Reeves Sound Laboratories, Inc.

National Labor Relations Board - Board Decisions

Feb 6, 1945

60 N.L.R.B. 463 (N.L.R.B. 1945)

In the Matter of REEVES SOUND LABORATORIES , INC. and UNITED ELEC-
TRICAL , RADIO & MACHINE WORKERS OF AMERICA, CIO
Case No.2-R-5246.-Decided February 6,1945 _
Messrs. Henry Epstein and Victor H. Rothschild, of New York,City,
for the Company. -
Messrs, Frank Scheiner, Charles Rivers, and James Conroy, of New
York City, for the Union. -
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, CIO, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Reeves Sound Laboratories, Inc., New York
City, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Robert A.
Levett, Trial Examiner. Said hearing was held at -New York City,
on January 9, 10, and 11, 1945. The Company and the Union appeared
and participated? All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. Tlie 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
1. THE BUSINESS OF THE COMPANY
Reeves Sound Laboratories, Inc., a New York corporation having
several plants in New York City, is engaged in the manufacture of
1International Union , United Automobile, Aircraft and Agricultural Implement Workers
of America, C. I. 0., was served with Notice of Hearing but did not appear; an official of
Local 1225 , United Electrical , Radio & Machine Workers of America , appeared to disclaim
any interest in this proceeding.
60 N. L. R. B., No. 89.
463
464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
electronic equipment, principally quartz crystal oscillators. During
the year 1944, the Company used in its manufacturing processes raw
materials, chiefly raw quartz, valued in excess of $500,000, of which
more than 90 percent was shipped to its plants from points outside
the State of New York. During the same period, the Company pr9
duced finished products, quartz crystal oscillators, tools, dies,- and
various machine parts, valued at more than $1,000,000, of which about
90 percent was shipped to points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II.,TIIE ORGANIZATION INVOLVED
United Electrical, Radio &'Machine Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organiza-
tion admitting to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the bargaining
representative of its production and maintenance employees until the
Board has certified the Union in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial' number of
employees in the unit hereinafter found appropriate.2
We find that a question affecting -commerce has arisen concern-
ing the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties are in agreement as to the categories of employees to be
included and -excluded from-the production and maintenance unit
sought by the Union. The single cause of contention is the Company's
claim that an appropriate unit should not be limited to employees
of the Company, but should also include the employees of its sub-
sidiary, Hudson American Corporation.
Since the executives and boards of directors of both corporations
are substantially the same, and there is some interrelation and in-
tegration of their activities, a two-company unit might, under other
circumstances, be appropriate. However, each corporation is a sepa-
rate entity; each has separate executive offices, keeps separate books
of account, and maintains separate personnel and pay-roll records.
Where facilities 'are shared or as infrequently occurs, employees are
2 The Field Examiner reported that the Union submitted 381 application cards, that
there are 675 employees in the unit petitioned for, and that all the cards except 27 which
bore no date were dated in 1944.
REEVES SOUND LABORATORIES, INC. 465
loaned on a temporary basis, there is a careful allocation of costs.
Neither the employees nor the operations of the companies are co-
mingled so as to raise any question of identification. Moreover, as
recently as December 23, 1944, the Board found appropriate a unit
of production and maintenance employees confined to employees of
Hudson American,' and on January 19, 1945, following an election,
certified International Union, United Automobile, Aircraft & Agri-
cultural Implement Workers of America, CIO, herein called the Auto-
mobile Workers, as the bargaining representative for the employees of
that company. The Union has disclaimed any interest in the em-
ployees of Hudson American, and the Automobile Workers has
likewise indicated a lack of interest in the employees of the Company.
In view of the foregoing, we are of the opinion that a unit limited to
the employees of the Company is appropriate.4
We find that all production and maintenance employees of the
Company, including lead hands, but excluding office and clerical em-
ployees, infirmary employees, machine shop employees,5 telephone
operators, engineers, militarized guards, temporary construction
workers at the 91st plant, executives, foremen, assistant foremen, sub-
foremen, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute 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 em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction."
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 9, of the National Labor
Relations Board Rules and-Regulations-Series 3, as amended, it is
hereby
3 Matter of Hudson American Corporation, 59 N L R. B 1225, in which proceeding,
Hudson American made no claim that a single -company unit was inappropriate.
A See Matter of The Airparts Company, 59 N. L R B 1341
The machine shop employees are presently represented by Local 1225, United Electrical,
Radio & Machine Workers of America, CIO.
I The Union's request that it appear on the ballot as "U. E -CIO, United Electrical, Radio
& Machine Workers of America, CIO" is hereby granted.
628563-45-vol. 60-31
466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Reeves Sound
Laboratories, Inc., New York City, an election by secret ballot shall
he 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 Second Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Ar-
ticle 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 or not they desire to be represented by U. E.-
CIO, United Electrical, Radio & Machine Workers of America, CIO,
for the purposes of collective bargaining.