General Electric Co.

National Labor Relations Board - Board Decisions

Apr 19, 1943

48 N.L.R.B. 1395 (N.L.R.B. 1943)

In the Matter of GENERAL ELECTRIC COMPANY (KoxoMo PLANT OF THE
FORT WAYNE WORKS)- and UNITED ELECTRICAL, RADIO AND MACHINE
WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.
-Case No. R=5017. Decided April 19,1943
Jurisdiction : electrical equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord recognition to either of competing organizations until certified by
the Board; contention that an election should be postponed until the eff-et of
certain unfair labor practices had been dissipated, rejected when the company
had complied with an agreement settling charges of unfair labor practices ;
immediate election directed notwithstanding contemplated increase in per-
sonnel in view of the large number of employees presently employed ; election
necessary.
Units Appropriate for Collective Bargaining : (1) production and maintenance
employees, excluding guards, outside truck drivers, student engineers, and
supervisory and clerical employees; (2) plant protection guards, excluding the
lieutenant and other supervisory guards, if any; stipulation as to.
Messrs. TV. R. Burrows, E. D. Spicer , and George H. P fei f, all of.
Schenectady , N. Y., and Mr. M. E. Lord, of Fort Wayne, Ind., for the
Company.
Mr. David Scribner , of New York City, M11r. Fred Gardner , of Fort
Wayne, Ind., and Dlr. Don E . Conwell, of Kokomo, Ind., for the C. 1. 0.
Mr. Lawrence F. Daly, of Washington , D. ,C., and Mr. Francis
O'Rourke , of Indianapolis , Ind., for the A. F. L.
''Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT. OF THE CASE
Upon petition duly filed by United Electrical, Radio and Machine
Workers of America, affiliated with the C. I. 0., herein called the
C. I. 0., alleging that a question affecting commerce had arisen con-
cerning the representation of employees of General Electric Company
(Kokomo Plant of the Fort Wayne Works), Kokomo, Indiana, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before LeRoy Marceau, Trial
48 N L R B, No. 172.
521247-43-vol. 48-89 1395-
1396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Examiner. Said hearing'was held at Kokomo, Indiana, on March 2,
1943. The Company, the C. I. 0., and International Brotherhood of
Electrical Workers, affiliated with the A. F. L., herein called the
A. F. L., appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
-evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
The C. I. O. filed a letter in the nature of a brief, and the A. F. L. filed
a brief, both of which the Board has considered.
Upon the entire record in the case, the Board makes the following:.
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Electric Company, a Ne`v^ York corporation having its
principal place of business at Schenectady, New York, is engaged in
the manufacture of electrical equipment at various plants throughout
the United States. It,operates a- plant at Kokomo, Indiana, manu-
facturing motor generator equipment, with which we are concerned
in the present proceeding. During the period of its operations at
Kokomo, the-Company has purchased raw materials valued in excess
.of $100,000, of which more than 50 percent was received from points
outside'the State of Indiana. The entire production of the Kokomo
plant is delivered directly or indirectly to the United States Navy and
is transported to points outside the State of Indiana. The Company
admits that it is engaged in commerce within the meaning of the Na-
"tional Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio and Machine Workers of America is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
International Brotherhood of Electrical Workers is a labor organi-
zation affiliated with the American Federation of Labor, admitting to
membership employees, of the Company.
III. `THE QUESTION CONCERNING REPRESENTATION
Both the C. I. O. and the A. F. L. desire exclusive recognition from
the Company as the representatives of its employees. The Company
is unwilling to bargain with -either organization unless it is certified
,by the Board.
A statement of the Regional Director, introduced into, evidence at
GENERAL ELECTRIC COMPANY : 1397
the hearing, indicates that the C. I. 0. represents a substantial num-
ber of employees in the units hereinafter found appropriate.'
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
In accordance with a stipulation of the parties, we find the following
groups of employees of the Company, at its'Kokomo Plant, constitute
units appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act:
(1) All production and maintenance employees, excluding guards,
outside truck drivers, student engineers, and supervisory and clerical
employees ; %
(2) All plant protection guards, excluding the lieutenant and other
supervisory guards, if any.
V. THE DETERMINATION OF REPRESENTATIVES
'The C. I. 0. desires an immediate election. The A. F. L. contends
that' no election should be held until certain unfair labor practices
allegedly engaged in by the Company have been dissipated. Certain
charges of unfair labor practices 2 filed by the A. F. L. were settled
by an agreement entered into on January 27, 1943, which provided
that the Company would post appropriate notices for a period of at
least 60 days. The Regional Director has reported that the Company
has complied with the settlement agreement. We find that an election
may appropriately be held, in view of the Company's compliance with
the settlement agreement.
The A. F. L. further contends that 'an election should not be held
until approximately the full complement of employees has been em-
ployed. The record shows that on or about March 1, 1943, the Com-
pany employed about 441 hourly workers, and that this number will
be increased to a maximum of about 635 by June 1943. Since approxi-
mately 70 percent of the expected total complement is now employed,
we are of the opinion that an election should not be further delayed.
i The Regional Director 's report is indicated by the following chart , which lists designa-
tion cards submitted by the A. F. L and the C .'I. 0 , bearing apparently genuine original
signatures appearing on the Company 's pay roll of February 2, 1943:
Total em-
ployees C. 1. 0: A. F. L.
Maintenance and Production Unit---------------------------- 372 292 57
Guard Unit-------------------------------------------------- 25 24 0
Case No. 13-C-2119 (formerly 11-C-1123).'
1398 DECISIONS OF NATIONAL 'LABOR' RES ATIONS BOARD
Both 'labor organizations desire to be represented 'on the ballots of
the elections in the two groups hereinabove set forth. ' Although the
'A. F. L. made no showing of representation in the unit composed of
plant protection guards, inasmuch as an election is to be held, in this
group, we shall accord it a place on the ballot.
In view of the above, we shall direct that the question concerning'
representation which has hrisen be resolved by an election by secret
ballot among the employees in the appropriate units who were em-
ployed during the pay-roll period immediately preceding the date of
the Direction of Elections herein, subject to the limitations and addi-
tions set forth in the Direction.
DIRECTION OF ELECTIONS
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 9, of National Labor Rela-
tions 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 General Electric
Company (Kokomo Plant of the Fort Wayne Works), separate elec-
tions by secret ballot shall be conducted, as soon 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 Thirteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 10, of said Rules and
Regulations, among the employees of the Company in the units found
to be 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'includ-
ing employees in the armed forces Hof the United States who present
'themselves in person at the polls, but excluding those who have since
quit or been discharged for cause, to determine, with respect'to em
ployees in each unit, whether they desire to be represented by United
-Electrical, Radio and Machine' Workers of America, affiliated with
'the Congress of Industrial Organizations, or by International Brother-
hood of Electrical Workers, affiliated with the American Federation
of Labor, for the purposes of collective bargaining, or by neither.