Condenser Corp. of America

In the Matter Of CONDENSER CORPORATION OF AMERICA and UNITED ELECTRICAL & RADIO WORKERS OF AMERICA In the Mattel Of CORNELL-DUBILIER ELECTRIC CORPORATION and UNITED ELECTRICAL,& RADIO WORKERS OF AMERICA Cases Nos. R-399 and R-324, respectively SUPPLEMENTAL DECISION AND DIRECTION OF ELECTION July 9, 1942 On March 29, 1940,-the National Labor Relations Board issued a Decision, Order, and Direction of Election in the above-entitled pro- ceeding 1 In its Decision, the Board found that Condenser Coipora- tion of America and Cornell-Dubilier Electric Corporation, herein collectively called the Company, had violated Sections 8 (1), (2), and (3) of the National Labor Relations Act, and directed that an elec- tion be held "after a period shall have elapsed sufficient to permit the respondent's employees to consider and deterinme_free from any and all employer compulsion, restraint and interference, which of the two labor oiganizations, if either, they wish to have represent them for collective bargaining purposes" Following enforcement of the Board's Order by the Circuit Court of Appeals for the Third Circuit ,2 the Board instituted an investigation in the course of which further hearings were held, pursuant to notice, at New Brunswick, New Jersey, on May 20 and 21, 1942, before Frank A Mouritsen, Trial Examiner, and before the Board in Washington, D C, on June 2, 1942. The Company, United Electrical & Radio Workei s of America, and International Brotherhood of Electrical Workers were repre- sented and participated in said hearings The United contends that no election in this proceeding should be held at this time because the effects of unfair labor practices committed by the Company have not yet been dissipated. We have 122 N L R B 347 - 2 See Nat-tonal Labor Relations Board V Condenser Corp , March 25, 1942 (C C A 3), 10 L R R 217. 42 N L R B, No 56 251 252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD carefully considered this contention and all the circumstances involved and we are of the opinion and find that an election free from all employer compulsions, restraints and interference can be held at this time At the further hearing the Company contended that checkers should be excluded from the unit , and the Bi otherhood contended the super- visors, shipping and receiving employees , watchmen, and maintenance employees should be included in the unit . All these classes of em- ployees, other than the checkeis who were included, were excluded from the unit found appropriate by the Board in its Decision of March 29, 1940 All parties agreed that the duties performed by these classes of employees at this time are the same as those performed by them at the time of the Boat cl's Decision Unclei these circumstances, we hold that the unit originally found by us is appropriate at this time for the purposes of collective bargaining The Brotherhood requests that the pay roll of March 25, 1942, be used to deteimine eligibility to vote in the event that the Board directs an election The Company and the United urge that a current pay roll be used for that purpose. In accordance with our usual custom, we find that the employees of the Company eligible to vote in the election shall be those within the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject ' to the additions and limitations set forth in our 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 puisuant to Article III, Section 8, 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 puiposes of collective bargaining with Condenser Corporation of America find Cornell-Dubilier Electiic Corporation, South Plainfield, New Jersey, an election by secret ballot shall be conducted as early as possible, but not later than thnity (30) days from the date of this Direction, under the dnection and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Relations Boaid, and subject to Arti- cle III, Section 9 , of said Rules and Regulations , among the em- ployees in the unit found appropriate in our Decision of March 29, 1940, who were employed during the pay-roll pei iod immediately preceding the date of this Direction, including employes who did not work during such pay-roll period because they were ill CONDENSER CORPORATION OF AMERICA 253 or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Electrical & Radio Workers of America, affiliated with the Congress of Industrial Organizations, or by International Brotherhood of Electrical Workers, Local B-1041, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither