Allen B. Du Mont Laboratories, Inc.

National Labor Relations Board - Board Decisions

Jun 11, 1943

50 N.L.R.B. 435 (N.L.R.B. 1943)

In the Matter of "ALLEN B. Du MONT LABORATORIES, INC: and SPECIAL
POLICE GUARDS UNION, LOCAL, #23318, A. F. OF L.
Case No. R-5408.-Decided June 11, 19/3
Ernst, Gale, Beinays, Falk d Eisner, by Mr. Edwin A. Falk, of
New York City, for the Company.
Mr. Jacob Friedland, of Jersey City, N. J., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Special Police Guards Union, Local.
#23318, A. F. of L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of'Allen B. Du Mont Laboratories, Inc., Passaic, New Jersey;
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Cyril W.
O'Gorman, Trial Examiner. Said hearing was held at Passaic, New
Jersey, on May 24, 1943. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Allen B. Du Mont Laboratories, Inc., is a Delaware corporation
with its principal office at Passaic, New Jersey. The Company oper-*
ates plants at Passaic and Clinton, New Jersey, with which we are
here concerned, where it is engaged in the manufacture, sale, and
distribution of cathode ray tubes, oscillographs, and communieative-
I
50 N. L. R B., No. 68. - I
435
11
436 DEClISIONS OF NATIONAL, LABOR RELATIONS BOARD
equipment . During the 12-month period preceding May 24, 1942, the
Company purchased raw materials valued ' at about $1 ,000,000, ap-
proximately 33 percent of which was shipped to it from points outside
the State of New Jersey. During the same period , the Company
sold finished products valued in excess of $1,500,000 , about 75 percent
of which was shipped to points outside the State of New Jersey.
,The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Special Police Guards Union, Local' #23318; is a labor-,organiza
tion affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its guards until such time as the
appropriate unit is determined by the Board. -
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.,.
We find that a question affecting commerce has arisen concerning
,the representation of employees 'of the Company, withiii the ti eanilig
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT'
The Union urges that all guards at the Passaic and Clifton plants
of the Company, excluding the chief guard, constitute an appropriate
unit. The Company took no position with respect to the unit.
The guards employed by the Company are uniformed, armed, and-
sworn auxiliary military police., The guards inspect all trucks enter-
ing and leaving the premises of the Company, examine credentials
of all employees, and carry out orders transmitted to the Company
by the United States Army and Navy. Thus, the guards form a well-
defined homogeneous group.
We find that all guards at the Passaic and Clifton plants of the
Company, excluding the chief guard, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the Act.
I The Regional . Director reported that the Union presented . 8 authorization cards bear=
ing apparently genuine signatures of -persons, whose names ' appear on the Company's pay
roll of April 12, 1943. There are approximately 15 employees in the appropriate unit.
ALLEN• B. DU MONT LABORATORIES, INC. , 437
V. TIIE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
-arisen can, best be resolved by means of an election by secret ballot.
The Union,urges that the pay roll of May 5, 1943, be.used to deter-
mine eligibility.to vote. The : Cpmpany requests that a current pay
roll be used for that purpose. Inasmuch as no reason appears why
we should depart from our usual practice, we shall direct that the
employees eligible to vote shall be those within the appropriate' unit
who' were employed during the pay-roll period immediately preced-
ing the date of the Direction'of Election herein, subject to the'limita-
tions and additions set forth in the Direction.
The Union requests that it appear on the ballot as "American Fed-
e>;ation of Labor." The request is hereby granted.
DIRECTION OF ELECTION-
By virtue of kind pursuant to•tl e 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 Rela-
tions Board Rules and Regulations-Serie^ 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Allen B. Du Mont
Laboratories, inc., Passaic, New Jersey, 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 super-
vision of the Regional Director for the Second Region, acting in this
matter as agent. for the National Labor Relations Board, and subject
to Article III, Section 10, 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
said pay-roll period because they were ill -or 'on vacation or tempo-
rarily 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, to
determine wvhether-or not they desire to be represented' by American
Federation of Labor for' the purposes of collective bargaining.
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