Rockbestos Products Corp.

National Labor Relations Board - Board Decisions

Feb 28, 1942

39 N.L.R.B. 376 (N.L.R.B. 1942)

In the Matter of ROCKBESTOS PRODUCTS CORPORATION and INTERNA-
TIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B 90,
A. F. OF L.
Case No. R-3555. Decided February 98,1942
Jurisdiction ': insulated wire manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding superintendents, foremen, assistant foremen, preparation
men, office and clerical employees (including factory clerical' employees),
and guards ; stipulation as to.
Mr. Arthur L. Corbin, Jr., and Mr. B. H. Reeves, of New Haven,
Conn., for the Company.
Mr. Francis X. Moore, of West Hartford, Conn., and Mr. Joseph
A. Rourke, of New Haven, Conn., for the Union.
Mr. Cecil F. Poole, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 15, 1942, the International Brotherhood of Electrical
Workers, Local B 90, A. F. L., herein called the Union, filed with
the Regional Director for the Second Region (New York City) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Rockbestos Products
Corporation, New Haven, Connecticut, 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 4, 1942, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to
39 N. L. R. B., No. 62.
376
ROCKBESTOS PRODUCTS CORPORATION 377
conduct it and to provide for an appropriate hearing upon due
notice.
On, February 5, 1942, the _ Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on February 13,
1942, at New Haven, Connecticut, before William T. Little, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany and the Union were represented by counsel and participated
in the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues
was afforded to all parties. During the course of the hearing the
Trial Examiner made rulings on the admission of evidence. The
Board has reviewed such rulings and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Rockbestos Products Corporation is a corporation organized in
1925 under the laws of Massachusetts, having its principal office
and two manufacturing plants at New Haven, Connecticut. The
Company is engaged in the manufacture, sale, and distribution of
insulated wire. The principal raw materials used by the Company
at Sits New Haven plants are copper wire and asbestos. The value
of such materials purchased by the Company in 1941 exceeded $100,-
000, and approximately 95 per cent thereof came from outside the
State of- Connecticut. During the same year, the Company man-
ufactured products, valued at more than $100,000, of which approx-
imately 95 per cent was shipped to points outside the State. The
Company employs approximately 538 production and maintenance
employees at its New Haven plants. It concedes that it -is engaged
in interstate commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, Local' B 90,
affiliated with the American Federation of Labor, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 9, 1942, the Company advised the Union that it
would neither confer with nor recognize it as bargaining represent-
ative until it had been certified by the' Board.' A statement of the
1 The Company has no contract with any other labor organization.
378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director,. introduced in evidence at the hearing,,shows that
the Union represents a substantial number of employees in the unit
hereinafter found to be appropriate 2 -
We find that a question has arisen concerning the representation
- hereinafter found to be appropriate.'
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 parties stipulated at the hearing, and we find, that all pro-
duction and maintenance employees of the Company at its New
Haven plants, excluding superintendents, foremen, assistant fore-
men, preparation men, office and clerical employees (including fac-
tory clerical employees), and guards, constitute a unit appropriate
for the purposes of collective bargaining. We further find that
said unit will insure to employees of the Company the full benefit
of their right to self-organization and collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. At the
hearing the Union suggested use of the then current pay roll to
determine eligibility while the Company sought a pay roll as near
as possible to the date of election. In accordance with our usual
practice we shall direct that all employees in the appropriate unit
who were employed during the pay-roll period immediately preced-
ing the date of the Direction of Election herein, subject to such limi-
tations and additions as are therein set forth, shall be eligible to vote.
z The Regional Director reported that the Union submitted to her 154 authorization
cards, all bearing apparently genuine original signatures of persons listed on the Company's
pay ion of January 22, 1942 Two of the cards were dated in January 1941, eight were
'undated , and the rest were dated between October 1941 and January 1942 At the hearing'
the Union submitted additional authorization cards These cards were 24 in number,
23 of which bore apparently genuine original signatures , the remaining 1 being printed.
All bore names of persons listed on the Company 's pay roll of February 12, 1942.' Ten
were dated in January 1942 , and 14 were dated in February 1942. There are approxi-
mately 538 employees in the appropriate unit,
ROCKBESTOS PRODUCTS CORPORATION 379
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 Rockbestos Products Corporation, New
Haven, Connecticut, within the meaning of Sections 9 (c) and 2 (6)
and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company,
at its New Haven plants , excluding superintendents , foremen, assist-
ant foremen , preparation men, office and clerical employees ( includ-
ing factory clerical employees ), and guards , constitute a unit appro-
priate 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. Re-
lations Act, 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 Rockbestos Products Corporation , New Haven , Connecticut,
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 supervision of the Regional Director 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 production and maintenance
employees of the Company at its New Haven plants , who were em-
ployed during the pay-roll period immediately 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 superintendents , foremen, assistant foremen, prep-
aration men , office and clerical employees ( including factory clerical
employees ), guards , and employees who have since quit or been
discharged for cause , to determine whether or not they desire to
be represented by International Brotherhood of Electrical Workers,
Local B 90, A . F. L., for the purpose of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.