General Electric Co.

In the Matter of GENERAL ELECTRIC COMPANY and UNITED ELECTRI- CAL, RADIO & MACHINE WORKERS OF AMERICA Case No. B-54107.-Decided July 5, 1943 Mr. George H. Pfeil, of Schenectady, N. Y., and Mr. I. H. Free- man, of Fort Wayne, Ind., for the Company. Mr. David Scribner, of New York City, and Messrs. Samuel C. McAfee and Fred Gardner, of Fort Wayne, Ind., for the United. Mr. A. P. Nobozny, of Lorain, Ohio and Mr. Frank D. Morgan, of Fort Wayne, Ind., for the I. A. M. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION DIRECTION OF ELECTIONS AND ORDER STATEMENT OF THE CASE Upon petition duly filed by United Electrical, Radio & Machine Workers of America, herein called the United, alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of General Electric Company, Fort Wayne, Indiana, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Russell Packard, Trial Examiner. Said hearing was held at Fort Wayne, Indiana, on May 20 and 21, 1943. The Company, the United, and International Association of Machinists, 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 evi- dence bearing on the issues. The motions of the Company and the I. A. M. to dismiss the petition are hereby denied for reasons here- inafter stated. 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 : ' Subsequent to the hearing the parties filed a stipulation providing for the correction of certain errors in the transcript of testimony. The record has accordingly been corrected in accordance with the terms, of the stipulation. 51 N L R. B., No. 21. 540612-44-7 83 84 DECISIONS OF NA'NONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY General Electric Company, a New York corporation, is engaged in the manufacture of a large variety of electrical devices and equip- ment. The Company operates manufacturing plants in several States and maintains its principal office in Schenectady, New York. The present proceeding is concerned only with the employees of the Company's three plants at Fort Wayne, Indiana. Two of the plants known as the Broadway and Winter Street plants, respectively, are situated approximately 2 miles apart, and are engaged in the manufacture of miscellaneous electrical apparatus.2 The third plant, known as the Taylor Street plant, is slightly less than a mile from the Broadway plant, is engaged solely in the manufacture of turbo- superchargers, a war product which the Company manufactures for the United States Government at its Taylor Street plant only, and is operated under a lease from a Government agency known as Defense Plant Corporation. During the calendar year 1939, the Company received for use at its Taylor Street plant raw materials of a value in excess of $1,000,000, all of which were obtained from sources outside the State of Indiana. During the same period, shipments of finished products from the Taylor Street plant to points outside the State of Indiana also exceeded $1,000,000 in value. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED United Electrical, Radio & Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. International Association of Machinists is a labor organization admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION On or about December 1942, the United requested and was refused recognition from the Company as exclusive bargaining representative for all employees at the Taylor Street plant. Prior thereto, the Board had certified the I. A. M. as the representative of craft tool employees at the Broadway and Winter Street plants, and had cer- tified the United as the representative of general hourly production 2 For further details of the business conducted by the Company at its Broadway and Winter Street plants, see the Board 's prior decision relating thereto (Matter of General Electric Company, 20 N. L. R. B. 1030). GENERAL ELECTRIC COMPANY 85 employees employed at these two plants.' The two groups are herein, referred to as groups A and B, respectively. At that time the Broad- way and Winter Street plants constituted the only plants of the Com- pany at Fort Wayne. Thereafter, both the United and the I. A. M. entered into collective bargaining agreements with the Company cov- ering the respective groups of employees for whom each union had been certified as bargaining representative. The I. A. M. contends that its contract on behalf of the craft employees in group A is a bar to the present proceeding. The con- tract is dated September 9, 1940, and by its terms covers only those hourly rated employees designated as group A in the prior decision and certification of the Board. The contract is also of indefinite duration, subject to termination upon 90 days' notice. Since the contract is limited to employees covered by the Board's prior decision and certification which extended only to the -Broadway and Winter Street plants, the contract is clearly not applicable to a proceeding affecting the employees of the Taylor Street plant. Moreover, since it appears not only that the contract has been in effect without modi- fication for more than 21/, years but also that it may be terminated upon notice and was executed at a time when there were no employees at the Taylor Street plant, we find that the contract is not a bar to the present proceeding.