American Norit Co., Inc.

National Labor Relations Board - Board Decisions

Mar 28, 1946

66 N.L.R.B. 1308 (N.L.R.B. 1946)

In the Matter of AMERICAN NORIT COMPANY, INC. and GAS, COKE
AND CHEMICAL WORKERS DIVISION OF INDUSTRIAL UNION OF MARINE
AND SHIPBUILDING WORKERS of AMERICA, CIO, LOCAL 32
Case No. 10-B-1687.-Decided March 28,1946
Mr. A. C. W. Bosman, of Jacksonville, Fla., for the Company.
Mr. Harvey G. Baker, of Jacksonville , Fla., for the CIO.
Messrs . J. L. Rhodes and S. L. McEbveen, both of Jacksonville,
Fla., for the AFL.
Mr. Oscar Geltman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Gas, Coke and Chemical Workers
Division of Industrial Union of Marine and Shipbuilding Workers
of America, CIO, Local 32, herein called the CIO, alleging that a
question affecting commerce had arisen concerning the representation
of employees of American Norit Company, Inc., Jacksonville, Florida,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Thomas T.
Purdom, Trial Examiner. The hearing was held at Jacksonville,
Florida, on January 4, 1946. The Company, the CIO, and Inter-
national Chemical Workers Union, Local No. 148, AFL, herein called
the AFL, appeared and participated. All parties were afforded full
opportunity to be heard, to examine and cross-examiiie 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 afforded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Norit Company, Inc., is a Florida corporation engaged at
a plant in Jacksonville, Florida, in the manufacture and sale of
66 N. L . R. B., No. 155.
1308
AMERICAN NORIT COMPANY, INC. 1309
activated carbon. During the year 1945, the Company purchased
raw materials consisting of charcoal, acid, and dicalite, valued in
excess of $100,000, of which 3 percent represented shipments to it
from points outside the State of Florida. During the same period,
the Company sold finished products valued in excess of $250,000, of
which approximately 90 percent represented shipments to points out-
side the State.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Gas, Coke and Chemical Workers Division of Industrial Union of
Marine and Shipbuilding Workers of America, CIO, Local 32, is a
labor organization , affiliated with the Congress of Industrial Organ-
izations, admitting to membership employees of the Company.
International Chemical Workers Union , Local No . 148, is a labor
organization , affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 1, 1945, the CIO's instant petition 1 for certification
of representatives of employees of the Company was received at
the Board's Regional office for the Tenth Region .2 Thereafter, by
letters which were received on December 6 or 7, 1945, the Board's
Regional Director notified the Company and the AFL.that this peti-
tion had been filed. At the hearing, the AFL intervened, and both
the AFL and the Company took the position that the present pro-
ceeding was barred because of existing contractual relations between
the AFL and the Company.
The Company and the AFL have maintained collective bargaining
relations since November 25, 19413 On that date they entered into
an exclusive bargaining agreement effective for 2 years from De-
cember 1, 1941, and thereafter subject to automatic renewal from.
year to year in the absence of notice given by either party at least
60 days prior to the yearly expiration date, of a desire to terminate
1On May 5, 1945, the CIO had written to the Company requesting recognition as
the bargaining representative of its employees , and on the same day had filed with the
Board a petition for certification of representatives of employees of the Company. The
Company replied , refusing to enter into negotiations with the CIO on the ground that
it was under contractual relations with the AFL. Thereafter , the CIO withdrew its
petition.
2 The petition was docketed December 3, 1945.
• At that time the AFL bore the name "Federal Labor Union No. 22072, Pine By-
Products and Chemical Workers Union, A. F. of L."
1310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the agreement. Under the renewal provision, and in the absence of
any notice of termination given by either party, the contract was
automatically renewed for 1-year periods commencing December 1,
1943 and December 1, 1944.
The record discloses that, while no formal notice of a desire to
terminate the agreement was given by either party prior to October
1, 1945, the next effective renewal date under the terms of the auto-
lnatic renewal provision, the parties met in November and again at
the beginning of December 1945,4 to discuss contract changes pro-
posed by the AFL. At the December conference, the AFL and the
Company's manager agreed upon certain changes. These were in-
corporated in a new contract which was signed by the AFT, and the
Company on December 8, 1945.5
It is clear that the 1911 contract has been supplanted by the new
agreement, and consequently constitutes no bar to the present pro-
ceeding.6 It is equally clear that the agreement signed December
8, 1945, constitutes no bar to this proceeding, inasmuch as that agree-
ment was executed after the CIO had filed its petition herein,? and
after the Company had received notice of the CIO's representation
claim." We conclude, therefore, that the present proceeding is not
barred by any existing contractual relations between the AFL and
the Company.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the CIO represents a substantial number of
employees in the unit hereinafter found appropriate .9
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.
TV. TIIE APPROPRTATE UNIT
We find, in agreement with the stipulation of the parties, that all
employees of the Company's Jacksonville , Florida, plant, including;
4 The December meeting occurred on or before December 4, 1945
G The new contract was dated December 1, 1945. Except for changes relating to wages,
vacations , and automatic renewal, its provisions are identical with those of the 1941
contract.
8 Matter of C H Dutton Company, 48 N L . It. B 27 ; Matter of Swift t Company.
58 N. L It. B. 1258. Cf Matter of Magnolia Petroleum Company, 57 N. L. It. B. 1714;
Matter of Blake Manufacturing Company, 59 N. L. R B . 13; Matter of Robert (lair
Company, Inc (Tonawanda Boxboards Division ), 64 N. L. R. B. 1.
7 See Matter of Portland Lumber Mills, 56 N . L R B. 1336; Matter of The Columbus
Bolt Works Company, 62 N. L. It. B. 978.
$ Matter of Eicor, Inc, 46 N L. R. B 1035 ; Matter of The Whitcomb Locomotive
Company, 60 N. I. R. B 1160
8 The Field Examiner reported that the CIO submitted 11 designation cards dated
November 1945 , 10 of which bore names of employees listed on the Company's pay roll
of December 12, 1945 , and that the AFL submitted 24 designation cards dated from 1939
to 1945, 22 of which bore names of employees listed on said pay roll . There are approxi-
mately 26 employees in the appropriate unit.
AMERICAN NORIT COMPANY, INC. 1311
the warehouseman in charge,10 but excluding office employees, clerical
employees, chemists, the general foreman, and all or any other super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
tively 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 OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among 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 Rela-
tions Act, and pursuant to Article III. Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Norit
Company, Inc., Jacksonville, Florida, 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 Director for the Tenth 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
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 tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding those employees 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 Gas; Coke and Chemical Workers Division of Indingtrial Union
of Marine and Shipbuilding Workers of America. CIO. Local 32, or
by International Chemical Workers Union, Local No. 148, AFL, for
the purposes of collective bargaining, or by neither.
10 This employee does not have supervlsoiy duties.