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

In the Matter of R. _Ci. A. MANUFACTURING COMPANY, INC. and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL 103 Case' No. R-2380.Decided March 29, 1941 Jurisdiction : radio and sound transmission and receiving products manufac- turing industry. Investigation and Certification of Representatives : existence of question: Com- pany refuses to recognize union as exclusive -representative of watchmen until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all watchmen excluding captains. Mr. Lawrence B. Morris, of Camden, N., J., for the Company. Mr. Saul C. Waldbaum, of Philadelphia, Pa., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 28, 1941, United Electrical, Radio and Machine Work- ers of America, Local 103, herein called the Union, filed with the Regional Director for the Fourth Region (Philadelphia, Pennsyl- vania) a petition alleging that a question affecting commerce has arisen concerning the representation of employees of,R. C. A. Manu- facturing Company, Inc., Camden, New Jersey, herein called the Com- pany, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 24, 1941, the Na- tional 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. On Febrary 28, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on March 10, 1941, at Philadelphia, Pennsylvania, before Geoffrey J. Cuniff, the Trial Ex- aminer duly designated by the Chief Trial Examiner. The Company and the Union were represented by counsel and participated in the 30 N. L. R. B., No. 103. 668 R. C. A. MANUFACTURING COMPANY, INC: 669, 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 granted a motion of the Union to amend the petition to exclude cer- tain employees. At the close of the hearing counsel for the Company moved to dismiss the petition on the ground that the employees in- volved herein are not sdbject to the jurisdiction of the Board. The motion was denied. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the adinission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. 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 The Company operates a plant at Camden , New Jersey, where it is engaged in the manufacture and distribution of radio and sound transmission and receiving products . The Company purchases and has transported to it at Camden large quantities of raw materials, and it maintains sales and service branches and distributing points throughout the United States and in foreign countries for the pur- pose of selling, distributing, and servicing the products manufactured by it at Camden . The Company admits that it is engaged in inter- state commerce within the. meaning of the Act. II. THE ORGANIZATION INVOLVED United Electrical, Radio and Machine Workers of America, Local 103, is a labor organization affiliated with the Congress of Industrial Organizations. - It admits to membership employees at the Camden plant of the Company. 111. THE QUESTION CONCERNING REPRESENTATION The Compariy refuses to recognize the Union as exclusive repre- sentative of the watchmen at its Camden plant until such time as the Board certifies the Union as exclusive, representative of such employees. A statement of the Regional Director introduced in evidence shows that the Union represents a substantial number of employees in the unit urged by it to be appropriate.' 1 The Regional Director's statement shows that 58 employees within the unit alleged to be appropriate, whose names appear on the Company' s pay roll of February 1, 1941, have signed membership application cards In they Union. There are approximately 79 employees on the February 1, 1941, pay roll who are in the unit alleged by the Union to be appropriate. 670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ' We find that a question has arisen concerning the representation of employees of the Company. IV. TIIE 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 commerce and the free flow of commerce. V. 1HE APPROPRIATE UNIT The Union urges that all watchmen at the Camden plant of the Company, excluding captains, constitute an appropriate unit. The Company contends that such a unit is inappropriate inasmuch as the watchmen are representatives of the management, are not production employees, and must be impartial in the perforlnance of their duties, and urges that the petition be dismissed. The Company employs approximately .79 watchmen, under the supervision of three captains, who protect the Company property, check persons entering and leaving the plant, and guard the plant during the day. They are not deputized and they receive hourly wages. In. a prior proceeding involving the Camden plant of the Com- pany,2 the Board found appropriate a unit consisting of production employees at the plant, excluding among other classes of employees, watchmen, and thereafter, after an election in which the Union re- ceived a' majority of the votes cast, the Boiird certified the Union as the exclusive bargaining representative of all employees in that unit.3 Before the fall of 1940 the watchmen were not represented by any labor organization. At that time they approached the Union and requested that they be accepted as members and that the Union represent them for the purpose of bargaining collectively with the Company. A majority of the watchmen appear to have accepted ,membership in the Union and no other organization seeks to repre- sent them. In the circumstances we see no reason why the request for a unit of watchmen should not be granted.4 2Matter of R. C. A. Manufacturing Company, Inc. and International Brotherhood of Electrical Workers B-95n, 16 N L R. B. 883. 3Matter of R. C. A. Manufacturiny Company, Inc. and International Brotherhood of Elects ical Workers B-957, 19 N L R B. 24 , 'Matter of Westinghouse Electric 4 Manufacturing Company and Local 7724, United Eleotitical, Radio d Machine Workers of America, affiliated with C. I. 0, 28 N. L. R. B. 799 R. C. A. MANUFACTURING COMPANY, INC. 671 We find that all watchmen at the Camden plant of the Company, excluding captains , constitute 'a unit appropriate for the purposes of collective bargaining and that such 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 We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. We shall direct that all employees in the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction hereinafter, shall be eligible to vote. 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 cominerce 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 Section 2 (6) and (7) of the National Labor Relations Act. 2. All watchmen at the Camden plant of the Company,-excluding captains, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Relations Act, and pursuant 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 authorized by the Board to ascertain representatives for, the , purposes of collective bargaining with R. C. A. Manufacturing Company, Inc., Camden, New Jersey, an election by secret ballot shall be conducted as. early 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 Fourth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules 672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and Regulations, among all watchmen at the Camden plant of the Company who were employed during the pay-roll period immediately preceding this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or absent because called for military service and employees who were then or have since been temporarily laid off, but excluding captains and employees who have since quit or been discharged for cause; to determine whether or, not they desire to be represented by United Electrical, Radio and Machine Workers of America, Local 103, af- filiated with the Congress of Industrial Organizations, for the purposes of collective bargaining. -