R. C. A. Manufacturing Co., Inc.

In the Matter of R. C. A. MANUFACTURING COMPANY, INC. and UNITED ELECTRICAL, RADIO, AND MACHINE WORKERS OF AMERICA, LOCAL 103 Case No. B-1753.-Decided March 26, 1940 Radio and Sound P?oducts Manufacturing Industry-Investidatton of Repre- sentatives : stipulations between Company, petitioning union, and representative of Board as to business of the Company, question concerning representation, and appropriate unit; stipulation between Company and petitioning union as to determination of representatives-Certification of Representatives: upon proof of majority representation. Mr. Samuel G. Zack, attorney for the Board. Mr. Lawrence B. Morris, of Camden, N. J., for the Company. Mr. -Joseph G. Mitton, of Camden, N. J., and Mr. Saul C. Wald- baum, of Philadelphia, Pa., for the Union. Mr. Bernard W. Freund, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On February 26, 1940, United Electrical, Radio, and Machine Workers of America, Local 103, herein called the Union, filed with the Regional Director for the Fourth Region (Philadelphia, Penn- sylvania) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of R. C. A. Manu- facturing Company, Inc., Camden, New Jersey, herein called the Company, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 29, 1940, 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 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 21 N. L. R. B., No. 106. 1091 1082 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On March 1, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Before any hearing was held, the Company and the Union, on March 1, 1940, entered into an agreement, pursuant to which the Regional Director, on March 5, 1940, issued a report. Thereafter, before any hearing was held, the Company, the Union, and the Board's attorney, on March 5, 1940, entered into a stipulation, herein- after set forth, in which the said agreement and the said report were, incorporated as exhibits, and on March 6, 1940, entered into a supple- mental stipulation and agreement, also hereinafter set forth. The afore-mentioned stipulation entered into on March 5, 1940, including the exhibits incorporated therein, provided as follows : It is hereby stipulated by and between the R. C. A. Manu- facturing Company, Inc., herein called the Company; United Electrical, Radio, and Machine Workers of America, Local 103, herein called the Union; and Samuel G. Zack, Regional Attorney for the National Labor Relations Board, that: 1. Upon a petition duly filed by the Union on February 26;1940, with the Regional Director for the Fourth Region (Philadel- phia, Pennsylvania), alleging that a question affecting com- merce has arisen concerning the representation of employees of the Company and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act, 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 2, as amended, ordered on February 29, 1940, an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. The Regional Director, on March 1, 1940, issued a Notice of Hearing, copies of which were duly served on the Company and upon the Union. 2. The R. C. A. Manufacturing Company, Inc., is engaged at its Camden, New Jersey, plant, in the manufacture and distri- bution of radio and sound transmission and receiving products. In the course of its operations at the Camden plant, the Com- pany purchases and has transported from States other than New Jersey large quantities of materials, such as rubber, steel, glass, lumber, copper, aluminum, durielium, porcelain, magnesium, tungsten, celluloid, painlts, mica, iron, and other goods. It maintains sales and service branches, and distributing points throughout the United States and in foreign countries for the purpose of selling, distributing, and servicing the products man- ufactured at Camden. Certain parts and equipment assembled R. C. A. MANUFACTURING COMPANY, INC. 1083 and produced at Camden are transported by the Company to other plants, assembly points and distribution centers, owned by the Company and located in States other than New Jersey, and there assembled with other parts and equipment into fin- ished products which are thereafter distributed among the sev- eral States and in foreign countries. A substantial number of the employees at the Camden plant are employed in the ship- ping department of the Company and are engaged in the prep- aration and packing of the products for shipment and the actual shipping of products. Another substantial group of employees are engaged in the servicing and installing of the products of the Company throughout the United States. 3. The Company is engaged in interstate commerce within the meaning of the Act, the decisions of the Board, and the decisions of the Supreme Court of the United States. 4. United Electrical, Radio, and Machine Workers of America, Local 103, is a labor organization within the meaning of Section 2 of the Act. 5. The employees of the Company engaged in the lunch club section known as Section L. C. 92, excluding managerial, super- visory, and clerical employees, constitute a unit appropriate for the purposes of collective bargaining, and the said unit will insure such employees of the Company the full benefit of their right to self-organization and to collective bargaining, and other- wise effectuate the policies of the Act. 6. A question of representation affecting commerce within the meaning of the Act has arisen in that the Company refuses to recognize the Union as the representative of its employees in the unit set forth in paragraph 5 above, until the Board has duly certified that the said unit is an appropriate unit and that the said Union is the proper representative of the employees in such unit. 7. The taking of testimony or evidence by the Board pursuant to the Act, are hereby expressly waived. 