Congoleum Nairn, Inc.

National Labor Relations Board - Board Decisions

Oct 12, 1945

64 N.L.R.B. 95 (N.L.R.B. 1945)

III the' Matter of CONGOLEUM-NAIRN; INC. and, INTERNATIONAL ASSO-
`CIA7=ION OF MACHINISTS, A. F. OF L.
,t Case No. 5-81862..-, Deeided,October 12,1915
Davies, Auerback, Cornell & Hardy, by Mr. Christopher W. Hoey,
of New York City, for the Company.!
Mr-.'J. E. Poulton, of Baltimore, Md., for the Union. 0
Mr. Stanley B. Korengold, of counsel to'the Board.
DECISION.,
AND
DIRECTION OF. ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Association
of Machinists; A. F. of L., herein called the Union, alle'ing that a
question affecting commerce had arisen concerning the representa-
tion of employees of Congoleum-Nairn, Inc., Cedarhurst, Maryland,
herein called the Company, the National Labor Relations Board pro-
vided 'for 'an appropriate hearing upon due notice before Earle K.
Shawe, Trial Examiner. Said hearing was held at Baltimore, Maiy-
land, on June 1,' 1945. The Company and the Union appeared and
participated. Alrparties 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.aflirmed. All
parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Congoleum-Nairn, Inc., is a Delaware corporation engaged in the
manufacture and distribution of,congoleum felts, and in the produc-
tion of. rockets and bazookas for the United States Navy. The Com-
pany operates plants at Kearney, New Jersey, Marcus Hook, Penn-
sylvania, and Cedarhurst, Maryland. The present proceeding in-
64 N'. L. R. B, No. 20. - -
95
96 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
volves only the Cedarhurst plant. During the year,1944 the Com-
pany purchased for its Cedarhurst plant raw materials exceeding
$200,000 in value, 50 percent of which was purchased and shipped
from points outside the State of Maryland. During the same year
the finished products manufactured and distributed from the Cedar-
hurst plant amounted to over $300,000 in value, 50 percent of which
was shipped to points outside the State of Maryland.
The 'Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATION ' INVOLVED • , .
International Association of Machinists, affiliated with the Ameri-
can Federation of Labor, is a labor organization admitting to menm-
bership employees of the Company:''
III. THE, QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive, bargaining representative of certain of the Company's
employees, until the, Union has, been certified by the Board in,an
appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.)
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c), and Section 2 (6). and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a bargaining unit limited to the employees en-
gaged in the Company's felt base, production at the Cedurhurst plant.
It contends that` the appropriate bargaining unit should consi$t of
all Hourly paid employees in the rag-cutting department, rag-beating
department, felt-making department, transportation department, and
warehousing department, including the sizing mixer and janitors of
the plant administration department, but excluding employees in the
power department, war job shop, rocket shop, and tube shop,'technical
employees, plant clericals, office clericals, watchmen, draftsmen, lab-
oratory employees,- and all supervisory employees within the Board's
customary definition. The Company,, however;'in addition to dis-
puting the exclusion of certain categories, hereinafter discussed, main-
T1ie Field Examiner reported that of the 139 employees in the unit petitioned for, the
Union submitted 90 authorization cards, 74 of which checked with the navies of persons
appearing,on the Company's pay roll of March 18, 1945.
CONGOLEUM-NAIRN, INC. 97
tains that its felt base and war p'r"oduction bperationss are so closely
integrated that only a plant''iv ide bargaining unit is appropriate. Ac-
cordingly, it Also would include,in tlre'appropriate bargaii ing unit all
hourly paid employees in the war job shop, rocket shop, and tube
shop. ' I , I ,
The record indicates that the Company's felt operation's, which,
are the normal peacetime'operation's' of the Company, consist of the
manufacture 'of -floor coverifig' arid' felt-filters; Whereas'the' war pro-
duction operations"involve the manufacture of aircraft`parts,'rockets,
and bazookas. The' nrailufacture of the felt products requires a con'-
siderable' amount of heavy work, necessitating the eriiployinent of
men in many of its operationg: The production of wai goods, on
the other hand, invol'ves' much' lighter tii ork aiid, 'therefore, Women
generally have been"hired in departn' e"iAs doing that work. The war
production' operations are,' in the main, physically segregated'from
the felt base operations ; they ' rrlaintaih separate otieratioiial cost rec-
ords; their employees are `subject to'iiiuch'closer` supervision than the
felt base workers; 2 and they utilize a greater number aiid wider variety
of machines than the felt base ' departments, 'and, consequently, have
more skilled jobs and more frequent upgrading of 'employees than
the latter departments. , There is ilo overlapping or integration ' of
supervision between the two operatiois, other than the plant super-
