Hytron Corp.

National Labor Relations Board - Board Decisions

Feb 4, 1944

54 N.L.R.B. 1077 (N.L.R.B. 1944)

In the Matter of HYTRON CORPORATION and HYTRON EMPLOYEES UNION
of MASSACHUSETTS
Case No.1-R-1654.Decided February 4, 1944
Hill, Blake & Berkal, by Mr. Richard E. Blake , of Salem, Mass.,
for the Company.
Mr. Phillip J. Durkin, of Salem, Mass., for the Independent.
Mr. Donald Tormey, of Boston, Mass ., for the U. E.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Hytron Employees Union
of Massachusetts, herein called the Independent, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Hytron Corporatioh, Salem, Massachusetts, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Samuel G. Zack, Trial
Examiner. Said hearing was held at Salem, Massachusetts, on De-
cember 16, 1943. The Company, the Independent, and United Elec-
trical, Radio & Machine Workers of America, C. I. 0., herein called
the U. E., appeared and participated. All parties 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. All parties were afforded an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Hytron Corporation is engaged in 'the manufacture of radio and
electronic tubes at its plants in Salem and Newburyport, Massachu-
setts. This proceeding is concerned solely with the Salem plant.
54 N. L. R. B., No. 160.
1077
1078 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The chief raw materials used in the production of the tubes consist
of glass,'copper, nickel, brass, and tin. About 65 percent of said raw
materials is secured from sources located outside the Commonwealth
of Massachusetts. The value of the raw materials used annually ex-
ceeds $1,000,000. The finished 'products exceed $2,000,000 in value,
and all are shipped to points outside the Commonwealth of Massa- ,
chusetts. The Company's entire output is manufactured for the
United States Government.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Hytron Employees Union of Massachusetts is an unaffiliated, labor
organization, admitting to membership employees of the Company.
United Electrical, Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Independent
as the exclusive bargaining representative of its employees until the
Independent has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that each union represents a substantial number of em-
ployees in the unit 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
The parties are agreed upon the inclusion in the appropriate unit
of all production and maintenance employees at the Company's Salem
plant, and the exclusion of -all executives, foremen, supervisors, office
and clerical employees, engineers, draftsmen, senior technicians, and
guards.- The parties are in disagreement with respect to the disposi-
tion of the following categories of employees, all of whom the Com-
pany and the Independent would include and the U. E. would exclude.
1 The Acting Regional Director reported that the Independent submitted 412 member-
ship cards, 402 of which bore apparently genuine original signatures ; that the names of
370 persons appearing on the cards were listed on the Company's pay roll of October 30,
1943, which bore the names of 577 employees in the appropriate unit ; and that the cards
were variously dated between September and November 1943.
The U. E. submitted 213 membership cards, 211 of which bore apparently genuine original
signatures. The names of 185 persons appearing on the cards were listed on the aforesaid
pay roll. The cards were variously dated June and November 1943.
HYTRON CORPORATION 1079
Monitors: The Company employs both junior and senior monitors
whose duties are substantially the same except that senior monitors,
being more experienced employees, receive higher wages and have
slightly more 'responsibility. Monitors are production employees who
have proven themselves efficient and competent and have been pro-
moted one step to assist the other employees on the production line.
They lay out the work, see that it progresses according to production
schedules, make' sure that the cleanliness of the work spaces is- main-
tained, and give temporary relief to employees on the production line.
They have no authority to recommend promotion or discipline for
any production employee, but when asked, merely report their
views on a particular case to the foreman or assistant foreman in
charge of their department. The U.' E. contends that the monitors are
supervisory employees and as such should be excluded from the unit.
Since the evidence adduced at the hearing does not substantiate this
contention, we find that monitors are not supervisors within the mean-
ing of the definition hereinafter given. Accordingly, we shall include
them in the unit.
Instructors: There are three junior instructors 2 whose duties con-
sist of teaching new employees and instructing old employees in new
operations. They have no authority to admonish employees nor have
they authority to make recommendations that affect the status of
the employees whom they instruct. Since their authority,is even less
than that allegedly exercised by the monitors, we shall include in-
structors in the unit.
Inspectors: The Company has six junior and three senior inspectors
who conduct continuous spot checks of the quality of work in progress
in the assembly department. They perform the usual functions of
inspectors in checking the products to determine whether or not they
measure up to specifications.` They do not direct the work of the
production employees, but merely feport their findings to their su-
perior. They do not keep efficiency ratings or records and have no
supervisory authority over the production workers. The U. E. con-
tends that inspectors are supervisory employees and hence urges their
exclusion from the unit. We are of the opinion that inspectors are
not supervisory employees, and since their work is an integral part
of production, we shall include them in.the unit.
Recorders: There are about 20 recorders, half of whom are engaged
in the work of recording on a full-time basis. They work throughout
various departments of the plant checking and making records of raw
materials. These materials records are turned over to the foremen'
and are ultimately sent to the Company's office. It is also part of
their job to keep attendance records of employees in their particular
As of the date of the hearing, the Company employed no senior instructors.
1080 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
departments. The time records are sent to the personnel department
for pay roll purposes. As to the other recorders who do not do record-
ing as a full-time job, they spend about 50 percent of their time
performing the functions recited above. The balance of their, time
is spent in counting and keeping tallies of the finished products in
their respective departments as they come from the production line.
This group also keeps the attendance records in their departments.
It is apparent that there is no great distinction between two types of
recorders.
The U. E. urges the exclusion of the recorders on the ground that
they are clerical employees, while the Company and the Independent
desire their inclusion in the unit. The Company and the Independent
contend that the recorders are essentially production employees and
the fact that they perform some clerical functions should not pre-
clude them from voting in the same unit with the production and main-
tenance employees. In view of the fact that the parties have agreed
to exclude "office and clerical employees," and the further fact that
recorders perform the functions of plant clerical employees, we are
of the opinion that interests of the recorders are more likely to coin-
cide with those of the excluded clerical employees than with those
of the production and maintenance workers .3 Accordingly, we shall
exclude recorders from the unit.
We find that all production and maintenance employees of the
Company, employed at its Salem plant, including monitors, instruc-
tors and inspectors, but excluding recorders, executives, foremen, su-
pervisors, office and clerical employees, engineers, draftsmen, senior
technicians, guards, and all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees or effectively recommend such action, consti-
tute a 'unit appropriate for the purposes of collective" bargaining
within the meaning of Section-9 (b) of the Act.
• V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation' which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during 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.
° 8 See Matter of General Motors Corporation ( Eastern Aircraft Division , Baltimore Plant),
52 N L. R. B. 954; Matter of Todd Elnpyards Corporatwn (Hoboken Division), 51
N. L. R. B. 1211 ; Matter of Julien P. Friez d Sons, Division Bendim Corp ., 47 N. L . R. B 43.
i
HYTRON CORPORATION
DIRECTION OF ELECTION
1081
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 Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hytron Corpora-
tion, Salem , Massachusetts , an election by secret ballot shall be con-
ducted 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 First Region, acting in this matter as agent
for the National Labor Relations Board, and subject to 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 said pay-roll
period because they were ill or on vacation or temporarily laid off,
and including employees in the armed forces of the United States who
present themselves in person at the polls, but excluding 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 Hytron Employees Union of Massachusetts,
or by United Electrical, Radio & Machine Workers of America,
affiliated with the Congress of Industrial Organizations , for the
purposes of collective bargaining , or by neither.