Lederle Laboratories, Inc.

National Labor Relations Board - Board Decisions

Jul 11, 1942

42 N.L.R.B. 321 (N.L.R.B. 1942)

In the Matter of LEDERLE LABORATORIES, INC and INDEPENDENT EM-
PLOYEES' UNION OF LEDERLE LABORATORIES, INC
Case No. R-3916 -Decided July 11, 1942
Jurisdiction pharmaceutical and biological pioducts manufactuimg industry
Investigation and Certification of Representatives : existence of question. re-
fusal to accoicl petitioner iecognition, election necessary
Unit Appropriate for Collective Bargaining employees of Company at its Pearl
River and New City plants, excluding supervisory employees, weekly or monthly
paid clerical employees, the pharmaceutical watchmen in the pharmaceutical
manufacturing and tabletrng clepantment, janitor custodians in the janitor de-
partment, and emplo3 ees in specifically named departments, in accordance with
.igieeinent of pasties, held to constitute an appiopriate unit, all technicians,
whom Company desired to exclude, were excluded although unions would have
excluded only those engaged primarily in research work or primarily in work
of a supervisory nature, in view of the absence of a basis for distinguishing
supervisory technicians from production technicians and since technicians
were a highly skilled group of employees
Mr. Henry C. Little, of New Yolk City, for the Company.
Mr Emil Wulster, of Hackensack, N J , for the Independent
Mr. Alfred Kamin, of Washington, D. C., for the U. M. W.
Mr. John Braun, of Albany, N. Y., and Mr. Alexander Marks, of
New York City, for the A F. of L.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Independent Employees ' Union of
Lederle Laboratories , Inc., herein called the Independent , alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Ledei le Laboratories , Inc , New York City, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before George Turitz, Trial
Examiner Said hearing was held at Spring Valley, New York, on
June 1, 1942 The Company; the Independent ; District 50, United
Mine Workers of America, herein called the U. M W ; and Chemical
and Biological Workers Union, Local No 23141, affiliated with the
42 N L It B, No 77
472814-42-\ of 42-21 321
322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A. F. of L , herein called the A F of L, appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-ex-
amine 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 entu e record in the case, the Boaid makes the following :
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Lederle Laboratories, Inc , a Delaware corporation, is one of several
subsidiaries of American Cyanamid Company, a Maine corporation
engaged in the business of manufacturing and selling chemicals and
chemical products. The Company maintains its principal office in
New York City and operates its principal manufacturing plant at
Pearl River, New York, where it is engaged in the manufacture, sale,
and distribution of pharmaceutical and biological products which are
used in both the human and veterinary fields It is this Pearl River
plant which is involved in this proceeding. Raw materials for use at
the Pearl River plant exceed annually $100,000 in value, of which more
than 50 percent is obtained from sources outside the State of New
York During 1940, the Company sold products of a,value in excess
of $1,000,000. Over 50 percent of the dollar value of products pro-
duced at the Pearl River plant in 1941 was shipped to points outside
the State-of New York.
II. THE ORGANIZATIONS INVOLVED
Independent Employees' Union of Lederle Laboratories, Inc, is an
unaffiliated labor organization admitting to membership employees of
the Company.
District 50, United Mine Workers of America, is a labor organiza-
tioil admitting to membership employees of the Company.
Chemical and Biological Workers Union, Local No. 23141, is a labor
organization- affiliated _ with the American Federation of Labor. It
admits to membership employees of the Company. _
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question affecting commerce had arisen
concerning the representation of the Company's employees, in that,
following a request for recognition made by the Independent on De-
cember 17,1941, the Company refused to recognize the Independent as
the exclusive bargaining representative of the Company's employees.
LEDERLE LABORATORIES, INC. 323
A statement of the Regional Director, introduced in evidence at the
hearing, indicates that the Independent, the U M. W, and the A, F.
of L. each represents a substantial number of employees in the unit
hereinafter found appropriate 1 -
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 National Labor Relations
Act.
IV. THE APPROPRIATE UNIT
The three unions stipulated to a unit of all employees of the Com-
pany at the Pearl River and New City plants, excluding supervisory
employees, technicians who are engaged primarily in research work
or primarily in work of a supervisory ntture,2 weekly or monthly paid
clerical employees, the pharmaceutical watchmen in the pharmaceuti-
cal manufacturing and tableting department (Dept. No._60), janitor
custodians in the janitor department (Dept. No. 131), and all the
employees in the following departments : office, veterinary general
(Dept. No 40) ; literature composition (Dept. No. 76) ; production
control (Dept. No. 77) ; library (Dept. No 80) ; property protection
(Dept. No. 124) ; engineering (Dept. No. 125) ; maintenance general
other than janitress (Dept. Nc,. 130) ; development engineering (Dept.
