Great Lakes Carbon Corp.

National Labor Relations Board - Board Decisions

Jan 21, 1943

46 N.L.R.B. 1259 (N.L.R.B. 1943)

In the Matter of GREAT LAKES CARBON CORPORATION and UNITED GAS,
COKE AND CHEMICAL WORKERS, LOCAL 12327,, C. I. O.
Case No. R-4742.=Decided January 21,1943
Jurisdiction : carbon and cathodes manufacturing industry.
Investigation and Certification of Representatives : existence of question:
Company refused to grant recognition when it was unable to determine the
identity of proper bargaining agency; contract held.no bar when it was not
asserted as a bar, -was about to expire, and petitioner had given timely notice
of its claims ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding executives, foremen, laboratory employees; construction
bricklayers, office employees, and deputized watchmen ; stipulation as to.
Mr. Francis V. Cole of Buffalo, N. Y., for the Board.
Mr. V: G. Kneeskern, of Buffalo, N. Y., for the Company.
Mr. David Diamond, of Buffalo, N. Y., for the C.-I. 0.
Mr. Alfred Kam' in,'of Washington, D. C., for the U. M. W. A.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION ^
STATEMENT OF THE CASE
Upon petition duly filed by United Gas, Coke and Chemical Work-
ers, Local 12327,, C. I. 0., herein called the C`. I. 0., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Great Lakes Carbon Corporation, Buffalo, New York,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Peter' J.
Crotty, Trial Examiner. Said hearing was held at Buffalo, New York,
on January 5,1943. The Company, the C. 1. 0., and District 50, United
Mine Workers of America, herein called the U. M. W. A., appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine 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.
Upon the entire record in the case, the Board makes the following :
46 N. L . R B., No 154.
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r.
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Great Lakes Carbon Corporation, a Delaware corporation, is en-
gaged at Niagara Falls, New York, in the manufacture of carbon and
cathodes. During the period from January 1, 1942, through Novem-
ber 30, 1942, the Company purchased raw materials valued in excess
of $200,000, of which approximately 90 percent was 'received from
points outside the State of New York. During the same period the
Company manufactured finished products valued in excess of $200,000,
of which approximately 90 percent was shipped to points outside the
State of New York.
The Company concedes, for the purpose of this proceeding, that it
is engaged in commerce within the meaning of, the National Labor
Relations Act.
U. THE ORGANIZATIONS INVOLVED
United Gas, Coke and Chemical Workers, Local 12327, affiliated
with the Congress of Industrial Organizations, and District 50,
United Mine Workers of America, are labor organizations admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 24, 1942, the C. I. O. informed the Company that it
represented a majority of the Company's employees and demanded
recognition as the exclusive bargaining agency. The Company on
November 26, 1942, refused recognition on the ground that it was
unable to determine,the identity of the proper bargaining agency.
The statement of the Field Examiner, introduced into evidence,
indicates that the C. I. O. represents a substantial number ofem-
ployees in the unit hereinafter found appropriate.'
The Company has a collective bargaining contract with the U. M.
W. A. which expires February 2, 1943. The C. I. O. contends that
the employees covered by this contract withdrew from • the U. M.
W., A. in June 1942 and are now members of the C. I. O.
It, is not argued that the contract is "a. bar to a'determination of
representatives, Clearly it is not a bar for the contract is about 'to
expire and the C. I. O. has given timely notice of its claim.
1The Field, Examiner reported that the C. I. O. submitted 198 application for member-
ship forms of which 119 were variously dated since February 1942, and 79 were undated.
All bore apparently genuine original signatures and 137 bore the names of persons whose
names appear on the Company pay roll for the week ending December 12, 1942. There are
approximately 252 employees in the appropriate unit. The U. M. W. A. relies upon its con-
tract to establish its interest.
a
GREAT LAKES CARBON CORPORATION . 1261
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 (9) and , (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with the stipulation of the parties, we find that all
production and maintenance employees of the Company at its factory
in Niagara Falls, New York, excluding executives, foremen, labora-
tory employees, construction bricklayers, office employees, and depu-
tized watchmen, 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
employees in the appropriate unit who were employed 'during the
pay-roll period immediately preceding the date of the Direction of
Election, subject to the limitations and additions set forth in the
Direction.2
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 Great Lakes Car-
bon Corporation, Niagara Falls, New York, an election by secret
ballot shall be conducted as earl'y,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, Section 10, of said Rules and Regulations,
among all employees of the Company 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
A- I
2 The C. I. O. requested that it be designated on the ballot as "Local 123 27, C. I. O ,
United G C & C. Workers. The U. M. W. A objected to this designation as confusing.
In the interest of clarity the request of the C. I. O . is denied.
1262 ° DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at the polls, but excluding any who have since quit or, been discharged
for cause, to determine whether they desire to be represented by
United Gas, Coke and Chemical Workers, Local 12327, affiliated with
the C. I. 0., or by District 50, United Mine Workers of America, for
the purposes of collective bargaining, or by neither.