N. G. Slater Corp.

National Labor Relations Board - Board Decisions

Aug 18, 1947

74 N.L.R.B. 1155 (N.L.R.B. 1947)

In the Matter of N. G. SLATER CORPORATION, EMPLOYER and AMERICAN
FEDERATION OF LABOR, LOCAL 23569, PETITIONER
Case No. 2-R-7639.-Decided August 18, 19/.7
Mr. Hyman Slater, of Hoboken, N. J., and Mr. Samuel D. Reidel, of
New York City, for the Employer.
Mr. Frank Wagner, of Hoboken, N. J., for the Petitioner.
Mr. Cecil Cohen, of New York City, and Witt cC Cammaer, by Mr.
Ralph Shapiro, of New York City, for the Intervenor.
DECISION
AND
DIRECTION
Upon a petition duly filed, the National Labor Relations Board
on June 12, 1947, conducted a prehearing election among the em-
ployees of the Employer in the alleged appropriate unit, to determine
whether they desired to be represented by the Petitioner, or by the
Intervenor, for the purposes of collective bargaining, or by neither.
At the close of the election, a Tally of Ballots was furnished the
parties. The Tally shows that, of the approximately five eligible
voters, two cast votes for the Intervenor, one cast a vote for the Peti-
tioner, while no votes were cast against both participating organiza-
tions; in addition, one ballot was challenged.
Thereafter, hearing in this case was held at New York City, on
June 30, 1947, before Sidney Reitman, hearing officer. The hearing
officer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
N. G. Slater Corporation , a corporation existing under and by
virtue of the laws of the State of New York, is engaged in the manu-
74 N L. R. B, No. 200.
1155
1156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
facture and sale of card cases, metal novelties, ribbon bars, plastic
products, and related products. It maintains its principal office and
place of business in New York City, and also operates a plant at
Hoboken, New Jersey, with which operation this proceeding is solely
concerned. During the year preceding the instant hearing, the Em-
ployer purchased raw materials valued in excess of $100,000, of which
approximately 75 percent came from points outside the States of Neyv
York and New Jersey. During the same period, the Employer sold
finished products valued in excess of $250,000, of which approximately
75 percent was shipped to points outside the States of New York and
New Jersey.
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization, claiming to represent em-
ployees of the Employer.
Local 64, International Fur & Leather Workers Union, herein called
the Intervenor,'- is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agree that the appropriate unit should comprise all
production and maintenance employees at the Employer's Hoboken,
New Jersey, plant, excluding office workers, officers of the Employer,
and all supervisory personnel. They are in dispute, however, as to
one employee, Felix (Phil) Krynicki; 2 the Employer and the Peti-
tioner claim that he is not a supervisory employee, while the Intervenor
argues to the contrary.
Krynicki is the oldest of the Employer's workers in point of service.
His duties are essentially the same as those of his fellow employees,
' The Intervenor 's name is given as corrected at the hearing.
2 Kry nicki cast the challenged ballot in the prehearing election.
N. G. SLATER CORPORATION 1157
and he works alongside them most of the time. He has no authority
to hire, discharge , or change the status of employees , nor does he have
authority effectively to recommend such action . He does not assume
any responsibility for directing the work of others. One of the
officers of the Employer is almost always present to supervise and
direct the work of the plant's small working force. On the very
are occasions when no officer is present , Krynicki is in contact by
telephone with the Employer's New York City office to receive any
necessary instructions . In view of these facts, we are of the opinion
that Krynicki is not a supervisory worker and , therefore , we shall
include him within the appropriate unit.
We find that all production and maintenance employees at the Em-
ployer's Hoboken plant, including Krynicki, but excluding office
workers, officers of the Employer, and all supervisory employees, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The ballot of Felix (Phil) Krynicki was challenged by the Inter-
venor on the ground that he is a supervisory employee. Since we
have determined in Section IV, above, to include him within the
appropriate unit on the ground that he is not a, supervisor, we hereby
overrule the challenge to his ballot.
Inasmuch as it appears that the counting of the one challenged
ballot may affect the outcome of the election, we shall direct that this
challenged ballot be opened and counted.
DIRECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with N. G. Slater Corporaton , Hoboken,
New Jersey , the Regional Director for the Second Region, shall,
pursuant to the Rules and Regulations of the Board, within ten (10)
days from the date of this Direction, open and count the challenged
ballot of Felix ( Phil) Krynicki , and thereafter prepare and cause
to be served on the parties in this proceeding a Supplemental Tally of
Ballots, including therein the count of this challenged ballot.