Catalin Corp. of America

National Labor Relations Board - Board Decisions

Sep 16, 1940

27 N.L.R.B. 292 (N.L.R.B. 1940)

N
In the Matter Of CATALIN CORPORATION OF AMERICA and CHEMICAL &
OIL WORKERS UNION, LOCAL 22026, A. F. OF L.
Case No. R=2029.Decided September 16, 1940
Investigation and Certification of Representatives : stipulation for certification
upon consent election
Mr. Shad Polier, for the Board.
McLanalan, Merritt, Ingraham di Christy, of New York City, for
the Company.
Mr. John Volosin, of Kearny, New Jersey, for the Chemical Union.
Union.
Mr. John C. Stockel, of Perth Amboy, New Jersey, for the Workers
Union.
Mr. D. M. Byrd, Ji'.. of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On May 1, 1940, Chemical & Oil Workers Union, Local 22026,
affiliated with the American Federation of Labor, herein called the
Chemical Union, filed with the Regional Director for the Second
Region (New York City), a petition alleging that a question affecting
-,commerce had arisen concerning the representation of employees of
Catalin Corporation of America, herein called the Company, en-
gaged in the manufacture and sale of Catalin materials at Fords,
New Jersey, and requesting an investigation and certification of
representatives, pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On June 5, 1940,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and provide for an appropriate hearing upon
due notice. On July 19, 1940, the Company, the Chemical Union.
27 N. L R B., No 60
292
CATALIN CORPORATION OF 'AMERICA 293
American Workers Union, Inc., herein called the Workers Union,
and the Regional Director, entered into a "STIPULATION FOR CERTIFI-
CATION UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on July 29,"1940, under the direction and supervision of the
Regional Director, among all hourly paid production employees of
the Company at its plant in Fords, New Jersey, including machinists,
but excluding clerical and office employees, foremen, superintendents,
and other supervisors, and all other salaried employees, who were
listed on the Company's pay roll for the week ending July 13, 1940,
to determine whether said employees desired to be represented for
the purposes of collective bargaining by the Chemical Union, or by
the Workers Union, or by neither.
On August 1, 1940, the Regional Director issued and duly served
upon the parties an Election Report on the ballot. In the Election
Report the Regional Director reported as follows concerning the
balloting and its results :
Total number eligible to vote__________________-------------------------------- 206
Total number of ballots cast ________________________________ 177
Total number of valid ballots______________________________ 175
Total number of votes in favor of Chemical & Oil Workers
Union, Local 22026, A. F. of L___________________________ 91
Total number of votes in favor of American Workers Union,
Inc ------------------------------------------------------ 80
Total number of votes in favor of neither organization ----_-- 4
Total number of blank votes -------------------------------- 1
Total number of void ballots--------------------------------- 0
Total number of challenged votes___________________________ 1
In view of the fact that counting of the challenged ballot was
not essential to determine the results of the election, the Regional
Director did not report or make any recommendation as to, its
disposition.
On August 6,.1940; the Company, and on August 8, the Workers
Union filed, "EXCEPTIONS TO ELECTION REPORT," requesting the
Regional Director to set aside the election and order a new election
on the grounds that the closing of the polls at 4 p. in. on July 29,
1940, pursuant to the election notices previously posted, did not give
an opportunity to all employees to vote, particularly those working
in the Machine Shop and Shipping Department.
.On August 28, 1940, the Regional Director issued a Report on
Objections, which was duly served on all parties, reporting her in-
vestigation of the matters set forth in the exceptions filed by the
Company and the Workers Union and pursuant to the powers vested
in the Regional Director-under the "STIPULATION FOR CERTIFICATION
UPON CONSENT ELECTION" dismissed said protest upon finding that
294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
no objections raised - substantial and material issue with, regard to,
the conduct of the election. In the Report on Objections, the
Regional Director stated that an investigation showed that notices
were posted by the Company in the machine shop and the shipping
department in which the employees were informed that they might
leave the factory at 3: 30 p. m. for the purpose of voting in the elec-
tion of the two competing unions, provided they wished to do so.
The Regional Director reported further than the investigation dis-
closed that men from all departments, including the machine shop.
and shipping department did vote, that every eligible employee had
an opportunity, if he wished to exercise it, to cast a ballot; and that,,
furthermore, no substantiation of the protest was submitted. -
Upon the basis of the stipulation, the Election Report, the Excep-
tions to Election, Report on Objections, and the entire record in
the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Catalin Corporation of America, Fords,
New Jersey, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All hourly paid production employees employed by the Com-
pany at its plant in Fords, New Jersey, including machinists, but
excluding clerical and office employees, formen, superintendents, as-
sistant superintendents, and other supervisors, and all other salaried
employees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) o$, the National
Labor Relations Act. -
3. Chemical & Oil Workers Union 22026,- affiliated with the Amer-
ican Federation of Labor, has been designated and selected by the
majority of the employees in the above unit as their representative
for the purposes of collective bargaining and is the exclusive repre-
sentative of all employees in said unit within the meaning of Section
9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that Chemical & Oil Workers Union, Local
22026, affiliated with the American Federation of Labor, has been
designated and selected by a majority of all hourly paid production
employees of the Catalin Corporation of America, employed at its
CATALIN CORPOR AT'ION OF AMERICA 295
plant in Fords, New Jersey, including machinists, but excluding'
clerical and office employees, foremen, superintendents, assistant super-
intendents, and other supervisors, and all other- salaried employees
as their representative for the purposes of collective bargaining, and
that pursuant to the provisison of Section 9 (a) of the Act, Chemical
& Oil Workers Union, Local -22026, affiliated with the American Fed-
eration of Labor, is the exclusive representative of all such employees
for the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment.