons ap- pearing in Section V, infra, this motion is denied. The Trial Exam- iner'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 : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Remington Rand, Inc., C Division, a Delaware corporation author- ized to do business in the State of New York, is engaged at its plant located at Syracuse, New York, herein called the Syracuse plant, in the manufacture of war materials. Between April 1942 and April 1943, the Company used at its Syracuse plant raw materials valued at approximately $3,000,000, of which 80 percent represents shipments made to the Company from points outside the State of New York. During the same period the Company produced at its Syracuse plant ,finished products valued at approximately $2,000,000, of which ap- proximately 90 percent represents shipments made 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. THE ORGANIZATIONS INVOLVED District 50, United Mine Workers of America, is a labor organiza- tion admitting to membership employees of the Company. International Association of Machinists is a labor organization admitting to membership employees of the Company. United Electrical, Radio R Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION ' On or about April 2, 1943, District 50 requested recognition as the exclusive bargaining representative of employees of the Company. The Company refused on the ground that there were competing unions involved, and that there had been prior proceedings before the Board. It took the position that the question of the bargaining representative of its employees would have to be determined by the Board. 8 Matter of Remington Rand, Inc , 2 N. L. R. B. 626. 18 DECISION'S OF ,NATIONAL LABOR RELATIONS BOARD A statement of the Field Examiner, introduced into evidence at the hearing, indicates that District 50 represents a substantial number of employees in the unit hereinafter found appropriate.4 We find that a question affecting commerce has arisen concern- ing the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The labor organizations agreed, without objection by the Com- pany, that all production and maintenance employees of the Com- pany at its Syracuse plant, including tool crib attendants, inspectors, stationary engineers, and employees of the packing and shipping departments, should be included within the unit, and that timekeep- ers, office and clerical, employees (including outside expediters), plant guards, executives, foremen, supervisors, employees of the drafting and engineering departments, and nurses should be excluded. In addition to the above, the U. E. desires to include employees engaged as inside expediters, weigh clerks and despatcher clerks, whereas District 50 would exclude them. The I. A. M. and the Com- pany make no objection to the inclusion of these employees. The inside expediters are employees who perform functions simi- lar to those performed by stock chasers. They are in the production control department and are assigned to various products of the Company. Their functions consist of expediting all operations which concern the progress of the products to which they are as- signed. In the event of a break-clown due to lack of materials or damage to a machine, the inside expediters take the necessary steps to rectify the condition and permit operations to continue. We are of the opinion that the duties of the inside expediters are closely inter- related to those of the production and maintenance employees, and shall include them within the unit hereinafter found appropriate. The weigh clerks and despatcher clerks are intimately related to the production process of the Company. The weigh clerks, who are attached to the production control department, check the count of 4 The Field Examiner reported that District 50 submitted 1081 designation cards bearing apparently genuine original signatures ; that 673 of these cards bore the names of persons appearing upon the Company 's pay i oil of April 25, 1943 ; and that said pay roll con- tanned 2151 employees in the appropriate unit He further reported that the U E submitted 155 designation cards containing apparently genuine original signatures , that 140 of these cards bore} the names of persons appearing upon the above-mentioned pay roll. Said pay roll contains the names of 2540 in the unit claimed appropriate by the U E The I A. iii reli es upon the order of the Board in Matter of Remington Rand, Inc., 2 N L. R B 626, as establishing its interest . It submitted no evidence of representation to the Field Examiner. I ' RE'MINIGTON RAND' INC. 19 the pieces completed by operators, enter it upon their time sheets, and clear the records at the production office of the department. The despatcher clerks, although their work takes place primarily in the production office, check upon the proper sequence of jobs and upon the correctness of all records concerned therewith. They are also responsible for the in and out movement of orders and materials. The work of both classifications is closely aligned to that of the production employees and is an integral part of the production process. We are of the opinion that their work and interests are closely identified with that of production employees, and shall, there- fore, include them in the unit.' In accordance with the above, we find all production and main- tenance employees of the Company at its Syracuse plant, including tool crib attendants, inspectors, stationary engineers, employees of the packing and shipping departments, inside expediters, weigh clerks and despatcher clerks, but excluding timekeepers, office and clerical employees (including outside expediters), plant guards, em- ployees of all drafting and engineering departments, and nurses, and all supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit ap- propriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The I. A. M. contended in its motion to dismiss, that no elec- tion should be directed at this time inasmuch as there are now pend- ing contempt proceedings against the Company for failure to com- ply with an order of the Court modifying and enforcing the Board's decision in the complaint charge hereinbefore referred to. However, the Board has approved a stipulation in settlement of the contempt proceeding, effective May 15, 1943, and an order has been entered by the Court on May 20, 1943, pursuant to the settlement. We per- ceive no reason for not conducting an immediate election; the It. A. M.'s motion is therefore denied. We shall direct that the question concerning representation which has arisen-be resolved by an election by secret ballot among the employees 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. We shall ac- cord the I. A. M. a place on the ballot, in view of its interest as established in the prior proceedings. Matter of Auburn Spark Plug Co., Inc, 50 N. L R. B. 511 540612-44-vol 51-3 20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Remington Rand, Inc., C Division, Syracuse, New York, 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 Third Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 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 excluding those employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Dis- trict 50, United Mine Workers of America, by International Asso- ciation of Machinists, or by United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Or- ganizations, for the purposes of collective bargaining, or by none of said organizations.