Collins Radio Co.

In the Matter of COLLINS RADIO COMPANY and INTERNATIONAL BROTH- ERHOOD OF ELECTRICAL WORKERS, A. F. OF L. Case No. R-5571. -Decided July 14, 1943 Mr. C. J. Lynch,, Jr., of Cedar Rapids, Iowa, for the Company. Mr. M. F. Darling, of Cedar Rapids, Iowa, and Mr. J. Harris Igou, of Austin, Minn., for the I. B. E. W. Mr. Stewart Holmes, of Cedar Rapids, Iowa, for the R. U. Miss Alice F. Hamad, of Cedar Rapids, Iowa, for the C. R. U. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Brotherhood of Electrical Workers, A. F. of L., herein called the I. B. E. W., alleging than, a question affecting commerce had arisen concerning the representation of employees of Collins Radio Company, Cedar Rapids, Iowa, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Clyde F. Waers, Trial Examiner. Said hearing was held at Cedar Rapids, Iowa, on June 22, 1943. The Company, the I. B. E. W., Radio Union, herein called the R. U., and Collins Radio Union, herein called the C. R. U., appeared,' participated, were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the hearing, the R. U. made certain objections and an offer of proof in support thereof to the C. R. U. appearing upon the ballot in any election which the Board might direct. The Trial Examiner referred these objections to the Board. We deem these objections and offer of proof to be irrelevant, and accordingly, overrule them. 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. 1 United Electrical, Radio & Machine Workers of America, C. I. 0., although duly notified of this proceeding, made no appearance herein. 51 N. L. R. B., No. 71., 341 342 DECISIONS OF NA-TONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Collins Radio Company, an Iowa corporation with its office and place of business in Cedar Rapids, Iowa, is engaged in the design, manufacture, sale, and distribution of radio transmitting and receiv- ing equipment for military and civilian use. The company uses, in the course and conduct of its business, large quantities of raw mate- rials which consist of various metals in sheet, bar, casting or wire form and other miscellaneous parts and supplies. During the year ending April 1943, the value of such raw materials and supplies used by the Company was in excess of $5,000,000, of which approximately 98 percent was received from points outside the State of Iowa. During the said period, the total value of sales of finished products by the Company exceeded $5,000,000, of which approximately 98 percent was sold and shipped to purchasers and users located at points outside the State of Iowa. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Brotherhood of Electrical Workers is a labor organi. zation affiliated with the American Federation of Labor, admitting to membership employees of the Company. Radio Union and Collins Radio Union are unaffiliated labor organ- izations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about April 15, 1913, the I. B. E. W. orally requested recogni- tion from the Company as the exclusive bargaining representative of certain of its employees; this request was denied by the Company, pending certification by the Board. Statements of the Acting Regional Director and the Trial Examiner, introduced into evidence and read into the record at the hearing, indicate that the I. B. E. W. and the R. U. each represents a substantial number of employees in the unit hereinafter found appropriate. 2 2 The Acting Regional Director reported that the I. B. E. W. submitted 512 authorization cards containing apparently genuine original signatures, of which 460 contain the names of persons appearing upon the Company 's pay roll of June 10, 1943. This pay roll con- tained the names of 1997 persons in the appropriate unit. He further reported that the R. U. submitted 198 application cards containing apparently genuine original signatures; of which 176 contained the names of persons appearing upon the above-mentioned pay roll. The Trial Examiner read into the record a statement that the I. B. E. W. submitted 79 additional designation cards bearing apparently genuine original signatures, of which 77 COLLINS RADIO COMPANY 343 We find that a question affecting commerce has arisen concerning 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 All of the labor organizations herein agree, without objection by the Company, that, with respect to the appropriate unit, the follow- ing classifications of employees of the Company should be included : all production and maintenance employees, including line stockmen, tool crib attendants, test men, model shop employees and custodial employees. In the same manner the parties also agree upon the fol- lowing exclusions : all employees engaged as guards, matrons, labora- tory employees, engineers, and supervisory employees above the rank of production supervisors and assistant inspection supervisors. The parties disagree 'with regard to the following classifications : Office and clerical employees: The R. U. seeks to include these em- ployees in the same unit with the production and maintenance work- ers, whereas both the I. B. E. W. and the C. R. U. would exclude them. The Company takes no position with regard to these employees. These employees have traditionally been excluded from production and maintenance units, and in the absence of valid reasons disclosed by the record warranting their inclusion, we shall, in accordance with our usual procedure, exclude them.3 Produuction, clerks and production chasers: Both these classifications of employees work out of the office of the assistant to the superintend- ent. They do no production work, nor do they exercise any super- visory powers. Both classifications perform duties primarily cleri- cal in nature. Both classifications are hourly paid, with the exception of a few women production clerks who receive a monthly salary. The R. U. desires to include these employees within the unit, whereas the I. B. E. W. and the C. R. U. would exclude them. The Company takes no position with.regard to these=employees The record indicates that the R. U. had attempted, as of the date of the hearing, very little organization work among these employees. Furthermore, in a con- sent election agreement, executed prior to the instant proceeding, the parties thereto expressly agreed to exclude these employees 4 Where bore the names of persons appearing upon the Company's pay roll. He further stated that the R. U. submitted 346 additional designation cards bearing apparently genuine original signatures , of which 339 appear on the Company's pay roll , and that the C. R. U. submitted petitions containing 99 signatures which appear to be genuine and original , of which 97 appeared on the Company 's pay roll. 8 Matter of American Propeller Corporation, 43 N. L. R. B. 518. 