No. 149) ; general office (Dept. No 150) ; accounting (Dept. No. 151) ;
purchasing (Dept. No. 152) ; personnel (Dept. No. 153) ; and first aid
(Dept. No. 154).
The Company agreed to the above unit with the exception that it
contended that all technicians should be excluded from the unit and
not only those engaged primarily in research work or work of a
supervisory nature, inasmuch as all technicians are highly skilled,
perform supervisory functions, and are closely related to management.
There are 107 laboratory employees classified as technicians. The
unions suggested that these technicians fall into 4 categories, namely,
iThe Regional Dhector stated that the Independent submitted to him 727 applications
for membership cards, all bearing apparently genuine, original signatures , that 3 of the
cards were dated in November 1941, 706 in December 1941, and 18 , in January 1942, and
that 671 of the signatures were names of persons whose names appeared on the Company's
pay roll for December 20, 1941, which listed approximately 1,118 employees in the unit
hereinafter found appropriate
The Regional Director stated that the U M W submitted 206 applications for member-
ship cards , all bearing apparently genuine, original signatures , that 60 of the cards were
dated in October 1941 , and 146 between November 1, 1941, and December 4, 1941, and
that 177 of the signatures weie names of persons listed on the afore-mentioned pay roll
The Regional Director stated further that the A F of L submitted 288 applications for
membership cards, all bearing apparently genuine, original signatures , that all the cards
were dated between Apiii 15, 1942, and May 6, 1942 , and that 203 of the signatures were
names of persons listed on the afore -mentioned pay roll
2 The unions stipulated that the unit should include technicians who are engaged
primarily in testing work or primarily in work that yields quantities of products in one
or more of its stages of production
324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
supervision, research, testing, and production, and that only the super-
visory and research technicians should be excluded from the unit.
Although the paities stipulated that all technicians on the pay roll
introduced into evidence fall generally into the 4 classifications sug-
gested by the unions, authoritative witnesses foi the Company denied
that there is any clear-cut differentiation among technicians, claiming
rather that many of-the techincians combine functions attributable to
2 or more of the suggested categoi ies It was admitted that some
technicians did only testing and that others psi foimed only research,
but it was asseited that none were engaged solely in supervision or in
pi oduction.
Technicians aie more highly skilled than other laboiatoiy employees,
some by season of more experience, othei s as a i exult of college traur-
ing Because of theii additional skills, technicians exercise powers of
direction over one to three laboiatoiy employees who fiequeiitly work
with them In accoidance with their skills, technicians ate higher
paid than other laboratory employees, and axe on a salary basis as con-
tiasted to the lattet's houily basis \' acation policies at the plant
differ for those paid wages and those who ieceive salaries
All technicians, together, might constitute an appropriate bargain-
ing unit, but the record does not disclose any basis for diffeientiating
so-called supervisory technicians from pioduction and testing tech-
nicians. Under the ciicumstances, we find that all the technicians
should be excluded from the appropiiate unit
We find that all employees of the Company at the Peail River and
New City plants, excluding supervisory employees,3 techiiiciitns, weekly
or monthly paid clerical employees, the pharmaceutical watchmen in
the pharmaceutical manufacturing and tableting department (Dept
No. 60), janitor custodians in the janitor department (Dept No 131),
and all the employees in the following depai tments office, vetei rear y
general (Dept No 40), literatui e composition (Dept No 76), pro-
duction control (Dept No 77), libi ai y (Dept No 80), property pro-
tection (Dept No., 124) ; engineering (Dept No 125) ; maintenance
general other than janitiess (Dept No 130) ; development engineering
(Dept. No. 149) ; general office (Dept No 150) , accounting (Dept No
151) ; purchasing (Dept No 152) ; personnel (Dept No 153) ; and
first aid (Dept No 154), 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 queation concerning representation which
has arisen be resolved by means of an election by secret ballot among
8 The parties stipul tted that `super isoi y eniplo, ees ' refers to those employees designated
on the pay roll as supei `isots, assistant supeivisois, department heads, assistant dep2rt-
ment heads, and geneial inspectors
LEDERLE LABORATORIES, INC 325
the employees in the appropriate unit who were employed during the
pay-ioll period immediately piecedi ng the date of our Direction of
Election, subject to the limitations and additions set forth therein.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Boaid by Section 9 (c) of the National Labor Relations Act,
49 Stat 449, and pursuant to Aiticle III, Section 8, of National Labor
Relations Board Rules and Regulations-Seiies'2, as amended, it is
heieby
DIRECTED that, as pait of the investigation to asceitam representa-
tives for the puiposes of collective bargaining with Lederle Labora-
tories, Inc, New York City, an election by secret ballot shall be con-
ducted as eaily as>possible, but not later than thirty (30) days from
the date of this Direction of Election, under the direction and super-
vision of the Regional Diiector for the Second Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to article III, Section 9, of said Rules and Regulations, among all
employees of the Company in the unit found appropriate in Section IV,
above, who were employed duiing the pay-roll period immediately
pieceding 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 those employees who have since
quit or been discharged for cause, to determine whether they desire to
be represented by Independent Employees' Union of Lederle Labora-
tories, Inc , or by District 50, United Mine Woikei s of Amei ica, or by
Chemical and Biological Workers' Union Local No. 23141, affiliated
with the A F of L, for the purposes of collective bargaining, or by
none.
