Bakelite Corp.

National Labor Relations Board - Board Decisions

Nov 23, 1943

53 N.L.R.B. 824 (N.L.R.B. 1943)

In the Matter of BAKELITE CORPORATION and UNITED GAS, COKE &
CHEMICAL WORKERS or AMERICA, C. I. O.
Case No. 4-R-1258.-Decided November 23, 1943
.Mr. William C. Treanor, of New York City, for the Company.
Messrs. Samuel L. Rothbard and David Elliot, of Newark, N. J., for
the C. I. O.
Mr. Sanford Looker, of Bound Brook, N. J., 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 Gas, Coke & Chemical Workers
of America, C. I. 0., herein called the C. I. 0., alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Bakelite Corporation, Bound Brook, New Jersey, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due xiotice before Eugene M. Purver,
Trial Examiner. Said hearing was held at Brunswick, New Jersey,
on November 8, 1943. At the commencement of the hearing the Trial
Examiner granted a motion of Independent Union of Bakelite Work-
ers, herein called the Independent, to intervene. The Company, the
C. I. 0., and the Independent appeared at and participated in the
hearing, and 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 afforded 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
Bakelite Corporation is a New Jersey corporation operating a plant
at Bound Brook, New Jersey, where it is engaged in the manufac
53 N. L. R. B., No. 152.
824
BAKELITE CORPORATION 825
ture of bakelite and vinylite plastics and allied products. The Com-
pany purchases raw materials for use at its Bound Brook plant valued
in excess of $500,000, annually, over 50 percent of which is shipped
to it from points outside the State of New Jersey. During the same
period the Company manufactures products valued in excess of $500,-
000, over 50 percent of which is 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 ORGANIZATIONS INVOLVED
United Gas, Coke & Chemical Workers of America is a labor organi-
zation affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
Independent Union of Bakelite Employees is an unaffiliated labor
organization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 23, 1943, the C.I. O. requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
Company's employees. The Company refused this request.
On September 24,1943, the C. I. O. filed its petition herein. There-
after the Company and the Independent entered into an exclusive
bargaining contract. Inasmuch as the C. I. O. filed its petition prior
to the execution of the contract, we find that the contract does not
constitute a bar to the instant proceeding.
A statement' of the Regional Director, introduced into evidence at
the hearing, indicates that the C. I. O. 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, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with a stipulation of the parties, that all
hourly paid production, maintenance, and auxiliary employees at the
Bound Brook plant of the Company, excluding office and clerical
employees, guards, salaried employees who perform administrative,
professional, or technical duties, and all supervisory employees with
authority to'hire, promote, discharge, discipline, or otherwise effect
'The Regional Director reported that the C.' I. O. presented 488 application membership
cards bearing apparently genuine •signatures of persons whose names appear on the October
16, 1943, pay roll of the Company. There aie approximately 1,513 employees in the appro-
priate unit . The Independent did not present any evidence of membership among, the
employees in the unit but relies upon a prior certification by the Regional Director as
evidence of its interest among such employees.
826 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
changes in the status of employees, or effectively 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 find that the question concerning representation 'which has
arisen can best be resolved by means of an election by secret ballot.
The C. I. O. urges that the pay roll of September 24, 1943, be used to
determine eligibility to vote. Inasmuch as no reason appears as to
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 pre-
ceding the date of the Direction of, Election herein, subject to the
limitations and additions set forth in the Direction.
The Company employs approximately 55 persons whom the parties
agree are part-time employees in that they work less than 32 hours
per week.2 'The C. I. O. and the Independent urge that they be
deemed ineligible to vote. The Company took no position with re-
spect to their eligibility. The part-time employees are school boys,
housewives, and employees who have regular employment elsewhere.
All of the part-time employees work a scheduled number of hours per
week on given days and are not hired for any specific task but to per-
form regular production and maintenance duties. Employees who
do sufficient work to give them an interest in the conditions of employ-
ment also have a sufficient interest in the outcome to entitle them to
vote in an election. The principle is no less applicable in the case
of part-time employees who also happen to have regular employment
elsewhere, for this circumstance alone, can neither destroy nor reduce
the rights which such employees would otherwise have to participate
in the selection of a bargaining representative.a We, therefore, find
that the part-time employees employed by the Company at its Bound
Book plant should be eligible to vote in the election.
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 2, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bakelite Corpora-
T There are about five other employees who work more than 82 hours a week but less
than the number of hours of employees who work a full workweek.
8 Matter of Wagner Foiling Box Corporation , 49 N. L. R. B., 346.
BAKELITE CORPORATION 827
tion, Bound Brook, New Jersey, an election by secret ballot shall be con-
ducted 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 Fourth 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
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 wlw present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause :and
who have not been rehired or reinstated prior to the date of the
election, to determine whether they desire to be represented by United
Gas, Coke & Chemical Workers of America, C. I. 0., or by Independ-
ent Union of Bakelite Workers, for the purposes of collective bar-
gaining, or by neither.