- mtendent and his assistant. Although the felt base eliiployees at
times work in the war production departments, they'do so voluntarily
only when the latter's production is behind 'schedule and after they
have.completed their regular shift in the felt- base operations; they
are never transferred to the war production departments in the per-
formance of their normal duties. It also appears that the Union
has limited its organizational activities to the felt base workers only;
the employees of the war production operations have, resisted the
organizing efforts of the Union.
In view of the above-mentioned facts, we are of the olnnion that
the Company's felt base employees may, presently constitute an ap-
propriate bargaining unit.3 Nor does the prospect of reconversion,
inherent in the termination of the war, derogate from the appropriate-
ness of such a, unit. At the time of the hearing it was not known when
the Company would resume its normal peacetime operations nor was
it known with any degree of certainty the number or the identity of
the war workers which the Company would subsequently retain for
transfer to such operations. We find, therefore, that the prospective
- In the war production departments each foreman supervises approximately 5 employees,
whereas in the felt base departments a foreman 'generally has about 40 nien under hi,
direction
3 See Matter of 'Aircooled Motor Corporation, 63 N L R B 1043 , Matter of Ward-
wicke-litter Company, 61 N L R. B 1208
11
670417-46-vol 64 8
98 DECISIONS OF, NATIONAL LABOR RELATIONS, BOARD
reconversion.of the, Company's war, production, operations affords, no
adequate reason at this time for not- confining, the appropriate unit to
-employees of the Company engaged in felt base production.
Laboratory employees: The ,C,ompany employs one laboratory tech-
nician, four testers, and a chief inspector, all of whom are hourly paid
employees who perform routine, tests for, the various sections of the
plant. These employees possess no particular, skills, having previously
been employed as regular production workers. In accordance with oui
customary policy, we find that laboratory,employees who make routine
tests are an' intimate part of the production process and properly
belong within the bargaining unit; we shall, therefore, include them 4
Plant clerical: The Company,employs one clerical worker who acts
as stores, assistant. He is in charge of all goods,in the, storeroom., He ,
keeps the records, receives newly purchased goods, and supplies the,
materials to the various departments. It Js our opinion that the
interests of the plant clerical are, sufficiently allied with those of the
production and maintenance employees to warrant his inclusion in
the bargaining, unit; accordingly, we shall include him .5
Watchmen: The Company ha s three persons who are employed as
watchmen for the plant. They make the rounds of the entire plant each
night, guarding against fire or intruders in any department. They are
neither militarized nor deputized. We shall include them in the ap-
propriate unit e
We find that all hourly paid employees in the rag-cutting, rag-
felt-making, plant maintenance, transportation, and ware-
housing departments, including the sizing mixer,'janitors, watchmen,4
plant clerical; and laboratory employees, but excluding all employees
in the power department, war job shop, rocket shop, and tube shop;
technical •employees, ,oflice, clericals, draftsmen, and all , supervisory
employees with authority to hire; promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend 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 shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the employ-
ees in the appropriate unit who were employed during the pay-roll
4 Matter of New Jersey Worsted Mills and Gera Mills, 63'N. L. R. B. 455 ; Matter of
Arrnstrong 'Tare & Rubber Company, 61 N. L R B 1503, Matter of 'Kinney A`lumenant
Company,, 60 N L. R. B. 1399
5 Matter of Vulcan Mold and Iron Company,'62 N. L R. B. 1219 ; Matter of Goodman
Manufacturing Company, 58 N. L R. B. 531.
e Matter of Tower Hosiery Mills, Inc., 58 N. L R. B 1053 ; Matter of North Carolina
Finishing Company and North Carolina Fabrics Corporation, 44 N. L. R. B. 681.
CONGOLEUM-NAIRN, INC. 99
period immediately preceding the date of the Direction' of Election
herein, subject to the limitations and additions set forth in the Direc-
tion.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
LaborRelations Board by Section 9 (c) of the National Labor Rela-
tions Act, itnd pursuant to Article- III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with' •Congoleum-
Nairn, Inc., Cedarhurst, Maryland, 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 Fifth 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 1mmediate] y•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 employees in the armed- forces of the United
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause and
have not"been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by Inter-'
- national Association of Machinists, A. ,F. of L., for the purposes of
collective bargaining.
CrIAIRMAN-HERZOG,took no part in the consideration of above Deci-
sion and Direction of Election.
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