4 This agreement was executed by the Company , the I. B. E. W., and United Electrical, Radio & Machine Workers of America , C. I. 0., which at that time claimed an interest in the employees of the Company . The C. R. U. and the R . U. were not parties to the agree- ment which excluded in addition to production clerks, office and clerical employees, engi- 344 DEMIONS OF NIATIONIAL LABOR RELAfFIONTl5 BOARD production clerks are under supervision of factory supervisors or work in close conjunction with production employees, we customarily include them in- a unit of production and maintenance employees. Here, however, the record shows that the clerks and chasers are con- cerned with production control, an administrative function, rather than production work proper, -and the duties are primarily clerical. For these reasons we shall exclude production clerks and chasers., Draftsmen: The R. U. seeks to include these employees within the unit; the I. B: E: W. and the C. R. U. would exclude them. As in all of the foregoing' classifications, the Company takes no position with regard to, their inclusion. - We note that this classification of employ- ees was expressly excluded from the unit established in the consent election agreement, and in the absence of any, valid reason disclosed by the record which would support the inclusion of these employees, and since their inclusion would be inappropriate in view of the tech- nical and professional capacity in which they are employed, we shall exclude them. Supervisors, production supervisor, and assistant inspection super- visors: These classifications, comprise the, lowest rank in the super- visory hierarchy of the Company. The I. B. E. W., without objection from either the R. U. or the C. R. U., seeks to include these employees within the bargaining unit, contending that they are working em- ployees with little or no authority over their fellow workers. The Company, although it regards most of these employees as possessing substantial supervisory authority, takes the position that it will abide by whatever disposition the, Board makes of this classification. The record-indicates that these employees spend approximately 50 percent of their time as supervisors, and the remainder performing manual work. They usually receive at least 5 cents per hour more than the highest paid skilled employee. They pass through a probationary period of not more than 60 days, in which they receive no increase in wages over that of the ordinary,employee, and do not rate the work performed by the workers nominally under their supervision. While these employees are responsible- to some degree for discipline, they appear to have little or no real 'authority other than to report, rule infractions to,their supervisors. - They check.and inspect the work of the employees assigned to them, act as instructors, perform paper work in their department, and transmit instructions to those below, them. They make their reports to the assistant foreman who is the next higher•person in the supervisory hierarchy, an admittedly supervisory employee. They may criticize the work of the employees whom they seers, draftsmen, guards,' matrons; laboratory employees, production supervisors, assistant inspection supervisors, and all other 'supervisory employees above the rank of production supervisors and assistant inspection supervisors. - 5 Matter of American Propeller Corp., supra. COLLINS RADIO COMPANY 345 supervise "only from a constructive point of view." As indicated here- inbefore, they also perform regular production work. As among themselves, there are various degrees of supervision exercised with no definite line of demarcation. Their range of authority extends from those employees in these classifications who rate the workers under them and have a distinct differential in pay to the probational super- visors who neither rate nor receive any pay differential. None of them an hire or discharge; some may make recommendations as to such matters as increases in wages and others cannot. In view of the diffi- culty of differentiating, on the basis of this record, between persons in these classifications who are distinctly supervisory' employees, and those who are not, we shall follow our customary formula and exclude all supervisory employees with authority to hire, promote, discharge, . discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. In view of the foregoing, we find that all production and mainte- narice employees of the Company, including line stockmen, tool crib attendants, test men, model shop employees, and custodial employees, but excluding production clerks and chasers, office and clerical em- ployees, guards, matrons, laboratory employees, engineers, draftsmen, 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 appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion 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 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 Collins Radio Company, Cedar Rapids, Iowa, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days 346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD from the date of this Direction, under the direction and supervision of the Regional Director for the Eighteenth 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 em- ployees 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 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 International Brotherhood of Electrical Workers, affiliated with the American Fed- eration of Labor, or by Radio Union, or by Collins Radio Union, for the purposes of collective bargaining, or by none of said organizations.