48 N.L.R.B. 528 (N.L.R.B. 1943)

Condenser Corp. of America

National Labor Relations Board - Board DecisionsMar 25, 1943

48 N.L.R.B. 528 (N.L.R.B. 1943)

In the Matter Of CONDENSER CORPORATION OF AMERICA and LOCAL B-1041, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A. F. OF L. Case No. R-4993-Decided March 25,194 3 Jurisdiction : electrical products manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to recognize, the union until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : maintenance, boiler room, shipping, and receiving employees, and porters, and specified exclusions ; no controversy as to. Lord, Day cfi Lord, by Mr. Kenneth E. Ryan and Mr. Sidney S. Coggan, of New York City, for the Company. Mr. William Beedie, of Matawan , N. J., and Mr. Frank A. Diana, of South Plainfield, N. J., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition duly filed by Local B-1041, International Brotherhood of Electrical Workers, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Condenser Cor- poration of America, South Plainfield, New Jersey, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Daniel Baker, Trial Examiner. Said hearing was held at New York City on March 10, 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. Upon the entire record in the case, the Board makes the following : 48 N. L. R. B., No. 65. 528 CONDENSER CO 'RPO'RAT 'ION^ OI' - AMERICA -FINDINGS OF FACT' 1. THE BUSINESS OF THE COMPANY' 529 Condenser Corporation of America-is a New York corpor,ation,oper- ating a' plant at`South Plalnfiefct, New-Jersey, where it is engaged' in- the manufacture of electrical condensers. About 90 percent, of all raw materials used by the Company is shipped to it from points outside the State of New Jersey. The Company's finished products are sold through its parent corporation, the Cornell Dubilier Corporation, and are valued at about $3,000,000 annually. Approximately 90 percent of the finished products sold by Cornell Dubilier Corporation is shipped from the' Company's plant to points outside the State of New Jersey. H. THE ORGANIZATION INVOLVED Local B-1041, International Brotherhood of Electrical Workers; is., a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union, as the ,exclusive rep- resentative of certain of the Company's employees until, such time as the Union is certified by the Board. - A statement of the Regional Director, introduced into evidence during the hearing, indicates that the Union 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT t The Union urges that all maintenance, boiler room, shipping, and receiving employees, and porters at the South Plainfield plant of the Company, excluding watchmen, guards, supervisors, and office and administrative'employees, constitute an appropriate unit. The Com- pany took no position with respect to the unit. Evidence Introduced 1 The Regional Director reported that the Union presented 35 membership application cards bearing apparently genuine signatures of persons alleged to be in the appropriate unit. The cards were not checked against a pay loll of the Company because' of the Com- pany 's failure to submit its pay ioll' There are approximately 41 employees in,the appro- priate unit. 530 DECISIONS; OF. NATIONAL , LABOR , RELATIONS - ,BOARD' at the hearing indicates that the employees claimed by the Union are closely related - from a functional standpoint. 1, 1 We find that all maintenance , boiler -room, shipping , and receiving employees , and porters at the South Plainfield plant of the Company, excluding watchmen , guards, supervisors , and office and administra- tive employees , constitute a unit appropriate for the purposes of col- lective bargaining , within the meaning of Section 9 , (b), of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of 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 ofÂ°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 Condenser Cor- poration of America , South Plainfield , 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 Second Region, acting in this matter as agent for the National Labor Rela- tions 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 any such 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 Local B-1041, International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor,, for the ^purposes of collective bargaining.