8. Appendices "A" and "B" attached hereto are incorporated into this stipulation by reference and are to be considered as a part hereof. 9. This stipulation, together with the petition, order directing investigation and hearing, notice of hearing, Appendices "A" and "B," and Rules and Regulations of the National Labor-Rela- tions Board, Series 2, as amended, may be introduced as evidence .by filing them with the Chief Trial Examiner of the Board at Washington, D. C. 1084 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 10. This stipulation, together with the papers recited in para- graph 9 above, shall constitute the record in this case, and this stipulation and Appendices "A" and "B" shall constitute compe- tent evidence in the said case; and on the basis thereof the Board may make its certification or other disposition of the case, pur- suant to Section 9 (c) of the Act. 11. This stipulation is subject to the approval of the Board. 12. This stipulation contains the entire agreement of the- par- ties; and there is no verbal agreement of any kind which varies, alters, or adds to this stipulation. EXHIBIT "A" It is hereby agreed between the R. C. A. Manufacturing Com- pany, Inc., hereinafter called the Company, and the United Electrical, Radio, and Machine Workers of America, Local 103, hereinafter called the Union, that the Company will submit to the Regional Director of the National Labor Relations Board for the Fourth Region, within 5 days, the pay roll for the Company as of the week beginning February 26, 1940, including those temporarily absent for illness or other cause, and excluding all who have since voluntarily quit or who have been discharged for cause, applying to the classifications of employees mentioned below, and the Union will furnish application forms, roster of membership, receipt for dues, or other satisfactory evidence as to membership of the employees mentioned below in the said Union for the purpose of determining by the said Regional Direc- tor whether the said Union is the legal representative of a majority of the employees in the unit consisting of all employees of the Company engaged in the lunch club section known as Section L. C. 92, excluding managerial, supervisory; and clerical employees. It is agreed that the report of the Regional Director of his check of the records, referred to above, shall be considered by the Board as evidence to determine whether or not said employees desire to be represented by the United Electrical, Radio, and Machine Workers of America, Local 103, for the purposes of collective bargaining. It is agreed that the report of the Regional Director of his his report find that the Union has been designated by a ma- jority of the employees in the unit above described as their representative for the purposes of collective bargaining, then the parties are desirous that the Board shall, on the basis of such report, certify the Union as the exclusive representative R. C. A. MANUFACTURING COMPANY, INC. 1085 of all such employees for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. R. C. A. MANUFACTURING COMPANY, INC.) by s/ LAWRENCE B. MORRIS, Vice President. UNITED ELECTRICAL , RADIO, AND MACHINE WORKERS OF AMERICA, LOCAL 103, By s/ JOSEPH G. MI'rTON, President. Witness : s/ SAMUEL G. ZACK. Dated : March 1, 1940. EXHIBIT "B" REPORT OF CHECK OF RECORDS By virtue of and pursuant to an agreement entered into be- tween the R. C. A. Manufacturing Company, Inc., and United Electrical, Radio, and Machine Workers of America, Local 103, I hereby report that a check of the Company pay roll and the Union membership cards was made on March 5, 1940. The check indicated that 37 out of 50 employees in the lunch club section, known as Section L. C. 92, exclusive of managerial, supervisory, and clerical employees, had designated the Union as their collective bargaining representative. s/ BENNET F. SCHAUFFLER Bennet F. Schauffler, Regional Director, Fourth. Region, National Labor Relations Board, Philadelphia, Pennsylrvainia. Date : March 5, 1940. The afore-mentioned supplemental stipulation and agreement entered into on March 6, 1940, provided as follows : It is hereby stipulated and agreed by and between the R. C. A. Manufacturing Company, Inc., herein called the Company; United Electrical, Radio, and Machine Workers of America, Local 103, herein called the Union; and Samuel G. Zack, Regional Attorney for the National Labor Relations Board, that: 1. The above case and the stipulation entered into between the above named parties in connection therewith which stipula- tion is dated March 5, 1940, is, and shall be, limited to the 1086 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees of the R. C. A. Manufacturing Company, Inc. en- gaged in the lunch club section known as Section L. C. 92 at the Company's Camden, New Jersey, plant. 