Shawinigan Resins Corp.

National Labor Relations Board - Board Decisions

Feb 25, 1943

47 N.L.R.B. 1036 (N.L.R.B. 1943)

In the Matter of SHAWINIGAN RESINS CORPORATION and SHAWINIGAN
LOCAL INDUSTRIAL UNION, UNITED CHEMICAL WORKERS (C. I. 0.)
Case No. R-ri94.Decided February 25,1943
Jurisdiction : synthetic resin manufacturing industry.
Investigation and Certification of Representatives : existence of question : recog-
nition refused because of existing contract, with suggestion that petitioner
institute certification proceedings before the Board ; automatic renewal con-
tract held no bar when anniversary date was imminent and identity of organi-
zation claiming to be a party to contract was in dispute; election necessary.
Unit Appropriate for Collective Bargaining : all hourly rated employees, exclud-
ing executives, supervisory employees, clerks, and guards ; no objection as to.
Mr. John Collins, of Boston , Mass., for the C. I. O.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upan. a petition duly filed by Shawinigan Local Industrial Union,
United Chemical Workers (C. I. 0.), herein called the C. I. 0., alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Shawinigan Resins Corporation,
Springfield, Massachusetts, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Robert E. Greene, Trial Examiner. Said hearing was
held at Springfield, Massachusetts, on January 26, 1943. The C.- I. O.
appeared and participated.' All parties were afforded full oppor-
tunity to,examine 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 entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF TILE COMPANY
Shawinigan Resins Corporation is a Massachusetts corporation with
its principal plant and offices in Springfield, Massachusetts, where it
'The Company and District 50, United Mine Workers of America, Gas, Coke, and
47 N. L. R. B., No. 131.
1036
SHAWINIGAN RESINS CORPORATION- _ 1037
is engaged in the manufacture of synthetic resins. The principal raw
materials used by the Company are vinylacetate, butyraldehyde, for.
maldehyde, and other chemicals. The value of such materials used
annually at the Springfield plant exceeds $500,000, of which about,80
percent is shipped to said plant from points outside Massachusetts.
The annual production of the Springfield plant amounts to approxi-
mately $2,500,000, of which about 40 percent is shipped from said plant
to points outside Massachusetts.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Shawinigan Local Industrial Union, United Chemical Workers
(C. I. 0.), is a labor organization, affiliated with the Congress of In-
dustrial Organizations, admitting to membership employees of the
Company.
District 50, United Mine Workers of America, Gas, Coke, and Chem-
ical Division, Local 12400, is a labor organization admitting to meln-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 28, 1942, the Company entered into'ii collective-, bargaining
contract with the U. M. W. A. The contract provides that it shall
remain in effect until March 28, 1943, and from year to year thereafter,
subject to termination by either party upon thirty days'' written notice
prior to March 28, 1943, or any succeeding anniversary date.
On November 19, 1942, at a meeting of the U. M. W. A. Local, the
employees present voted to withdraw from the U. M. W. A. and to
affiliate with the C. I. O. Thereafter the Local received a charter
from the'C.' I. O. On November 20, 1942, a committee of the Local
informed the Company of this action and requested, recognition on
behalf of the C. I. O. as bargaining agent for the employees. The
Company refused, setting up the contract as, a bar, and. suggested that
the C. I. O. institute certification proceedings before the Board.2
Since there exists substantial doubt as to the identity of the labor
organization which claims to be a party to the contract, and since
the anniversary date of the contract is imminent, we find that it is not to
bar to an election.
Chemical Division , Local 12400, herein called the U. M. W. A, were both served with
notice but did not appear at the hearing.
z
The U bI W. A., in a letter to the Regional Director dated January 23, 1943 , declined
to participate in any hearing in this matter or in any election that might be ordered, and
asserted , in effect, that the contract barred a present investigation.
1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The statement of the Regional Director, introduced into evidence
and the statement of the Trial Examiner at the hearing, indicate that
the C. I. O. requests a substantial number of employees in the unit
hereinafter found appropriate.3
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
The C. I. O. requests the same unit as that embraced by the U. M.
W. A. contract. The Company has made no objection to that unit.
Accordingly, we find that all hourly rated employees of the Company
at its `plant in Springfield, Massachusetts, excluding executives, su-
pervisory employees, clerks, and guards, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 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-
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.
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 2, as amended, it is hereby
DIRECTED that, as a part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Shawinigan Resins
Corporation, Springfield, Massachusetts, 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 super-
vision of the Regional Director for the First Region, acting in this
matter as agent for the National Labor Relations Board, and subject
8 The Regional Director stated that the C. I 0 submitted 89 membership cards all
bearing apparently genuine , original signatures . Eighty-seven cards were dated in De-
cember 1942 , and 2 were undated . Eighty-seven cards bore the names of persons whose
names appear on the Company ' s pay roll of December 29, 1942. This pay roll contains
the names of 116 employees in the appropriate unit
At the hearing the Trial Examiner stated that he had examined 15 additional member-
ship cards , submitted by the C. I. O.', all bearing apparently genuine, original signa-
tures. Six cards were dated in December 1942 , 6 in January 1943 , and 3 were undated
All bore the names of persons whose names appear on the Company's pay roll of
December 29, 1942
SHAWINIGA\ RESINS CORPORATION 1039
to Article III, Section 10, of said Rules and Regulations , among all
employees of the Company 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 said pay-roll period because they were ill or on vacation,
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
'but excluding any who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Shawini-
gan Local Industrial Union, United Chemical Workers (C. I. 0.),
for the purposes of collective bargaining.
MR. WM. M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.