Newport Industries, Inc.

National Labor Relations Board - Board Decisions

Nov 24, 1948

80 N.L.R.B. 822 (N.L.R.B. 1948)

In the Matter of NEWPORT INDUSTRIES, INC., EMPLOYER and INTERNA-
TIONAL CHEMICAL WORKERS UNION, A. F. OF L., PETITIONER
Case No. 15-RC-16.-Decided November 24,1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed, except as noted."
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer, a Delaware corporation manufacturing turpen-
tine, pine oil, and rosin at its Oakdale, Louisiana, plant, is engaged in
commerce within the meaning of the National Labor Relations Act.
2. The labor organizations referred to herein claim to represent
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.2
I The Lake Charles Metal Trades Council should not have been allowed to intervene, in-
asmuch as a substantial number of its constituent locals are not in compliance with
Section 9 (f), (g), and ( h) of the Act, and it has no contractual interest which would
support intervention.
*Houston , Reynolds , and Murdock.
2 District 50 of the United Mine workers participated in the proceeding because of its
contract interest . The District represented the employees of three other plants of the
Employer under a year-to-year contract having a 30-day automatic renewal clause, which
contract was originally dated May 20, 1941. On November 3, 1947 , the day the Oakdale,
Louisiana , plant commenced operations , District 50 obtained recognition from the Em-
ployer and the May 1941 contract , as amended , was that day further amended to include
the Oakdale employees and provide a revised check -off clause. On April 26, 1948, what
the contracting parties entitled an "amended agreement ," covering all four plants, was
entered into . The preamble referred to the expiration of certain previous agreements
"the latest of which would expire May 20, 1948." The Petitioner filed its petition Novem-
80 N. L. R. B., No. 128.
822
NEWPORT INDUSTRIES, INC. 823
4. The following employees of the Employer constitute a unit ap-
propriate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act:
All production and maintenance employees of the Employer's Oak-
dale, Louisiana, plant, excluding office employees, technical employees,
professional employees, watchmen, guards, and supervisors as defined
in the Act.
DIRECTION OF ELECTION 3
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 30
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, as amended, among
the employees in the unit found appropriate in paragraph numbered
4, above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, but excluding 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, and also exclud-
ing employees on strike who are not entitled to reinstatement, to
determine whether they desire to be represented, for purposes of col-
lective bargaining, by International Chemical Workers Union, A. F.
of L., or by United Gas, Coke and Chemical Workers of America,
C. I. 0., or by neither.
her 17, 1947, after refusal of its November 7, 1947, request for recognition . The C 1. 0.
Chemical Workers and the Lake Charles Metal Trades Council intervened sometime prior
to the hearing in July 1948.
We deny, District 50's motion to dismiss the petition because of a contract bar. In its
brief the Employer also urged that either the November 3, 1947 , or April 26 , 1948, con-
tract amendment was a bar. In either eveht we find the petition was not barred , ( 1) be-
cause it was timely filed with respect to the Mill B date (April 20, 1948 ) of the existing
contract as amended November 3, 1947; Matter of General Shale Products Corporation,
75 N L. R. B. 778 ; Matter of Elder Mfg. Co., 73 N. L. R. B. 230 ; Matter of F. S. Lang
Mfg. Co., 66 N. L. It. B. 473; or ( 2) taking the April 26 , 1948 , contract at its face value
without considering the numerous changes it contained, it was a new contract to replace
those which had expired and constituted no bar to the November 17, 1947, petition ; Matter
of Southern Advance Bag & Paper Co., 75 N. L. It. B. 614.
1 District 50, not having complied with Section 9 (f), (g), and ( h) of the Act, will not
be placed upon the ballot.