General Electric Co.

National Labor Relations Board - Board Decisions

Mar 24, 1945

60 N.L.R.B. 1483 (N.L.R.B. 1945)

In ,tlie Matter, of GENERAL ELECTRIC COMPANY and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA (CIO)
Case No. 6-8-331
SUPPLEMENTAL DECISION
AND
ORDER
March 24, 1945 -
On March 7 , 1944, pursuant to a Decision and Direction of the
Board I and elections conducted pursuant thereto, the Board certified
United Electrical , Radio R Machine Workers of America (CIO),
herein called the Union , as the exclusive representatives of, employees
of the Company in two units.
On January 16, 1945, the Union filed a Motion with the Board re-
questing that its certification be clarified , alleging that it was im-
possible to determine the status thereunder of 26 employees , some of
whom cast challenged ballots in the election , and whose status was not
then examined by the Board because the challenges did not affect the
results of the election . In accordance with the request, the Board,
on January 23, 1945, directed that a hearing be held to develop infor-
mation for clarification of the said certifications . The said hearing
was held February 21, 1945, at Erie, Pennsylvania , before W. G. Stuart
Sherman, Trial Examiner.
At the hearing , it developed that the certifications , as issued , are not
ambiguous and need no clarification . All parties were in agreement
that under the certifications , group leaders employed by the Company
are excluded from the appropriate unit. The controversy centered
about whether or not the 26 persons involved are, in fact , group leaders.
Prior to and during the hearing, the parties agreed upon the status of
all but one of the persons involved : A. R. McGill. Since the parties
by this agreement included in the appropriate unit certain employees
whom the Company designates as leaders , and excluded others identi-
cally designated , it appears that the Board has been asked to pass
upon whether or not certain employees have been properly classified
by the Company , and not upon whether or not employees of a particular
1 54 N . L. R. B. 1299.
60 N. L. R. B., No. 256.
1483
1484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
classification or classifications should be included in one of the units
heretofore certified, as was implied-in the motion filed by the Union.
If we had been apprised that this was the real issue between the parties,
it is questionable whether we would have ordered the further hearing
in this matter.
Moreover, since nothing appears in the record concerning the factors
which the parties took into consideration in agreeing to include some
and exclude others of the persons herein involved, most of whom were
designated by the Company as leaders, we cannot pass upon the pro-
priety of their agreement. Similarly, for lack of information upon
which to base a comparison between McGill's duties and authority and
those of other so-called leaders who have been included in or excluded
from the unit by agreement of the parties, we cannot determine whether
or not he should be excluded from the appropriate unit. Accordingly,
we shall deny the petition for clarification.
ORDER
Upon the entire record in the case, and the foregoing findings of
fact, the National Labor Relations Board hereby denies the Motion
filed by United Electrical, Radio & Machine Workers of America
(CIO) for clarification of the units heretofore certified.