The Crosley Corp.

National Labor Relations Board - Board Decisions

Jun 28, 1944

56 N.L.R.B. 1722 (N.L.R.B. 1944)

C
In the Matter of THE CROSLEY CORPORATION and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 9-R-1417.-Decided June 28, 1944
Mr. C. T. Nearing , of Cincinnati , Ohio, and Messrs . George Washee
and Donald Trout, of Richmond, Ind., for the Company.
Mr. D. L. Zinn , of Richmond , Ind., for the United.
Mr. James E. Reilly , of Cleveland , Ohio, for the I. B. E. W.
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 United, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of The Crosley Corporation, Richmond, Indiana,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Charles F.
McErlean, Trial Examiner. Said hearing was held at Richmond,
Indiana, on May 25, 1944. - At the commencement of'the hearing the
Trial Examiner granted a. motion of International Brotherhood of
Electrical Workers, Local. B-1127, 'A. F. of L., herein called the
I. B. E. W:, to intervene. The Company, the United, and the
I. B. E. W., appeared at and participated in the hearing and all parties
were afforded full opportunity 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. B. E. W. moved to dismiss
the petition. The Trial Examiner reserved ruling. 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.
Upon'the entire record in the case, the Board makes the following :
56 N. L. R. B., No. 305.
1722
s
THE CROSSLEY CORPORATION
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
1723
The Crosley Corporation is an Ohio corporation-operating a plant
at Richmond, Indiana, where it is engaged in the manufacture of war
materials. During 1943 the Company purchased raw materials for
use at its Richmond plant valued in excess of $500,000, over 75 percent
of which was shipped to it from points outside the State of Indiana.
During the same period the .Company manufactured products at its
Richmond plant valued in excess of $500,000, all of which-was shipped
to points outside the State of Indiana.,
We find that the Company is engaged in commerce within the mean-
ing 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 Brotherhood: of Electrical Workers, Local B-1127,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 11, 1944, the United requested recognition of the Company
as the exclusive bargaining representative of the employees at the
Richmond plant. The Company refused this request.
The I. B. E. W. and the Company have had collective bargaining
contracts since July 11, 1938. The last agreement between them be-
came effective on August 3, 1942, and provided that it should remain
in effect until July 31, 1943, and from year to year thereafter unless
notice of a desire to terminate is given by either party thereto not less
than 30 days prior to any annual expiration date. The contract fur-
ther provides that it may be terminated at any time after July 31,
1943, by 90 days' notice of either party thereto. The I. B. E. W. con-
tends that its contract constitutes a bar to the instant proceeding and
urges that the petition-be dismissed. Inasmuch as the contract expires
on July 31, 1944, and inasmuch as the contract has been subject to
termination by 90 days' notice from July 31, 1943, we find, the position -
of the I. B. E. W. to be untenable.
A statement of 'a Field' Examiner, of the 'Board, introduced into
evidence at the hearing, indicates that the United represents a sub-
1724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stantial number of employees in the unit hereinafter found to be appro-
priate.)
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 United urges that all hourly paid employees in the production
and maintenance departments of the Richmond plant of the Company,
including factory clerks, but excluding foreladies, foremen, assistant
foremen, office clerks, timekeepers, technical engineers, highly skilled,
testmen in inspection department, first aid personnel, draftsmen, safety
engineers, tool and die designers, watchmen, guards, policemen- and
patrolmen; time-study men, salaried employees, and foreladies' or
foremen's clerks who are confidential-employees, constitute an appro-
priate unit. The only controversy with respect to, the unit concerns
group leaders. The United requests that all such persons be excluded
from the -unit and the .Company and the I. B. E. W. that they be
included.
The Company employs between 25 and 30 group leaders. They are
the most capable employees in the respective groups and instruct
the various employees assigned to them. They are paid on an hourly
basis and receive about five cents more per hour than their subordi-
nates. Although they have no authority to, hire or discharge they are
required to issue reprimand slips when any employee in their group
violates company rules. In addition to making reports to their fore-
man with respect to the progress of other employees, they snake recom-
mendations for promotion of the personnel in their groups. They
are also charged with the duty of advising the foreman about defi-
ciencies in the work of their subordinates. We find that the group
leaders are supervisory employees, and as such, we shall exclude them
from the unit.
- We find that all hourly paid employees in the production and, main-
tenance departments at the Richmond plant of the Company, includ-
ing factory clerks, but excluding office clerks, timekeepers, technical
engineers, highly skilled testmen in inspection department, first aid
personnel, draftsmen, safety engineers, tool and die designers , watch-
men, guards , policemen and patrolmen, time-study men, salaried em-
1 The Field Examiner reported that the United presented 304 authorization cards , bearing
apparently genuine signatures of persons whose names appear on the Company 's pay roll
of April 16, 1944. There are approximately 661 employees in the appropriate unit. The'
I B E. W did not present any evidence of representation but relies upon its contract as.
evidence of its interest in the instant proceeding.
THE CROSSLEY CORPORATION 1725k
ployees, foreladies' or foremen's clerks who are confidential -employees,.
foreladies, foremen, assistant foremen, group leaders, and any 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 OP REPRESENTATIVES
We shall direct that the question concerning representation which"
has arisen be resolved by means of 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.
All parties request that probationary employees be deemed ineligible'
to vote. The probationary period lasts about 6 weeks and, during-
such period the probationary employees receive a slightly lower rate
of pay than the regular employees. Only about 40 to 50 percent of the
probationary employees become permanent employees. Accordingly,.
we find that such persons are ineligible to vote in the election. How
ever, any such employees who were employed during the pay-roll pe-
riod immediately preceding the date of the Direction, who become-
permanent -employees between said date and the date' of the election,,
are eligible to vote.
DIRECTION OF ELECTION
By virtue of aad pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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 The Crosley Cor-
poration, Richmond, Indiana, 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 Ninth 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 Di-
rection, including employees who did not work during said pay-roll!
587784--45-vol. 56-110
I.
1726 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 United Electrical, Radio & Machine Work-
ers of America, affiliated with the Congress of Industrial Organiza-
tions, or, by International Brotherhood of Electrical Workers, Local
B-1127,• affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither.