American Safety Razor Corp.

National Labor Relations Board - Board Decisions

Dec 30, 1942

46 N.L.R.B. 490 (N.L.R.B. 1942)

In 'the Matter of AMERICAN SAFETY RAZOR CORP. and UNITED ELEC-
TRIQIL , RADIO & MACHINE WORKERS or AMERICA , C. I. O. and GEM
INDEPENDENT EMPLOYEES ASSOCIATION
Case No. R-41677.-Decided December 30, 1942
Jurisdiction : razors and munitions manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition without Board certification, contract about to expire
not asserted as a bar by either of the parties, held no bar ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding supervisory employees, chief engineer, watchmen, guards,
and office and clerical employees ; stipulation as to.
Mr. Charles T. Douds, for the Board.
Mr. Frank Scheiner, of New York City, for the United.
Mr. Henry Mayer, of New York City,, for the Independent.
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 repre-
sentation of employees of American Safety Razor Corp., Brooklyn,
New York, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice.
On November 25, 1942,, before, a hearing was held, ,the Company,
the United, Gem Independent Employees Association, herein called
the Independent, and the Regional Director for the Second Region
(New York City), entered into a stipulation containing an agreed
statement of facts and expressly waiving the holding of a hearing
by the Board. On December 12, 1942, all the parties entered into an
amendment to the stipulation. The Board hereby approves the stipu-
lation, as amended.
Upon the entire record in the case, the Board makes the following:
46 N. L. R. B., No. 61.
490 -
AMERICAN SAFETY RAZOR CORP . 491
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY
American Safety Razor Corp. is a Virginia corporation with its,
principal place of business at Brooklyn, New York, where it is en-
gaged in the manufacture of safety razors, safety razor blades, and
munitions and parts thereof for the United States Government. The
Company uses raw materials valued in excess of $100,000 annually,
over 50 percent of which is shipped to it from points outside the State
of New York, and the Company sells finished products valued in
excess of $100,000 annually, over 50 percent of which is shipped to
points outside the State of New York. The Company admits that it
is engaged in commerce within the meaning of the National, Labor
Relations Act.
II. 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.
Gem Independent Employees Association is - an unaffiliated labor
organization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNIN G REPRESENTATION
The Independent and the Company are parties to an exclusive con-
tract which expires by its terms on January 31, 1943. On October 14,
1942, the United requested the Company to recognize it as the exclusive•
representative of the, Company's employees. The Company refused
this request until such time as the United is certified by the Board_
Neither the Company nor the Independent contends that the contract
is a bar to a present determination of representatives. Inasmuch as
neither of the parties to the contract plead it as a bar and inasmuch
as the contract expires in the immediate future, we find that it does
not constitute a bar to a determination of representatives at this time.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Sections 9 (c) and 2 (6) and (7) of the Act.
P'. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
production and maintenance employees of the Company, excluding
supervisory employees, the chief engineer, watchmen, guards, and
office and clerical employees, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9
(b) of the Act. -
492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF ,REPRESENTATIVES
We shall direct that the question concerning, representation be re-
solved. by an election by secret ballot among the employees within the
appropriate unit who. were employed, during the pay-roll period end-
ing November 6, 1942,' subject to the limitations and -additions set
forth in the Direction-of Election herein. ' ' t
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Safety
Razor Corp., Brooklyn, New York, 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 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 all 'employees
in the unit found appropriate in Section IV, above, who were em-
ployed during•tlie pay-roll period 'ending November 6, 1942, including
employees who did not work during 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,employees who have since, quit or
been discharged for cause, to determine whether they desire to be
represented by•United Electrical, Radio & Machine Workers of Amer-
ica, affiliated with, the Congress of Industrial Organizations, or by
Gem Independent Employees Association, for the purposes of col-
lective bargaining, or by neither.
I The parties stipulated that this pay roll be used to determine eligibility to vote.