In the Matter of LEDERLE LABORATORIES, INO and INDEPENDENT
EMPLOYEES' UNION OF LEDERLE LABORATORIES, INO.
Case No. R-3916
AMENDMENT TO DIRECTION OF ELECTION,
July 28,1942
On July 11, 1912, the National Labor Relations Board, issued a
Decision and Direction of Election in the above-entitled proceeding.,
In the election directed therein, the Board placed upon the ballot the
names of Independent Employees' Union, of Lederle Laboratories,
Inc., District 50, United Mine Workei s of America, herein called the
U M. W.; and Chemical and Biological Workers' Union, Local No.
23141, affiliated with the A F of L. On July 23, 1942, the U. M. W.
notified the Regional Director for the Second Region that it desired
that its name be withdrawn from the ballot. 11
The Board accordingly hereby amends,the aforesaid Direction, of
Election by striking therefrom the words "whether they desire to be
represented by Independent Employees' Union of, Lederle Labora-
tories, Inc:,,or by District 50. United Mine Workers of America, or
by Chemical and Biological Workers' Union, Local No. 23141, affili-,
ated with the A F of L , for the purposes of collective bargaining,,
or by none," and substituting therefor the words "whether they desire
to be represented by Independent Employees' Union of Lederle Lab-
oratories, Inc, or by Chemical and Biological Workers" Union, Local
No. 23141, affiliated with the A. F. of L., for the purposes of collective
bargaining, or by neither."
MR. GERARD D. REILLY took no part in the consideration of the
above Amendment to Direction of Election.
1 42 N L R B 321
42 N L R B, No 77a
326
In the Matter of LEDERLE LABORATORIES, INC an INDEPENDENT EM-
PLOYEES' UNION OF LEDERLE LABORATORIES, INC.
Case No. R-3916
CERTIFICATION OF REPRESENTATIVES
August 11, 1942
On July 11, 1942, the National Labor Relations -Board issued a
Decision and Direction of Election in the above-entitled proceeding,'
and on July 28, 1942, an Amendment to Direction of Election 2 Pur-
suant to the Direction-of Election, as amended, an election by secret
ballot was conducted on July 30, 1942, under the direction and su-
pervision of the Regional Director for the Second Region (New York
City) On July 31, 1942, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations=Series 2, as amended, issued and duly served upon the
parties an Election Report. No objections to the conduct of the bal-
lot or to the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list----------------------------------- 1, 364
Total ballots cast________________________________________ 1,042
Total ballots challenged----------------------------------- 19
Total blank ballots_______________________________________ 0
Total void ballots----------------------------------------- 2
Total valid votes counted_________________________________ 1,021
Votes cast fog. American Fedeiation of Labor, Local 23141___ 865
Votes cast for Independent Employees ' Union' of Lederle
Laboiatories, Inc--------------------------------------- 71
Votes cast for neither_____________________________________ 95
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that Chemical and Biological Workers'
Union, Local No 23141, affiliated with the A. F. of L , has been desig-
nated and selected by a majority of all employees of Lederle Labora-
G
'42N L R B 321
2 42 N L R B 328
42 N L R B, No 77b
327
328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
toi ies, Inc., at its Pearl River and New City plants, excluding super-
visory employees, technicians, weekly of monthly paid clerical em-
ployees, the pharmaceutical watchmen in the pharmaceutical manu-
factuiing and tableting department (Dept No. 60), janitor custodians
in the janitor department (Dept No 131), and all the employees in
the following depaitments office, vetermaiy general (Dept No 40);
literature composition (Dept No. 76) ; production control (Dept.
No. 77), library (Dept No 80) ; piopeity piotection (Dept No. 124) ,
engineeiing (Dept No. 125), maintenance general other than jani-
tress (Dept No 130) ; development engineering (Dept No. 149) ;
general office (Dept No 150) ; accounting (Dept No. 151) ; purchas-
ing (Dept. No. 152) ; personnel (Dept No 153) ; and first aid (Dept.
No 154), as their iepresentative for the purposes of collective bar-
gaining, and that, pursuant to Section 9 (a) of the National Labor
Relations Act, Chemical and Biological Workeis' Union, Local
No. 23141, affiliated with the A. F of L , is the exclusive representative
of all such employees for the purposes of collective bargaining in re-
spect to iates of pay, wages, hours of employment, and other condi-
tions of employment.