- A statement of a Field Examiner of the Board, introduced in evi- dence at the hearing, indicates that the United and the T. A. M. each represents a substantial number of employees in the unit claimed by each to be appropriate.5 We find that questions affecting commerce have arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. See 27 N. L. R. B. 1082 See Matter of Chaie B, ass C Copper Co , Inc, 47 N . L R B 298 , Matter of J A. Zurn Manufacturing Co., West 16th, Street Dtvasion, Erie, Pennsylvania, 48 N. L. R. B 100. 5 The Field Examiner reported that the United had submitted 1528 authorization cards from a total of 1545 authorization and withdrawal cards dated between February 1942 and March 1943 with 41 undated ; that of the 1528 cards , 1238 bore the names of persons whose names are on the Company's Taylor Street plant pay ioll of March 6, 1943, containing the names of 2475 employees within the claimed appropriate unit . The Field Examiner stated that of the 1238 cards , 111 bore the names of persons appearing in group A, comprising 323 employees, and 1127 bore the names of persons appearing in group B covering 2152 em- ployees, coresponding to the groups similarly described in the Board 's prior certification of representatives covering the Broadway and Winter Street plants (27 N. L. R . B 1082) The Field Examiner further reported that the I. A. M. had submitted 207 cards dated in January and February 1943 with 1 undated in support of its representation claims at the Taylor Street plant, and 447 cards in support of its representation claims at the Broadway plant; that of the 207 cards , 172 bore the names of employees listed in gi oup A on the said pay roll of the Company and 5 bore the names of employees listed in group B, the latter employees being designated on the pay roll as "Factory Training School" ; and that the signatures of 48 employees appearing on cards submitted by the United also appeared on cards rubn'tterl by the I. A M 86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIV. THE APPROPRIATE UNITS; THE DETERMINATION OF REPRESENTATIVES The United contends that the appropriate unit should be confined to the Taylor Street plant and should consist of all production and maintenance employees including maintenance machinists, experi- mental men, tool makers, tool repairmen, die makers, die repairmen, mold makers, mold repairmen and machinists' apprentices, engaged in the production and repair of mechanical devices, and excluding executive and supervisory employees, office and clerical employees, timekeepers and guards. The United further contends that there should be a separate unit of guards other than supervisory employees at the Taylor Street plant. The Company maintains that any unit of guards should include not' only the guards at Taylor Street but also those at the Broadway and Winter Street plants. The I. A. M. and the Company urge the establishment of a multiple plant unit carrying over to the Taylor Street plant the group classi- fications established by the Board for the two original Fort Wayne plants. Both the Company and the I. A. M. moved at the hearing that the petition be dismissed upon the ground that the unit proposed by the United was inappropriate. In the event that its motion to dismiss is denied, the I. A. M. requests an election among the craft employees at the Taylor Street plant within the categories included in group A established for the Broadway and Winter Street plants to permit them to determine whether they desire to constitute a separate unit. This course is also acceptable to the United in the event its broader unit is not found appropriate. The Company takes no secondary position with respect to the unit in the event that its motion is denied. With respect to the issue as to whether the appropriate unit shall cover one or more of the plants of the Company at Fort Wayne, it is clear that while upon the opening of the Taylor Street plant a num- ber of craft employees were transferred from the Broadway and Win- ter Street plants to serve as a nucleus for the subsequent plant organ- ization, the balance of the employees at the Taylor Street plant have been recruited largely from the outside and have been thereafter train- ed at the Taylor Street plant fou the performance of the work required in connection with the manufacture of the particular product for which the Taylor Street plant was specifically designed. As a result, it appears that less than one-third of the craft tool and machine em- ployees at Taylor Street are similar in training and experience to those in group A at the Broadway and Winter Street plants. More- over, though the Company has-established a common general supervi- sion for all three of its plants in Fort Wayne, the record discloses that the Taylor Street plant is substantially self-contained and function- GENERAL ELECTRIC COMPANY 87 ally independent of the other two plants. It has a separate super- intendent and there is little if any interchange of employees be- tween plants. Under these circumstances and upon the entire record, we are of the opinion and find that the employees of A he Taylor Street plant may function effectively as a separate unit for the pur- poses of collective bargaining.6 Since, however, it appears that a craft labor organization is seeking to represent the craft tool and machine employees at the Taylor Street plant and in view' of the his- tory of collective bargaining upon a craft basis for the adjacent plants at Winter Street and Broadway, which bargaining has been extended on a like basis to the Taylor Street plant, we are of the opinion that the considerations are sufficiently balanced to make