Delta Match Corp.

National Labor Relations Board - Board Decisions

Feb 13, 1953

102 N.L.R.B. 1400 (N.L.R.B. 1953)

1400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
expects to hire about 4 more employees in January, and about 7 in
February. It hopes to have 50 to 55 employees in the unit by July,
and between 60 and 65 by December 1953. The Employer -stated that
the Denver branch has need now for 35 employees, but because of the
lack of suitable candidates, and the capacity of its training program,
it has been unable to staff the branch to that extent.
We believe that the working force which will be employed when the
election directed herein is held, will be a substantial and representa-
tive segment of the employees to be employed in the voting group for a
reasonable time in the future. We therefore see no reason for depart-
ing from the Board's usual policy of directing an immediate elec-
tion.' Accordingly, the Employer's motion to dismiss is hereby
denied.
[Text of Direction of Election omitted from publication in this
volume.]
'Hollywood Maxwell Co., 97 NLRB 70; Ford Motor Company, Aircraft Engine Division,
96 NLRB 1075; Bell Aircraft Corporation, 96 NLRB 1211 ; R. P. Scherer Corporation,
Hypos pray Division, 95 NLRB 1426.
DELTA MATCH CORPORATION 1 and UNITED GAS, COKE & CHEMICAL
WORKERS OF AMERICA, CIO, PETITIONER . Case No. 15-RC-862.
February 13, 1953
Decision and Direction of Election
Upon a petition duly filed under Section 9 (a) of the National Labor
Relations Act, a hearing was held before Fred A. Lewis, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Murdock and Peterson].
Upon the entire record in this case, the Board finds :
1. The Employer contends that the Board lacks jurisdiction be-
cause it is not engaged in commerce within the meaning of the Act.
The record discloses that, although the plant is new and no goods
have as yet been produced for shipment in interstate commerce, ma-
chinery valued at approximately $1,600,000 has been purchased from
Sweden, and chemicals valued at approximately $25,000 have been
purchased from Europe. The Employer expects to produce goods
1 The name of the Employer appears as amended at the hearing.
102 NLRB No. 149.
DELTA MATCH CORPORATION 1401
valued in excess of $2,000,000 annually, of which 85 percent will be
sold outside the State of Louisiana. The anticipated out-of-State
sales more than exceeds the minimum requirement for the exercise of
jurisdiction recently adopted by the Board. Under these circum-
stances, we find that the Company's operations affect commerce within
the meaning of the Act, and that the policies of the Act will be effect-
uated by exercising jurisdiction in this case 2
2. The labor organizations involved claim to represent certain em-
ployees of the Employer .3
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. We find, substantially in accord with the stipulation of the par-
ties, that the appropriate unit comprises all production and mainte-
nance employees at the Employer's Kenner, Louisiana, plant, including
truck drivers and janitors, excluding office and plant clerical em-
ployees, guards, watchmen, professional employees, and supervisors
as defined in the Act.
5. It is contended by the Employer that the petition is prematurely
filed in view of the fact that the present employe complement is less
than 50 percent of the 220 employees anticipated in December 1953,
and because these employees are not sufficiently representative of the
ultimate complement. The record discloses that the Company is
presently engaged in installing machinery and making trial runs pre-
paratory to producing matches for the market. The company vice
president testified that at the date of the hearing, December 29, 1952,
102 employees were employed, and that subsequent hiring will add to
the Company's employee complement as follows: 110 by April 1, 1953;
150 by July 1, 1953; 190 by October 1, 1953; and 220 by December 1,
1953. Of the work classifications anticipated, all but that of electrician
are currently represented. Upon the entire record in this case, we
find that the employees presently employed are substantially repre-
sentative segments of all employees to be employed when the plant will
be in complete operation on December 1, 1953. Accordingly, we shall
adhere to Board policy and direct an immediate election 4
[Text of Direction of Election omitted from publication in this
volume.]
3 New London Mills, Inc, 91 NLRB 1003. That the Company is a wholly owned sub.
sidiary of a Swedish corporation is immaterial to the assertion of jurisdiction as it is
authorized to and does engage in business in the State of Louisiana . See The Royal Bank
of Canada, 67 NLRR 403
8 Ship Carpenters , Caulkers & Joiners Local No. 584 , United Brotherhood of Carpenters
& Joiners of America, AFL, was permitted to intervene on the basis of adequate showing of
interest.
4 Chrysler Corporation , Michaud Ordnance Plant, 98 NLRB 1105. See also, Metropolitan
Life Insurance Company, 93 NLRB 381.