Great Lakes Carbon Corp.

National Labor Relations Board - Board Decisions

Sep 17, 1942

44 N.L.R.B. 70 (N.L.R.B. 1942)

In the Matter of GREAT LAKES CARBON CORPORATION ..and NATIONAL
COUNCIL OF GAS, COKE AND CHEMICAL WORKERS, LOCAL 12327
Case No. R-41 172.-Decided September 1'7, 194.2
Jurisdiction : electrode manufacturing industry.
Practice and Procedure : petition dismissed where no question concerning repre-
sentation existed; exclusive bargaining contract of reasonable duration held
to constitute a bar notwithstanding a considerable shift of membership from
contracting to petitioning union.
Mr. F. B. Thacher , of Niagara Falls, N. Y., for the Company.
Mr. David Diamond , of Buffalo , N. Y., for the National Council.
Mr. Edward D. Flaherty , of Buffalo , N. Y., for the U. M. W.
Mr. A. Sumner Lawrence , of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by National Council of Gas, Coke, and
Chemical Workers, Local 12327, herein called the National Council,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Great Lakes Carbon Corporation,
Niagara Falls, New York, herein called the Company, the National'
Labor Relations Board provided for an appropriate hearing upon due
notic? before Peter J. Crotty, Trial Examiner. Said hearing was
held at Niagara Falls, New York, on August 13,.1942. The Company,
the National Council, and United Mine Workers of America District
50, Chemical Division, C. I. 0., herein called the U. M. W., appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine 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.
44 N L R. B, No. 11.
70
GREAT LAKES CARBON CORPORATIo 71
Upon Ithe entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Great Lakes Carbon Corporation is a Delaware corporation with a
place of business and plant, the only one involved in this proceeding,
at Niagara Falls,-New York,-where the Company -is engaged in the
manufacture of graphite- and amorphous electrodes.- During the first
6 months of 1942, the Company used at its Niagara Falls plant, raw
-materials of a value in excess of $200,000, of which 90 percent was
shipped,to it from points outside the State of New York. During the
same period, the Company shipped from its Niagara Falls plant fin-
ished products of value in excess of $200,000, of which 90 percent was
-shipped to points-outside the State of New York. The Company ad-
mits that it is engaged in commerce within the meaning of the Act.
II. THE ORGANIZATIONScINVOLVED
National Council of Gas, Coke and Chemical Workers and its local
-12327, are unaffiliated labor organizations, admitting to membership
employees of the Company. -
United Mme Workers of America, District 50, Chemical Division,
and its local 12327, are labor organizations admitting to membership
employees of the Company. -
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
On July 2 and 25, 1942, respectively, the National Council and the
X. M. W. severally, requested that the Company bargain collectively.
The Company declined to bargain with either union until certified by
the Board.,
The U. M. W. contends that the present proceeding is barred by
reason of a contract outstanding between the. Company and the
U. M. W. The contract, which is an exclusive bargaining agreement
- covering the Company's production and maintenance employees, was
signed on February 2, 1942, and will continue in -force until February
2, 1943, subject to termination upon thirty (30) days' notice prior to
the expiration of the contract. On June 5,-1942, a portion of the mem-
bership of the U. M. W. local at the Company's plant, voted to sever
relations with the U. M. W. and to affiliate with the National Council.
The National Council thereafter attempted to bargain with the Com-
pany and also filed the present petition for certification. The U.M. W.,
on the other hand, has since organized a new local and claims
that it is entitled to enforce the contract as exclusive bargaining
representative.
72 DECISIONS OF-NATIONAL LABOR RELATIONS BOARD
Inasmuch as it appears, that, nothwithstanding a considerable shift
of membership, the U. M. W. still retains as members a substantial
number of employees sufficient to` administer the present contract with
the Company,' we are of opinion that the Board, in furtherance of
the purposes of the Act to attain stabilized labor conditions in indus-
try:through collective bargaining agreements,, should not proceed to
:an investigation and certification of representatives during the 'term
of•the contract between. the Company and the U. M. W.2'
We shall, accordingly, dismiss the petition of the National, Council
for an investigation and certification of representatives. This dis-
Missal, however, is without prejudice to the, right of the National Coun-
cil to, renew the petition at a reasonable time .before February •2, 1943,
.the. date on which the, contract will be renewed unless altered "or ter-
minated in accordance with its provisions.
Upon ,the basis of the' above findings of .fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
No question concerning .the representation of employees of Great
Lakes Carbon Corporation,, Niagara Falls, New York, exists within
the meaning of Section 9 (c) of the National Lab'or• Relations Act..
ORDER
Upon the basis of the foregoing findings of fact and conclusion of
law, the National Labor Relations Board hereby orders that the peti-
tion for investigation and certification of representatives of employees
of Great Lakes Carbon Corporation, Niagara Falls, New York, filed
,by National Council of Gas, Coke and Chemical Workers, Local 12327,
be, and it hereby is dismissed.,
MR. GERARD D. REILLY took no part in the consideration of the above
, Decision and Order.
From the statement of the Regional Director and that of the Trial Examiner, both of
,which were in evidence, it appears that while the 'National Council presented cards bear-
ing apparently genuine signatures of 147 employees out of a total of 263 employees on
the pay roll of July 27, 1942, the U. i1I W also presented 82 cards beaung apparently
genuine signatures of employees whose names are on the pay roll of July 27, 1942
2 Cf Matter of Douglas d Lomason Company and International Union, United Auto-
mobile Workers of America, affiliated with the C: 1. 0., 34 N. L. R. B. 69 , Matter of
Coney Island Incorporated and Building Service Employees International Union Local No.
158, A, 36 N L. R'13. 53; Monarch Aluminum Mfg. Go. and International Union of Mine,
'Mill & Smelter Workers, C. 1. 0 , 41 N. L R. B. 1.