2. That in said case and in the stipulations and proceedings in connection therewith, wherever the Company or the appropriate unit for purposes of collective bargaining is referred to they shall be limited to the operations of the Camden, New Jersey, plant of the R. C. A. Manufacturing Company, Inc. On March 9, 1940, the Board issued its order approving the above stipulation and supplemental stipulation and agreement, making them a part of the record in the case, and, pursuant to Article III, Sec- tion 10, of National Labor Relations Board Rules and Regulations- Series 2, as amended, transferring the case to and continuing it before the Board. Upon the basis of the above stipulation and supplemental stipula- tion and agreement, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The R. C. A. Manufacturing Company, Inc., is engaged at its Camden, New Jersey, plant, with which the present proceeding is concerned, in the manufacture and distribution of radio and sound transmission and receiving products. In the course of its operations at the Camden plant, the Company purchases, and has transported from States other than New Jersey, large quantities of materials, such as rubber, steel, glass, lumber, copper, aluminum, durielium, porcelain, magnesium, tungsten, celluloid, paints, mica, iron, and other goods. It maintains sales and servicing branches and distributing points throughout the United States and in foreign countries for the pur- pose of selling, distributing, and servicing products manufactured at Camden. Certain parts and equipment assembled and produced at Camden are transported by the Company to other plants, assembly points, and distribution centers, owned by the Company, and located in States other than New Jersey, and are there assembled with other parts and equipment into finished products, which are thereafter dis- tributed among the several States and in foreign countries. A sub- stantial number of the employees at the Camden plant are employed in the shipping department of the Company and are engaged in the preparation and packing of the products for shipment and actual shipping of products. Another substantial group of employees is engaged in the servicing and installing of the products of the Com- pany throughout the United States. R. C. A. MANUFACTURING COMPANY, INC. 1087 II. THE ORGANIZATION INVOLVED United Electrical, Radio, and Machine Workers of America, Local 103, is a labor organization.' III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the representative of its employees in the unit set forth in Section V below, until the Board has certified that the said unit is an appropriate unit and that the Union is the proper representative of the employees in such unit. We find that a question has arisen concerning 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 with foreign countries, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT We find that the employees of the Company engaged in the lunch club section known as Section L. C. 92, at the Company's Camden, New Jersey, plant, excluding managerial, supervisory, and clerical employees, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Com- pany the full benefit of their right to self-organization and to collec- tive bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the Union has been designated by a majority of the employees in the above-described appropriate unit as their represen- tative for the purposes of collective bargaining. Upon the basis of the above findings of facts, the above stipulation and supplemental stipulation and agreement, and the entire record in the case, the Board makes the following : 1 The Union is affiliated with the Congress of Industrial Organizations . Matter of R. C. A. Manufacturing Company, Inc. and International Brotherhood of Electrical Work- ers B-957, 16 N. L. R. B. 883. 1088 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of R. C. A. Manufacturing Company, Inc., Camden, New Jersey, within the meaning of Section 9 (c) and Sec- tion 2 (6) and (7) of the National Labor Relations Act. 2. The employees of the Company engaged in the lunch club section known as Section L. C. 92, at the Company's Camden, New Jersey, plant, excluding managerial, supervisory, and clerical employees, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 3. United Electrical, Radio, and Machine Workers of America, Local 103, is the exclusive representative of all the employees in' such unit for the purposes of collective bargaining, within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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, as amended, IT IS HEREBY CERTIFIED that United Electrical, Radio, and Machine Workers of America, Local 103, has been designated and selected by a majority of the employees of the R. C. A. Manufacturing Com- pany, Inc., engaged in the lunch club section known as Section L. C: 92, at the Company's Camden, New Jersey, plant, excluding mana- gerial, supervisory, and clerical employees, as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the Act, the United Electrical, Radio, and Machine Workers of America, Local 103, is the exclusive repre- sentative of all such employees for the purposes of collective bargain- ing in respect to rates of pay, wages, hours of employment, and other conditions of employment.