Columbian Carbon Co.

National Labor Relations Board - Board Decisions

Jul 14, 1943

51 N.L.R.B. 337 (N.L.R.B. 1943)

In the Matter Of MAGNETIC PIGMENT DIvisIoN OF COLUMBIAN CARBON
COMPANY and INTERNATIONAL UNION MINE, MILL & SMELTER'
PORKERS, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANI-
ZATIONS
Case No. R-5694.-Decided July 14, 19.43
Messrs. Paul A. Crouch and F. K. Sheldon, of New York City, and
Messrs. A. Harvitt and J. B. Regnesen, of Trenton, N. J., for the-
Company.
Samuel L. Rothbard, Esq., of Newark, N. J., by Mr. Clarence Talis--
man, and Mr. James P. Sweeney, of Trenton, N. J., for the Union.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by International Union Mine,,
Mill & Smelter Workers, affiliated with the Congress of Industrial
Organizations, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Magnetic Pigment Division of Columbian Carbon Company, Tren-
ton, New Jersey, herein called the Company,'- the National Labor-
Relations Board provided for an appropriate hearing upon due notice
before Eugene M. Purver, Trial Examiner. Said hearing was held
at Trenton, New Jersey, on June 28, 1943. The Company and the-
Union 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 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.
I A motion was made and granted at the hearing to amend the petition and other formal-
documents to set forth the name of the company , as above.
51 N. L. R. B., No. 70.
337
338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Columbian Carbon Company, a Delaware corporation, is engaged
in the production of iron-oxide pigments. It operates a plant located
at Trenton, New Jersey, known as Magnetic Pigment Division, with
which we are here solely concerned. During the year 1942 the Com-
pany used over $200,000 worth of raw materials, consisting of sulphuric
acid, iron, and alkalies, of which approximately 60 percent was shipped
from points outside the State of New Jersey. During the same period
the Company sold products valued at more than $1,000,000, of which
approximately 80 percent was shipped to points outside the State of
New Jersey.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union Mine, Mill & Smelter Workers, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 26, 1943, the Union requested recognition of the Company
as the exclusive bargaining representative of the Company's employees.
The Company refused unless and until the Union is duly certified as
such by the Board.
A statement of the Regional Director, introduced in evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found 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
In substantial accordance with an agreement of the parties, we find
that all production, maintenance, and power plant employees of the
Company at the Magnetic Pigment Division, including the assistant
in
The Regional Director reported that the Union submitted 88 designations of which 79,
bearing apparently genuine original signatures , correspond with names on the Company's
pay roll of June 8, 1943 , containing 135 names.
MAGNETIC PIGMENT DIVISION OF COLUMBIAN CARBON COMPANY 339
shipping clerks, but excluding the watchmen, the janitor, the store
keepers and assistant store keepers, the chief shipping clerk, labora-
tory and clerical, employees, foremen, assistant foremen, and any
other supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect 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
The Company contends that its employees presently in the armed
forces should be afforded an opportunity to vote by mail. To facili-
tate the procedure it offers to place a deadline of 14 days on the receipt
of ballots by mail from men in the military service stationed in this
country, and to waive votes from those in military service abroad.
The Union urges that the required delay would have an adverse
effect on production and that the Board should not accede to the
Company's request. Balloting by mail has frequently raised material
and substantial issues relating to the condition of- the ballot and the
election. On the other hand, actual returns from such mail balloting
have been relatively small.' The delays and difficulties incident
thereto have caused us to discontinue this practice since December
1941. We see no reason to depart from our usual policy 4 Accord-
ingly, we shall not provide for balloting by mail. However, we
recognize the right of employees in the armed forces to vote by grant-
ing eligibility to such of them as appear in person at the polls, as is
our usual practice.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit. The Union expressed the desire
to have eligibility to vote determined as of a date between the filing
of the petition and the time of the hearing. Since no substantial
reason appears for such deviation from our usual practice, the Union's
request is denied. Accordingly, employees eligible to vote will be those
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-
I Matter of Wilson & Co., Inc., 37 N. L. R. B. 944
I Matter o f R. C. Mahon Company, 49 N. L . R. B. 142; Matter of Contatiner Corporation
of .&mersoa. 49 N. L. R. B. 929.
540612-44-vol. 51-23
340- DECISIONS OF NIATIONAL LABOR RELATIONS BOARD.
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 Magnetic Pigment
Division of Columbian Carbon Company, Trenton, New Jersey, 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
Fourth 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 appro-
priate 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 temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves in person at the polls; but excluding any who have since quit or
been discharged for cause, to determine whether or not they desire to
be represented by International Union Mine, Mill & Smelter Workers,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining.