General Electric Co.

National Labor Relations Board - Board Decisions

Sep 30, 1952

100 N.L.R.B. 1315 (N.L.R.B. 1952)

GENERAL ELECTRIC COMPANY 1315
employees,' professional employees, guards, and supervisors as de-
fined in the Act.
Maintenance Unit
Petitioner seeks a unit of maintenance employees 8 including porters
and elevator operators but excluding part-time charwomen. As indi-
cated above, this unit was not too clearly defined but it appears that
Petitioner is seeking the usual unit of building maintenance employees,
which the Board has frequently found appropriate in the absence of
a broader bargaining history .9 We believe, therefore, that the pro-
posed maintenance unit is substantially appropriate under the cir-
cumstances of this case.
We find that the following employees of the Employer constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act :
All maintenance employees including porters, elevator operators,
and part-time charwomen,10 but excluding maintenance employees in
the laboratories, all other employees, professional employees, guards,
and all supervisors as defined in the Act.1'
[Text of Directions of Elections omitted from publication in this
volume.]
4 The record shows that there are a number of typists and secretaries who work in the
laboratories As the Employer points out , it is not clear whether the Petitioner wishes
these employees to be included in the laboratory or in the clerical unit . As it is the policy
of the Board , where issue is raised , to establish separate units of clerical employees, we
shall exclude such clerical employees from the laboratory unit. The Midvale Company,
supra Kelsey Hayes Wheel Company, 85 NLRB 666.
1 Petitioner made no contention that the maintenance employees should be segregated
on the basis of either the dyestuff or antara division.
9 Tyre Brothers Glass & Paint Company, 85 NLRB 910.
10 As it is clear from the record that the charwomen are regular part-time employees,
performing the customary janitorial duties, they are included in the unit . Cutter Labora-
tories, 98 NLRB 414.
n As it appears that we have enlarged the laboratory unit by including the laboratory
employees of the antara division and the maintenance unit by including the part-time
charwomen whom the Petitioner did not seek to represent , the Petitioner may not wish to
participate in an election on this basis . Under those circumstances , the Petitioner may
withdraw upon notice to that effect given to the Regional Director, in writing , within
ten (10 ) days from the date of the direction of election herein
GENERAL ELECTRIC COMPANY and INTERNATIONAL UNION OF ELEC-
TRICAL, RADIO AND MACHINE WORKERS, CIO, PETITIONER. Case
No. 2-RC-4122. September 30,1952
Supplemental Decision , Order, and Direction of Election -
On May 16, 1952, the Board issued a Decision and Order 1 dismiss-
ing the petition in the above-entitled case upon the ground that the
national agreement of the Intervenors 2 with the Employer, applicable
199 NLRB 956
s United Electrical , Radio and Machine Workers of America ( UE), and its Local 332.
100 NLRB No. 217.
2 2 72 60-5 3-v o f 100--84
1316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to the plant involved, was a bar to an election in this case. We there
held that the agreement was not rendered ineffective as a bar because
it contained a recognition and termination clause which allegedly
provided for termination upon certification of another representative,
as the language of the clauses was not clear and unmistakable and
therefore did not justify a construction of them as a waiver by the
parties of the Board's contract bar doctrine.
Thereafter, on August 1, 1952, the Petitioner filed a motion for
reconsideration of the Board's Decision, copies of which were served
upon the Employer and the Intervenors. On August 8, 1952, a re-
sponse was received by the Board from the Intervenors entitled
"Opposition by UE to IUE Motion For Reconsideration."
Upon reconsideration, for the reasons set forth in another case
decided this day which involved the same contract, employer, and
unions,3 the Board is now of the opinion that the national agreement
is not a bar to this proceeding. Accordingly, we shall vacate the Order
of May 16. 1952, dismissing the petition.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved claim to represent employees of
the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. In accordance with the stipulation of the parties, we find that
the following employees constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act :
All hourly paid employees of th'e Employer at its Hudson Falls plant
which includes the buildings located at John Street, Hudson Falls,
New York, and the buildings located at Upper Broadway, Fort
Edward, New York, excluding all office and clerical employees, pro-
fessional employees, guards, and supervisors as defined in the Act.
Order
IT IS HEREBY ORDERED that the Order of the Board dated May 16,
1952, in this matter be, and it hereby is, vacated and set aside.
[Text of Direction of Election omitted from publication in this
volume.]
MEMBERS MURDOCK and PETERSON took no part in the consideration
of the above Supplemental Decision, Order, and Direction of Election.
7 General Electric Company , 10'1 NLRB 1318.