Dictaphone Corp.

In the Matter of DICTAPHONE CORP. and LOCAL 1237, UNITED ELEC- TRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O. Case No. R-1431.Decided August 23, 1939 Dictating Machine and Accessories Manufacturing Industry-Investigation of Representatives : controversy concerning representation of employees: em- ployer refused to recognize union without certification by the Board-Unit Ap- propriate for Collective Bargaining : all employees in the service and repair department of branch office, exclusive of the manager , assistant manager, and telephone operator ; stipulation as to-Election Ordered Mrs. Hilda Shea, for the Board. Breed, Abbott and Morgan, by Mr. Thomas E. Kerwin, of New York City, for the Company. Mr. Sidney Gilbert, of New York City, for the United. Mr. Emanuel Butter, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 22, 1939, Local 1237, United Electrical, Radio & Machine Workers of America, C. I. 0., herein called the United, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Dictaphone Corporation,' New York City, herein called the Company, and requesting an in- vestigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 22, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. I Incorrectly designated in the petition as Dictaphone Corp. 14 N. L. R. B., No. 74. 937 938 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On June 29, 1939, the Regional Director issued a notice of hear- ing, and on July 1, 1939 , a notice of a change in the place of hear- ing, copies of which were duly served upon the Company, upon the United, and upon the International Association of Machinists, Dist. No. 15, A. F. of L., herein called the I. A. M., a labor organization claiming to represent employees directly affected by the investiga- tion. Pursuant to the notices, a hearing was held on July 10, 1939,. at New York City, before Mapes Davidson, the Trial Examiner duly designated by the Board. The I. A. M. did not appear at the hearing or participate therein. The Board and the Company were represented by counsel , the United by its business agent. All partici- pated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties . During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were com- mitted. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Dictaphone Corporation is a New . York corporation with its prin- cipal office in New York City, and its principal factory in Bridge- port, Connecticut . It is engaged in the manufacture , service, sale, and distribution of Dictaphone dictating machines and accessories. The principal raw materials purchased by the Company for its Bridgeport plant are steel, castings, stearic acid , and shipping car- tons. In 1938, the value of the raw materials purchased by the Com- pany and shipped to it from points outside the State of Connecticut for use in its Bridgeport plant was in excess of $100,000. The volume of such purchases and shipments constituted approximately 60 per cent of the volume of all the Company 's purchases and ship- ments of raw materials during that period . The value of the Com- pany's sales and shipments of finished products from its Bridgeport plant to points outside the State of Connecticut in 1938 was in excess of $150,000. The volume of such sales and shipments constituted approximately 98 per cent of the total volume of the Company's sales of the products of the Bridgeport plant for the same period. The Company maintains 83 branch sales offices throughout the United States. The employees of the service and repair department of the New York sales and service branch of the Company , herein called. the New York branch, are the only employees involved herein. DICTAPHONE CORPORATION 939 The New York branch secures all its machines from the Bridgeport plant and distributes, sells, and services them in New York State. The employees of the service and repair department of the New York branch, pursuant to the Company's sales contracts, install, service, and repair machines sold in New York State by the Company. II. THE ORGANIZATION INVOLVED Local 1237, United Electrical, Radio & Machine Workers of America, C. I. 0., is a labor organization affiliated with the Con- gress of Industrial Organizations, admitting to its membership the employees of the service and repair department of the New York branch excluding supervisory employees and clerical and office employees. III. THE QUESTION CONCERNING REPRESENTATION On April 15, 1939, the United, claiming to represent a majority of the service and repair department employees, requested of the Com- pany, a conference to discuss wages, hours, and working conditions. The Company indicated, however, that it would refuse to recognize the United as the exclusive representative of the employees within an appropriate unit in the absence of certification by the Board and, at the hearing, the Company admitted having so refused. We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce. among the several States, and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing, it was stipulated by all parties that the employees in the service and repair department of the New York branch, ex- clusive of the manager, assistant manager, and telephone operator, constitute a unit appropriate for the purposes of collective bargain- ing. We see no reason to modify the unit agreed upon by the parties. We find that the service and repair department employees of the Company at the New York branch, excluding the manager, assistant 940 DECISIONS OF NATIONAL LABOR RELATIONS BOARD manager, and telephone operator, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES At the hearing it was stipulated that there are 39 employees in the appropriate unit. The United claims that it represents a majority of these employees, and at the hearing it introduced documentary evidence tending to support its claim. It appears that most of those who are now members of the United were at one time members of the I. A. M. Under the circumstances, we find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. At the hearing it was stipulated by all parties that, in such an election, those employees within the appropriate unit whose names appear upon the Company's pay roll of July 7, 1939, shall be eligible to vote. However, no reason appears for not determining eligibility as of a more current date. We shall, therefore, direct that the em- ployees of the Company eligible to vote in the election shall be those in the appropriate unit who were on the Company's pay roll immediately preceding the date of our Direction of Election herein, including employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding the manager, assistant manager, telephone operator, and those who have since quit or been discharged for cause. Upon the basis of the, above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Dictaphone Corporation, New York City, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All employees of the Company in the service and repair de- partment of the New York branch excluding the manager, assistant manager, and telephone operator, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. DICTAPHONE CORPORATION DIRECTION OF ELECTION 941 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 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain the representatives for purposes of collective bargain- ing with Dictaphone Corporation, New York City, an election by secret ballot shall be conducted within ten (10) days from the date of this Direction under the direction and supervision of/the Regional Director for the Second Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of. said Rules and Regulations, among the employees of Dictaphone Corporation in the service and repair department of its New York sales and service branch whose names appear on its pay roll immediately preceding this Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding the manager, assistant manager, and telephone operator, and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local 1237, United Electrical, Radio & Machine Workers of America, C. I. 0., for the purposes of collective bargaining. MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Direction of Election.