Cortland Line Co., Inc.

National Labor Relations Board - Board Decisions

Oct 14, 1943

52 N.L.R.B. 1370 (N.L.R.B. 1943)

In the Matter of CORTLAND LINE COMPANY , INC. and UNITED
STEELWORKERS OF AMERICA , C. I. O.
Case No. 3-R-643--Decided October, 14, 1943
Mr. Louis H. Folmer, of Cortland, N. Y., for the Company.
Mr. Bert Danquer, of Syracuse, N. Y., for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America,
affiliated with the C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Cortland Line Company, Inc., Cortland, New
York, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Peter J. Crotty, Trial Examiner. Said hearing was held at Cortland,
New York, on September 27, 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 upon 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Cortland Line Company, Inc., a New York corporation, is engaged
at Cortland, New York, in the manufacture of parachute cord, tennis
rackets, and fish lines. During the year 1942, the Company used at
its Cortland, New York, plant, raw materials valued in excess of
$500,000, approximately 75 percent of which was shipped to the plant
52 N. L. R. B., No. 226.
1370
CORTLAND LINE COMPANY, INC. 1371
from points outside the State of New York. During the same period
the Company manufactured at its Cortland plant finished products
valued in excess of $500,000, approximately 75 percent of which was
shipped to points outside the State of New York. For the purposes
of this proceeding the Company admits that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
II. TIM ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In August 1943, the Union requested recognition as exclusive
bargaining agent for the Company's employees but the Company
refused to grant such recognition unless and until the Union was
certified by the Board.
A statement prepared by a Field Examiner, introduced in evi-
dence, 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 Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with a stipulation of the parties,
that all production and maintenance employees of the Company,
exclusive of superintendents, assistant superintendents, foremen,
foreladies, all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, office help,
guards, watchman, the two chief inspectors both of whom are in the
line department, the experimental department, the electrician and
the -sales force, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the
Act.
V. THIi DETERMINATION OF REPRESENTATIVES
The Company contends that employees whom it designates as "pro-
bationary" should not be permitted to vote in the election. The
1 The Field Examiner reported that the Union submitted 295 application-for-membership
cards, 257 of which bore apparently genuine signatures of employees whose names appear
on the Company's pay roll of August 23, 1943; there are 569 employees in the appropriate
unit.
1372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Union wishes such employees to vote. It appears that it is the Com-
pany's policy to regard all new employees as being on probation for
a period of 60 days. At the end of that time they automatically,
acquire the status of regular employees. There is no substantial dif-
ference in pay between probationers and regular workers, and a
change from the probationary to the regular status works no apparent
change either as to pay or working conditions. We find that proba-
tioners are entitled to vote in the election.2
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion herein, subject to the limitations and additions set forth in said
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-
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 Cortland Line
Company, Inc., Cortland, New York, 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 Third 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 immediately preced-
ing 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 any who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by United
Steelworkers of America, affiliated with the C. I. 0., for the purposes
of collective bargaining.
2 See Matter of Nineteen Hundred Corporation , 32 N. L R B. 327.