the desires of the craft tool and machine maintenance employees themselves a factor in our determination of the type of unit through which they shall bar- gain? We shall therefore make no present determination of the ap- propriate unit but shall reserve such finding pending the result of the separate elections which we shall hereinafter direct. There remains for consideration the question of a separate unit of guards excluding supervisory employees. Though it appears that by reason of similarity of wages and working conditions together with common immediate supervision among the guards at Taylor Street and those at Winter Street and Broadway a unit composed of guards 8 employed at the three Fort Wayne plants of the Company might not under other circumstances be inappropriate, there is nothing in the record to indicate that any attempt has been made to organize the guards at either the Broadway or the Winter Street plants. Under the circumstances, we find that the United's request for a separate unit of guards is at the present time premature. We shall accordingly make no determination with respect to a unit of guards pending such time as there shall be brought, to our attention further evidence as to the extent of organization among the guards at the Fort-Wayne plants of the Company. The petition for investigation and certification of representatives insofar as it relates to guards will, therefore, be dismissed. We shall direct that the questions concerning representation which have arisen be resolved by separate elections by secret ballot among See Matter of Chase Brass & Copper Co , 47 N L R. B. 298; Matter of J. A Zurn Manufacturing Company, West 16th St, eet Division, Bite, Penn,cyltiania, 48 N L It B 100 The Board has in several prioi decisions involving otlu r plants of the Company in the vicinity of Fort Wayne found a single plant to constitute an appropriate unit See Matter of General Electric Company, Kokomo plant of the Fort Wayne Works, 48 N L R B. 1395. See also Matter of General Electric Company (Decata, plant of the Fort Wayne Works, 11-R-507 )-Regional Director's certification issued Dec 27, 1941, as result of con- sent election). See Matter of The Goodyear Aircraft Corp., 45 N. L. R B 298 ePatrol women aie not guards ; their work is of a maintenance character and, pursuant to the agreement of the Company and the United, they are included in the production and maintenance unit. 88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the craft employees hereinafter referred to and the remaining pro- duction and maintenance employees respectively, who were employed at the Taylor Street plant of the Company during the pay-roll period immediately preceding the date of our Direction of Elections, subject to the limitations and additions set forth therein, to determine in the one instance whether they desire to be represented by the I. A. M. or the United or by neither organization, and in the 'other to determine whether or'not they desire to be represented by the United for the pur- poses of collective bargaining. Upon the results of these elections will depend in part our deter- mination of the appropriate, unit or units. If a majority of the craft employees select the I. A. M. as their representative, they will consti- tute a separate unit. If a majority of both groups choose the United, the groups will together constitute a single unit. The United requests that it appear on the ballots as "United Elec- trical, Radio & Machine Workers of America, C. I. 0." The I. A. M. requests that it appear on the ballot as "International Association of Machinists, Lodge No. 70." The requests are hereby granted. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National La- bor 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 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with General Electric Company, Fort Wayne, Indiana, elections by secret ballot shall be 'conducted as soon 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, Section 10, of said Rules and Regulations among the following groups of employees who were employed at the Taylor Street plant 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 employees who have since quit or been discharged for cause : (a) The maintenance machinists, experimental men, tool makers, tool repairmen, die makers, die repairmen, mold makers, mold repair- men, and machinists' apprentices who are engaged in the production or repair of machinery or mechanical devices, excluding supervisory and office employees not engaged in the production work, to determine GENERAL ELECTRIC COMPANY 89 whether they desire to be represented by International Association of Machinists, Lodge No. 70, or by United Radio and Electrical Machine Workers of America, C. I. 0., for the purposes of collective bargain- ing, or by neither; (b) The production and maintenance employees, other than those mentioned in paragraph (a) above, excluding executive and super- visory employees, office and clerical employees, timekeepers and guards (other than patrol women), to determine whether or not they desire to be represented by United Electrical, Radio & Machine Workers of America, C. I. 0., for the purposes of collective bargaining. ORDER IT IS HEREBY ORDERED that the petition be, and it hereby is, dismissed, insofar as it alleges that a question affecting commerce has arisen concerning the representation of guards employed by General Elec- tric Company, Fort Wayne, Indiana.