Kraft Products Corp.

National Labor Relations Board - Board Decisions

May 17, 1945

61 N.L.R.B. 1238 (N.L.R.B. 1945)

In the Matter of KRAFT PRODUCTS CORPORATION AND KRAFT PROCESSING
CORP. and UNITED ELECTRICAL , RADIO & MACHINE WORKERS OF
AMERICA, C. I. O.
Case No. 2-R 544,°'d7.Decided May 17,1945
Mr. Henry H. Silverman, of New York City, for the Companies.
Mr. Frank Schemer, by Mildred Roth,, of New York City, for the
C..I.O.
Mr. Jerome Y. Stwrm, by Abraham Fishbein, of New York City, for
the A. F. L.
Mr. Stanley B. Korengold, of counsel to the Board.
0
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Electrical, Radio
& Machine Workers of America, C. I. 0., herein called the C. I. 0.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Kraft Products Corporation and Kraft
Processing Corp., New York City, hereinafter collectively referred to
as the Companies, and singularly as Kraft Products and Kraft Proc-
essing, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before R. N. Denham, Trial Examiner.
Said hearing was held at New York City, on April 11, 1945. The
Companies, the C. I. 0., and Metal Polishers, Buffers, Platers and
Helpers International Union, Local #8, A. F. L., appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Kraft Products Corporation, a New York corporation with its
principal office at New York City, is engaged in the business of electro-
61 N. L. R. B., No. 203.
1238
KRAFT PRODUCTS CORPORATION 1239
plating, polishing, anodizing, and plating articles of equipment' for
use in radio and other similar industries. It annually purchases
$50,000 of raw materials, of which over $25,000 in value is shipped into
New York from points outside the State. The value of the finished
products exceeds $250,000, of which over 10 percent is shipped to points
outside the State of New York. A substantial portion of its business
is devoted to the war effort.
The Kraft Processing Corp., a New York corporation with its prin-
cipal office at New York City, is engaged in the business of painting
and spraying devices and mechanical parts used by the armed services.
It purchases raw materials exceeding $25,000 per year, of which over
15 percent is shipped into New York from points outside the State.
The finished products exceed $100,000 in value, of which over 10 per-
cent is shipped to points outside the State of New York. Its operations
are devoted exclusively to war work.
Each of the Companies concedes that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America, affiliates
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.,
Metal Polishers, Buffers, Platers and Helpers International Union,
Local #8, affiliated with the American Federation of Labor, is a labor
c.rganization admitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
In February 1945, the Companies received letters from both the
C. I. O. and the A. F. L., each requesting recognition as the exclusive
bargaining representative of the Companies' employees.' The Com-
panies have refused to grant recognition to either union until and un-
less it has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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.
'The requests were made to the single unified management without any differentiation
as to the particular Company to which such bargaining should apply.
'The Field Examiner reported that of 54 employees in the unit petitioned for, 38 are
employed by Kraft Products and 16 by Kraft Processing . The C. I. O. submitted 30
application for membership cards, of which 21 checked with the Kraft Products pay roll
and none with the Kraft Processing pay roll. The A. F L. submitted 14 application for
membership cards of which 2 checked with the Kraft Products pay roll and 10 with the
Kraft Processing pay roll Both pay rolls were for the period ending March 7, 1945.
1240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The A. F. L. and the C. I. O. seek a unit consisting of all produc-
tion and maintenance employees of the Companies, including the
receiving and shipping clerks, but excluding office and clerical employ-
ees and all supervisory employees. The Companies take no position,
agreeing to abide by the Board's decision as to the appropriate unit.
The record discloses that the two corporations occupy the same
building, employees are often transferred from one Company to the
other, all employees are subject to the same ultimate supervision,
and in certain instances employees work for both Companies at the
same time.3 Furthermore, the products of one corporation are often
further processed by the other in one continuous operation. In
view of these circumstances, we find that the Companies constitute a
single employer within the meaning of Section 2 (2) of the Act, and
that the employees of the Companies together constitute an appropri-
ate unit.4
We find that all production and maintenance employees of both
Companies, including receiving and shipping clerks, but excluding
office and clerical employees, executives, and, all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, 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 em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Kraft Prod-
ucts Corporation and Kraft Processing Corp., New York City, an
election by - secret ballot shall be conducted as early as possible, but
3 There Is but one shipping department, serving both corporations.'
4 See Matter of Aaron Ferer t Sons, Inc., and Wiping Materials, Inc., 53 N. L. R. B. 770.
KRAFT PRODUCTS CORPORATION 1241
not later than thirty (30) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found appro-
priate 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 the 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 them-
selves in person at the polls, but excluding any 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 United Electrical, Radio & Machine Workers of
America, C. I. 0., or by Metal Polishers, Buffers, Platers and Helpers
International Union, Local #8, A. F. L., for the purposes of collective
bargaining, or by neither.
MR. JOHN M. HousTON took no part in the consideration of the
above Decision and Direction of Election. ,