Acweltone Corp.

National Labor Relations Board - Board Decisions

May 2, 1945

61 N.L.R.B. 850 (N.L.R.B. 1945)

In the Matter of ACWELTONE CORPORATION and UNITED OFFICE AND
PROFESSIONAL WORKERS OF AMERICA, LOCAL ' 1, C. I. O.
Case No. 2-R-036.-Decided May 2, 194.5
Mr. Daniel Arvan, of New York City, for the Company.
Boudin, Cohn & Glickstein, by Mr. I. Phillip Sipser, of New York
City, for the Union.
Mr. Herbert C. Kane, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Office and Professional Work-
ers of America, Local 1, C. I. 0., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Acweltone Corporation, New York City, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before David H. Werther,
Trial Examiner. Said hearing was held at New York City, on Febru-
ary 21, 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 evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were af-
forded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Acweltone Corporation is a New York corporation having its prin-
cipal place of business in New York City, where it is engaged in the
production, sale, and distribution of lithographic products. During
the past 12 months the Company purchased more than $50,000 worth
of raw materials, consisting principally of paper and ink, more than
61 N. L. R. B., No. 137.
850
ACWELTONE CORPORATION 851
15 percent of which was shipped to its plant from points outside the
State of New York. During this same period the Company sold more
than $50,000 worth of finished products, more than 15 percent of which
was shipped to points outside the State .of New York.
The Company admits for the purpose of this proceeding that it is
engaged in commerce within the meaning of-the National Labor Rela-
tions Act.
II. THE ORGANIZATION INVOLVED
United Office and Professional Workers of America, Local 1, affili-
ated with the Congress of Industrial Organizations, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board 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 em-
ployees in the unit hereinafter found appropriate.'
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 parties agree generally that a unit of all office clerical employees
excluding supervisory employees would be appropriate. The only
dispute centers around two messengers and Frances Korrins, all of
whom the Union would include and the Company exclude.
There is one full-time and one part-time messenger. They are
stationed in the corridor outside the office and sent on errands by the
office employees and, at times, by the plant superintendent. The part-
time messenger does some filing. They are under the supervision of
the office manager and are on the office pay roll. We find that their
duties and interests are closely related to those of the office employees;
we shall therefore include them in the unit.
The Union requests that Frances Korrins be included in the unit of
office clerical employees of the Company; in the alternative, the Union
requests that if she is not so included, a separate unit of office clerical
I The Field Examiner reported that the Union submitted 15 authorization cards ; that the
names of 11 persons appearing on the cards were listed on the Company 's pay roll list tele-
phoned to the Field Examiner , January 12, 1945 , which contained the names of 13 em-
ployees in the appropriate unit ; and that the cards were dated , 7 in November 1944, 6 in
December 1944 , 1 in January 1945 , and 1 was undated.
852 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees of The Frontenac Grill, Inc. be found appropriate and
that she be included therein. Although previously employed by the
Company, Korrins was transferred to the pay roll of The Frontenac
Grill, Inc., a separate corporation, on about December 16, 1944. Since
Korrins is no longer an employee of the Company, but of The Fron-
tenac Grill, Inc., we shall exclude her from the unit. Further, since
she is the only office clerical employee of The Frontenac Grill, Inc.,
a unit of office clerical employees of The Frontenac Grill, Inc., is
inappropriate for collective bargaining purposes under a well estab-
lished principle of the Board.2
We find that all office clerical employees of the Company, including
messengers, but excluding all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Company contends that the part-time messenger should not be
allowed to participate in the election since he is a part-time employee.
The record discloses that he is a regular part-time employee and that
the Company now intends to keep him for an indefinite period of time.
We shall allow him to participate in the election.
The petitioner requests that the pay roll immediately prior to the
hearing date be used to determine eligibility. No sufficient reason
appearing for such request, we shall direct that the question concern-
ing representation which has arisen be resolved by 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.
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 National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
Dn ECTEi that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Acweltone Corpo-
ration, New York City, an election by secret ballot shall be 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
2 Matter of Steamer Service Company , 58 N. L. R. B. 632, and cases cited therein.
ACWELTONE CORPORATION 853
Director for the Second 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
Direction, including employees who did not work during the said pay-
roll 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
or not they desire to be represented by United Office and Professional
Workers of America, Local 1, C. I. 0., for the purposes of collective
bargaining.
CHAIRMAN Maass took no part in the consideration of the above
Decision and Direction of Election.