Western Electric Co., Inc.Download PDFNational Labor Relations Board - Board DecisionsJun 16, 195299 N.L.R.B. 746 (N.L.R.B. 1952) Copy Citation 746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD affiliated has set up a new local for Screen Process workers Local 1747 and, [Mr. Warren Jones] represents those who have trans- ferred to that local. The Employer and the Petitioner assert that neither the Union nor Local 1747 represents a majority of the employees herein. It is clear that as the Union is not now a functioning bargaining agent for the employees concerned, the contract is not a bar., More- over, the Union's unequivocal disclaimer of interest in the Employer's employees cancels whatever vitality its certificate as bargaining repre- sentative might otherwise possess.2 Nor is Local 1747 the successor in interest to the contract or to the certification, as the purported transfer of bargaining authority to it from the Union was accom- plished neither at the behest nor with the consent of the employees of the Employer.3 Accordingly, we find that as there is no certified or recognized bargaining representative at present, no question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) (A) (ii) and Section 2 (6) and (7) of the Act, and we shall therefore dismiss the petition. Order IT IS HEREBY ORDERED that the petition filed by Jeanne Phillips for decertification of Brotherhood of Painters, Decorators and Paper- hangers of America, Sign, Display and Pictorial Local Union 639, AFL, as bargaining representative of employees of Cleveland Decals, Inc., Cleveland, Ohio, be, and it hereby is, dismissed. I Southern Union Gas Company, 93 NLRB 736. 2 Central Optical Co. Inc., 88 NLRB 567. 8 Cf. Cadillac Automobile Company of Boston , 90 NLRB 460. WESTERN ELECTRIC COMPANY, INCORPORATED an4l INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETITIONER. C2se No. 34-RC-382. June 16, 1952 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Bernard L. Balicer, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-mem- ber panel [Members Houston, Styles, and Peterson]. 99 NLRB No. 118. WESTERN ELECTRIC COMPANY, INCORPORATED 747 Upon the entire record in the 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. No 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, for the following reasons: The Petitioner seeks a unit,of all hourly rated production and main- tenance employees manufacturing radio and allied products at the Employer's radio shop plant in Burlington, North Carolina. The Employer and the Intervenor contend that the unit sought is inappro- priate and that only a multiplant unit composed of the employees at its radio shop plants in Burlington, Winston-Salem, and Greensboro, North Carolina, is appropriate. The Employer is engaged in the manufacture of electronics and com- munications equipment. It maintains its principal office in New York City and operates plants in various parts of the United States. Gen- eral'company-wide policies for all of its plants are fixed at the home office in New York. However, various divisions of the Employer have substantial autonomy. One of these divisions is the radio ship di- vision which comprises the three plants in North Carolina here involved. The radio shop division produces electronics equipment primarily for the Armed Forces of the United States. The three plants involved manufacture the same type of end product and each plant manufac- tures certain parts used by the others.' The plants are geographically separated; 3 each plant maintains its own office, prepares it own pay- roll, keeps its own personnel records, does its own hiring and dis- charging, and has separate seniority ; and early stages of grievances are handled locally. There is little interchange of employees between the plants,' and transfers are made only upon the request of employees. However, the entire division is under the over-all supervision of a manager who, with his staff, maintains headquarters in Winston- Salem. All personnel and labor policies, working conditions, and I Communications Workers of America , CIO, herein called the Intervenor , was permitted to intervene at the hearing on the basis of its contractual relationship. ' Coils are manufactured only at the Winston-Salem and Greensboro plants ; piece parts and tools are made only at the Winston-Salem and Burlington plants ; and gears will be made only at Greensboro , upon completion of production plans currently being effectuated. These parts are used in the end product at all three plants. 8 The Winston -Salem and Burlington plants are about 58 miles apart, and the Greensboro plant is about halfway between them. There are about 2,700 , 1,300, and 700 production and maintenance employees in the Winston -Salem, Burlington , and Greensboro plants, respectively. 4 At times employees are lent by one plant to another for the purpose of setting up new jobs. This occurs infrequently. 748 DECISIONS OF NATIONAL LABOR RELATIONS BOARD terms and conditions of employment concerning the three plants are determined in the Winston-Salem office. The three plants have the same job classifications, hiring rates, wage schedules, working hours, pension plans, holidays, vacations, grievances procedure, personnel policies, and plant rules. The Winston-Salem and Burlington plants began operations in 1946. Following Board-conducted elections in an agreed single unit of the production and maintenance employees of both these plants, the Intervenor or its predecessor was certified on March 28, 1947,5 and on December 12, 1949,6 as bargaining representative, and con- tracts were executed covering the employees of the Winston-Salem and Burlington plants on a multiplant basis. On December 5, 1951, the Greensboro plant, which was established in November 1950, was included in the contract covering the Winston-Salem and Burling- ton plants., In view of the foregoing history of collective bargaining on a multi- plant basis and the functional and administrative integration of the radio shops at Winston-Salem, Burlington, and Greensboro, North Carolina, we believe that a unit limited to the employees of theyBur- lington plant, as requested by the Petitioner, is not appropriate.' We shall therefore dismiss the instant petition. Order IT IS HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. 'Cases Nos 5-R-2607 and 5-R-2737 . The certified union was the Southern Radio Equipment Workers, predecessor of the Intervenor. 8 Case No. 34-RC-164. The Petitioner was a party to the consent election agreements in this case and the cases mentioned in footnote 5, above. 7 This contract was not pleaded as a bar to this proceeding. 8 See e. g. Lever Brothers Company, 97 NLRB 1240 , and International Paper Company, Tonawanda Mill, 97 NLRB 764, and cases cited therein. KENNECOTT COPPER CORPORATION and INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS, AND ITS LOCAL 890, PETITIONER. Case No. 33-IfC-366. June 16, 19.52 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Alan Bruce, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Murdock and Peterson]. Upon the entire record in this case, the Board finds : 99 NLRB No. 110. Copy with citationCopy as parenthetical citation