L. Sonneborn Sons, Inc.

National Labor Relations Board - Board Decisions

Apr 14, 1941

30 N.L.R.B. 1164 (N.L.R.B. 1941)

I
In the Matter of L . SONNEBORN SONS, Into. and UNITED OFFICE AND
PROFESSIONAL WORKERS OF AMERICA, C. I. O.
Case No. R-2.385.-Decided April 14, 1941
Jurisdiction : textile solution and paint manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : office and laboratory assistants
excluding executives , chemists , supervisory , maintenance , and production em-
ployees, and a specifically named employee.
Drechsler ct; Leff, by Mr. Mortimer Horowitz, of New York City,-
for the Company.
Boudin, Cohn & Glickstein, by Mr. Leonard B. Boudin, of New
Ybrk City, for the C. I. O.
Messrs. John Volosin and Earl Mays, of New York City, for the
A. F. of L.
Mr. Harold Weston, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 28, 1940, United Office & Professional Workers of
America, C. I. 0., herein called the C. I. O., filed with the Regional
Director for the Second Region (New York City) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of L. Sonneborn Sons, Inc., Belleville, New
Jersey, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, ,49 Stat. 449, herein called the Act.
On February 21, 1941, acting pursuant to Section 9 (a) of the Act
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, the Board ordered an in-
vestigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
On February 27, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
30 N. L. R. B, No. 164.
,1164
L. SONNEBORN SONS, INC. 1165
C. I. O.,'and Local 22026, American Federation of Labor, herein called
the A. F. of L. Pursuant to notice, a hearing was held on March 10;
1941) at New York City, before Richard J. Hickey, the'Trial Examiner
duly desib ated by the Chief Trial Examiner. Full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was-afforded all parties. During the
course of the hearing the Trial Examiner made several rulings on
motions and on objections to the admission of evidence. The Board
has reviewed the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
At the close of the hearing, the Company moved to dismiss the petition
on the ground that the C. I. O. had not shown anyJ substantial in-
terest in the proceeding. The Trial Examiner referred this motion
to the Board. For the reasons noted below, the motion is hereby
denied.
Upon the entire record in the case,. the Board makes the following :
FINDINGS OF, FACT
I. THE BUSINESS OF THE COMPANY
L. Sonneborn Sons, Inc., a Delaware corporation, with its principal
place of business in New York City, is engaged in the manufacture,
sale, and distribution of textile solutions, paints, and kindred prod-
ucts. It maintains and operates a factory and laboratory at Belle-
ville, New Jersey, which alone is involved in the present proceeding,
and has warehouses and branch offices throughout the'United States.
The principal raw materials used by the Company at its Belleville
plant are crude oil, chemicals, linseed, and containers. During 1940,
the Company's purchases of such raw materials amounted to approxi-
mately $720,000, over 60 per cent of which were shipped to Belleville
from points outside the State of New Jersey. During the same period
the Company's sales of its finished products amounted to approxi-
mately $1,220,000, about 60 per cent of which were transported from
its Belleville plant to customers outside the State of New Jersey. The
Company admits that it is engaged in interstate commerce within the
meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
United Office and Professional Workers of America, affiliated with
the Congress of Industrial Organizations, and Local 22026, American
Federation of Labor, are labor organizations admitting to member-
ship employees of the Company. -
1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
HI. THE QUESTION CONCERNING REPRESENTATION
Although representatives of the C. I. O. have requested the Com-
pany to bargain collectively, the Company has neither-bargained-with
the C. I. O. nor indicated any willingness to do so. At the hearing
there was introduced in evidence a report of the Regional Director
which shows that both the C. I. O. and the A. F. of L. represent a sub-
stantial number,of employees in the unit claimed to be appropriate.'
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with ,the operations of the Company
described in Section I above, has -a close,' intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The C. I. 0., the^A. F. of L., and the Company stipulated that all,
office and laboratory assistants of the Company located in its Belle-
ville, New Jersey, plant, excluding executives, chemists, supervisory,
-maintenance and production employees, constitute an appropriate
bargaining unit.
The C. I. O. and the A. F. of L. are in dispute, however, as to the
inclusion of O'Connell, a -clerk in the paint-department office. the
C. I. O. seeking his exclusion and the A. F. of L., his inclusion. It
appears that, unlike the employees in the stipulated unit, O'Connell is
covered by an existing 2-year contract, signed June 7, 1940, by the
A. F. of L. and the Company, covering production, shipping, receiv-
ing, and maintenance employees and excluding office employees as well.
as the supervisory force and chemists and their assistants. Under
these circumstances, we shall exclude O'Connell from the unit.
We find that all office and laboratory assistants employed by the
Company at its Belleville, New Jersey, plant, excluding executives,
chemists, supervisory, maintenance, and production employees, and
I The C. I 0 submitted 7, and the A F. of L 4, application cards of employees whose
names appear on the Company 's pay roll of January 28, 1941 All 7 of the C. I. 0. cards
were dated December 1940 , while of the A F of L cards , 2 were dated January 15, 1941,
and 2 were undated. On January 28, 1941, there were 10 or 11 employees in the appropriate
unit
L. SONNEBORN SONS, INC. - 1167
O'Connell, constitute, a unit appropriate for the purposes of collective
bargaining and that said unit will insure to the employees of the
Company the full benefit of their right to self-organization and to
collective' bargaining and otherwise effectuate the policies of the Act.
`'I. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representation
can best be resolved by the holding of an election by secret ballot. We
shall direct that such an election be held.
-Although the pIrties agreed that eligibility to participate in the
election shall be,determined as of December 28, 1940, the date of
filing the petition, they offered no reason for their choice of 'eligibility
date. We believe that the purposes of the Act will best be effectuated,
by directing, and we shall therefore direct, that all employees in the
appropriate unit whose names appear on the Company's pay roll for
the period immediately preceding the date of this Direction of Elec-
tion, subject to such limitations and additions as are set forth in the
Direction , shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
,record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of L. Sonneborn Sons, Inc., Belleville, New
Jersey, within the meaning of Section , 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All office and laboratory assistants employed by the Company
at its Belleville, New Jersey, plant, excluding executives, chemists,
supervisory, maintenance, and production employees, and O'Connell,
constitute a,unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor Relations
Act.
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, 49 Stat . 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby ' -
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with L. Sonneborn, Sons, Inc:, Belleville, New Jersey, an election by
secret ballot shall be conducted as early as possible but not later than
1 168 * DECISIONS OF NATIONAL LABOR RELATIONS BOARD
thirty (30) days after the date of this Direction, under the direction
and supervision of the Regional Director for the Second Region and
subject to,Article III, Section 9, of said Rules and Regulations among
all office and laboratory assistants of L. Sonneborn Sons, Inc., Belle-
ville, New Jersey, excluding executives, chemists, supervisory, main-
tenance, and production employees, and O'Connell, who were employed
during the pay-roll period next preceding the date of this Direction,
including, employees who did not' work during such pay-roll period
because they were ill or on vacation or in the active military service
or training of the United States, or temporarily laid off, but excluding
employees who have since quit or been discharged for cause to 'deter-
mine whether they desire to be represented for the purposes of collec-
tive bargaining by United Office and Professional Workers of America,
C. I. O. or Local 22026, American Federation of Labor, or by neither.
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