Caesar Manufacturing, Inc.

National Labor Relations Board - Board Decisions

May 29, 1943

49 N.L.R.B. 1394 (N.L.R.B. 1943)

In the Matter Of CAESAR MANUFACTURING, INC. and UNITED PHOTO-
GRAPHIC EMPP.OY :ES ' UNION, yLOCAL, '41^5, 'AFFILIATE D„ WITH, THE
C.I.O.
Case No. R--5953.Decided May .09, 1943
Mr. Meyer- Tobias, of New-York City, for the Company.
Messrs. David Lieberman and Mack Young, of New York City, for
the United.
Messrs. Louis Kleen and John A. Kapp, of New York City, for the
I. B. E. W. .
Mr. Herman J. DeKoven, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Photographic Employees Union,
Local 415, affiliated with the C. I. 0., herein called the United, alleging
that a question affecting commerce had arisen concerning the represen-
tation of employees of Caesar Manufacturing, Inc., New York City;
Herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before William T.
Little, Trial Examiner.'. Said hearing was held at New York City on
April 28,1943. The Company, the United, and International Brother-
hood of Electrical Workers, Local-No. 3, affiliated with the A. F. of L.,
herein called the I. B. E. W., appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The I. B. E. W.
moved to dismiss the petition on the principal grounds that there is an
outstanding contract between it and the Company, and that the mem-
bership application cards in the United were secured by the latter
from the employees through misrepresenation. The Trial Examiner
reserved ruling on the motion for the Board. For the reasons appear-
ing herein, we hereby deny the motion. ` The Trial Examiner's'rulings
at the hearing are free fromprejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
49 N. L. R. B., No. 194.
1394
CAESAR MANUFACTURING, INC.
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
1395
Caesar Manufacturing, Inc., a New York corporation, 'With its
principal office and place of business in New York'City, is engaged in
the manufacture of photographic enlarging machines. 'During the
year preceding April 15, 1941, the Company purchased and used in its °
operations materials valued in excess of $50,000, approximately 90
percent of which was shipped from points outside the State of New
York. During the same period, the Company manufactured finished
products valued in excess of $50,000, approximately 90 percent of which
was 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 Photographic Employees Union,,Local 415, affiliated with
the Congress of Industrial Organizations, and International Brother-
hood of Electrical Workers, Local No. 3, affiliated with the American
Federation of Labor, are labor organizations admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 1, 1943, the United advised the Company that it repre-
sented a majority,of the employees and requested recognition as their
bargaining agency. The Company replied that no dealings would be
had with the United unless and until it was, certified by the Board.
On July 1, 1942, the Company and the I. B. E. W. entered into a
,closed-shop contract effective until June 30, 1943, and from year to
year thereafter, unless terminated by either party upon written notice
given 90 days prior to the expiration date. The I. B. E. W. asseits
that this contract constitutes a bar to the present proceeding. Since
the initial term of the contract -is about to expire, and since the
United's claim of representation was made more than 90 days prior
to the expiration date, we find that the contract is not a bar to a
present determination of representatives.'
1See Matter of Angel Novelty Company and Upholsterers ' International Union of North
America, (A F L ), 48 N L R B 15; 117isconsin Motor Corporation and International
Union, United Automobile , Aircraft d- Agricultural Implement Workers of America
(C 1 0 ), 48 N L• A B 63
Nor do we find any merit in the contention of the I B E. W. that a "no -iaiding"
'agreement entered into on October 10, 1941, between the I B E w and "Local 1224,
United Electrical and Radio Machine Workers Union of America " constitutes a bar to the
present proceeding.
531047-43-vol 49--89
1396 DEICISIONS OF NATIONAL LABOR RELATIONS B101ARD
A statement of the Regional Director and the records of the
I. B. E. W., whicl^were introduced in evidence, disclose that the United
and the I. B. E. W. each represents a substantial number of employees
in the unit hereinafter found to be appropriate.2 1
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
In substantial 'agreement with the stipulation of the parties, we
find that all factory ,employees of the Company at its 'plant in New
York'City, including.shipping department employees, 'and working
foienien who- do not' have the power to' hire or discharge or the
authority to recommend the hiring ,or' discharge' of employees, but
excluding engineers, draftsmen, inspector in charge, purchasing de-
partment employees, office and clerical employees, and supervisory
employees with the power to hire or discharge or the authority, to
recommend the hiring or discharge of employees, 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
The United urges that the pay roll of March 16, 1943, be used
to determine eligibility to vote. The 1. B. E. W. requests that the
pay roll immediately preceding the date of the Direction of Election
be used. The Company takes no position in this regard. `
We do not believe that the record discloses any reason for depart-
ing•from our usual practice of using a current pay-roll date. ,Accord-
ingly, we shall, direct that the question concerning representation
2 On March 16, 1943, there were 23 employees in the unit hereinafter found to be
appropriate.
The Regional Director reported that the United presented 25 membership application
cards, and that 21 of such cards were dated February 1943 and bore the apparently
genuine signatures of 'persons appearing on the Company's pay roll of March 16, 1943,
in the unit hereinafter found appropriate.
The I B. E. W. asserted at the hearing that the United obtained the aforementioned
cards through misrepresentation , by promising the employees wage increases which
could not be secured under the rules of the War Labor Board . However, where, as in
the -instant case, the petitioning union seeks an election, and not certification upon
the record, we will not permit a party opposing the petitioner to go behind the
apparently genuine authorizations In the manner proposed by the I B. E W. See
Matter of Atlas Powder Company, Zapon Division and Local 12083, National Council of
Gas, Coke & Chemical Workers, 43 N. L. R B. 757 ; Matter of Joseph N. Blumberg, doing
business as D Blumberg if Son and Packinghouse Workers Organizing Committee,
C I. 0., 49 N. L. R. B., No. 120.
The records of the I. B. E W. admitted in evidence indicate that practically all the
employees appearing on the Company ' s pay roll of March 16, 1943, in the unit hereinafter
found appropriate , are dues-paying members of the I . B. E. W.
CAESAR MANUFACTURING, INC. 1397
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 Re-
lations 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 represent-
atives for the purposes of collective -bargaining with Caesar' Manu-
facturing, Inc., 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 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_didnot'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 e'=
eluding those employees who have since quit or been discharged for
cause, to determine whether they desire to be repre'sented' by United
Photographic Employees *Union, Local 415, affiliated with-the Con-
gress of Industrial Oragnizations, or by International Brotherhood
of Electrical Workers, Local No. 3, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining, or by
neither. ,
F