General Electric Co.

National Labor Relations Board - Board Decisions

Oct 27, 1944

58 N.L.R.B. 1396 (N.L.R.B. 1944)

In the Matter of GENERAL ELECTRIC COMPANY and UNITED ELECTRICAL,
- RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 8-R-1628.-Decided October 27, 1944
Messrs. E. J. Westerlwnd and F. H. Bishop, of East Cleveland, Ohio,
and Mr. R. S. Dick, of Conneaut, Ohio, for the Company.
Mr. Fred Haug, of Cleveland, Ohio, for the U. E.
Mr. D. C. Brown, of Akron, Ohio, for the I. A. M.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF-ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the U. E., alleging that a
question affecting commerce had arisen concerning the representation
of employees of General Electric Company, Conneaut, Ohio, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before William O. Mur-
dock, Trial Examiner. Said hearing was held at Conneaut, Ohio, on
September 22, 1944. At the commencement of the hearing the Trial
Examiner granted a motion of International Association of Ma-
chinists, Lodge 1454, A. F. of L., herein called the I. A. M., to inter-
vene. The Company, the U. E., and the I. A. M., appeared at and
participated in the hearing and all parties were afforded full oppor-
tunity to be heard,. to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues., During the course of the
hearing the I. A. M. moved to dismiss the petition. The Trial Ex-
aminer reserved ruling thereon. The motion is hereby denied. The
Trial Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded opportunity
to file briefs with the Board.
58 N L R. B., No. 254.
1396
GENERAL ELECTRIC COMPANY 1397
-Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
General Electric Company is a New York corporation operating a
plant at Conneaut, Ohio, with which we are here concerned, where it
is engaged in the manufacture of metal bases for lamp bulbs. The
Company purchases raw materials valued in excess of $2,50,000, an-
nually, for use at its Conneaut plant, about 75 percent of which is
shipped to it from points outside the State of Ohio. During the same
period the Company produces finished products valued in excess of
$500,000, 50 percent of which is shipped to points outside the State of
Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
International Association of Machinists, Lodge 1454, is a labor or-
ganization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the U. E. as the exclusive col-
lective bargaining representative of the employees at the Conneaut
plant until such time as the U. E. is certified by the Board.
On September 21, 1943, the Company and the I. A. M. entered into
an exclusive bargaining contract. The contract provides that it shall
remain in effect for 1 year and from year to year thereafter unless
either party thereto notifies the other of a desire to terminate not
less than thirty- (30) days prior to any annual expiration date.- The
U. E. made its claim upon the Company on August 4, 1944. Inas-
much as the U. E: made its claim prior to August 21, 1944, the date
upon which the contract would have automatically renewed itself, we
find that the contract does not constitute a bar to a determination of
representatives at this time.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the U. E. represents a sub-
1398 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stantial number of employees in the unit hereinafter found to be
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
We find in substantial agreement with a stipulation of the parties,
that all production and maintenance employees at the Conneaut plant
of the Company, excluding clerical employees and all supervisory em-
ployees with authority'to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section°9 ' (b) of the
Act.'
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret biillot among
the employees in the appropriate unit who were employed durilig the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth
in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the poiver vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with General Elec-
tric Company, Conneaut, Ohio, 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 Eighth Region, acting in this matter
as agent for the National Labor Relations Board and subject to
'The Field Examiner reported that the U E presented 103 membership cards bearing
names of persons that appear on the Company's pay roll of August 25, 1944 There are
approximately 137 persons in the appropuate unit The I A iii did not present any evi-
dence of representation , but relies upon its contract as evidence of its interest in the instant
proceeding
2 This is substantially the same unit as provided for in the contract between the I. A. M_
and the Company.
GENERAL ELECTRIC COMPANY 1399
Article III, Sections 10 and 11 , of said Rules and Regulations, among
the employees in the unit found 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
the said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States , who present themselves in person at the polls , but ex-
cluding any who have since quit or been discharged for cause and
have not been. rehired or reinstated prior to the date" of the election,
to determine whether they desire to be represented by United Elec-
trical, Radio & Machine Workers of America, C. I. 0., or by Inter-
national Association of Machinists, Lodge 1454, A. F. of L., for the
purposes of collective bargaining, or by neither.