National Vulcanized Fibre Co.Download PDFNational Labor Relations Board - Board DecisionsMay 16, 194456 N.L.R.B. 567 (N.L.R.B. 1944) Copy Citation In the Matter of NATIONAL VULCANIZED FIBRE Co. and UNITED ELEC-' TRICAL , RADIO & MACHINE WWWORICERS OF AMERICA, CIO Case No. 4-R-1394.-Decided May 16, 1944 Mr. Arthur G. Logan; of Wilmington , Del., for the Company. Mr. Samuel Goldberg and Mr. Francis White, of Philadelphia, Pa., for the Union. ' Mr. William Strong, of counsel to the Board. DECISION AND DIRECTION OF ELECTION, STATEMENT OF THE CASE Upon a petition duly filed by United Electrical, Radio & Machine Workers of America, CIO, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation ,of employees of National Vulcanized Fibre Company, Yorklyn, Dela- ware, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Eugene M. Purver, Trial Examiner. Said hearing was held at Wilmington, Delaware, on April 25,1944. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing 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 opporunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT J. THE BUSINESS' OF THE COMPANY The Company, a Delaware corporation, is engaged in the manufac- ture and sale of vulcanized fibre and bakelite products. It operates, four plants, in Wilmington, Newark, and Yorklyn, Delaware, and in Kennett Square, Pennsylvania. Only the Yorklyn'plant is involved in this proceeding. Over 95 percent of the raw materials used at 56 N. L. R B., No. 108. 567 568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD this plant come from sources outside the State of Delaware, and over 95 percent of the finished product is shipped to points outside of Delaware. The Company's annual business aggregates approximately $5,000,000. The Company admits that it is engaged in commerce within, the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of'America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of the Company's em- ployees until the Union has been certified by the Board in an appro- priate unit. A statement of a Board' agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate? 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. IV. THE APPROPRIATE UNIT We find in substantial agreement with a stipulation of the parties that all production, maintenance and shipping employees at the Yoik= lyn plant of the Company, excluding executives, general office clerical employees, mill office clerical employees and shipping office clerical employees, truck drivers, laboratory technicians, safety and fire inspec- tors, foremen, assistant foremen, and any other supervisory employees with authority to, hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collec- tive 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- 1 The Field Examiner reported that the Union submitted 229 authorization cards, 199 of which bore the names of persons appearing on the Company's pay roll of April 2_1944, which contains the names of 317 employees in the appropriate unit At the time of the hearing there were 350 and 375 employees in the appropriate unit. NATIONAL VULCANIZED FIBRE CO. 569 ployees in the appropriate unit who were employed during the pay- roll -period immediately preceding the date of the Direction of Elec- ' tion herein, 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 Relations Act, and pursuant to Article III, Section 9,'of National Labor Relations Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with National Vul- canized Fibre Co., Yorklyn, Delaware, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervi- sion of the, Regional Director for the Fourth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees 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 .the said pay-roll period because they were ill or on vacation or tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but exclud- ing those employees 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 or not they desire to be represented by United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. , 2 The Union requests that the April 30, 1944, pay roll be used in determining eligibility to vote in the election. We find nothing in the record requiring deviation from our usual practice in respect to eligibility pay-roll date. The request is denied. Copy with citationCopy as parenthetical citation