Gemloid Corp.

National Labor Relations Board - Board Decisions

Jan 9, 1947

71 N.L.R.B. 1448 (N.L.R.B. 1947)

In the Matter of GEMLOID CoRPOR ATION, EMPLOYER and PLASTIC EM-
PLOYEES UNION, ALLIED TRADES COUNCIL, A. F. L., PETITIONER
Case No. 2-R-7071.-Decided January 9, 1947
S7zlivek d Brin, by Mr. Max Shlivek, of New York City, for the
Employer.
I11r. Harold L. Luxemburg, of New York City, for the Petitioner.
Mr. Robert A. Reber, of New York City, for the Intervenor.
Mr. Benjamin E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon an amended petition duly filed, hearing in this case was held
at New York City, on November 6, 1946, before Sidney Reitman,
hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Gemloid Corporation, a New York corporation, maintains its prin-
cipal office and place of business at Elmhurst, Long Island, where it
is engaged in molding, fabricating, and welding themoplastic items.
During the past 12 months, the Employer purchased materials valued
at more than $10,000, 50 percent of which was shipped to its plant
from points outside the State of New York. During the same period,
the Employer manufactured finished products valued at more than
$1,000,000, more than 50 percent of which was shipped to points out-
side the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
71 N. L. R. B., No. 235.
1448
GEMLOID CORPORATION 1449
International Association of Machinists, Lodge 797, herein called
the Intervenor, is an unaffiliated labor organization, claiming to repre-
sent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
The Intervenor asserts that an existing collective bargaining agree-
ment with the Employer is a bar to this proceeding. The record dis-
closes that the Intervenor and the Employer entered into a collective
bargaining contract on December 31, 1945, for a period of 1 year and
from year to year thereafter, in the absence of a request by either
party to terminate the agreement at least 30 days before any anni-
versary date. On September. 12, 1946, the Petitioner requested recog-
nition of the Employer as exclusive bargaining representative of em-
ployees of the Employer. On October 11, 1946, it filed its amended
petition with the Board. Inasmuch as the amended petition was filed
before the operative date of the automatic renewal clause in the 1945
contract, we find that the agreement is not a bar to this proceeding.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accord with an agreement of the parties, that
all production, maintenance, and shipping employees of the Employer,
excluding clerical employees, sales engineers, engineers, foremen, fore-
ladies, and 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, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining 'with Gemloid Corporation, Elmhurst,
Long Island, 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 Direc-
tor for the Second Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
1450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, 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 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 they desire to be represented by
Plastic Employees Union, Allied Trades Council, A. F. L., or by Inter-
national Association of Machinists, Lodge 797, for the purposes of
collective bargaining, or by neither.