Sinclair and Valentine Co.

National Labor Relations Board - Board Decisions

Jul 2, 1945

62 N.L.R.B. 1098 (N.L.R.B. 1945)

In the Matter Of SINCLAIR AND VALENTINE Co. and LOCAL 12129, UNITED'
GAS, COKE AND CHEMICAL WORKERS OF AMERICA, CIO
Case No. 2-R-5484.-Decided July 2, 1945
Mr. Daniel Arvan, of New York City, for the Company.
Mr. Alexander E. Racolin, of New York City, and Messrs. Leo Velardi
and Frank Novick, of Long Island City, N. Y., for the Union.
Mr. Harold M. Humphreys, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 12129, United Gas, Coke and Chem-
ical Workers of America, CIO, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation of
employees of Sinclair and Valentine Co., New York City, herein called
the Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Robert A. Levett, Trial Examiner.
Said hearing was held at New York City on May 10, 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 evidence bearing on the issue. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Sinclair and Valentine Co. is a New York corporation having its princi-
pal office and plant at New York City where it is engaged in the manu-
facture and sale of printing inks: The principal raw materials used by the
Company consist of oils, chemicals, and colors. The Company's annual
62 N L R. B., No. 137.
1098
SINCLAIR AND VALENTINE CO. 1099
purchases of raw materials amount in value to more than $100,000, of
which in excess of 15 percent is received from p4k is outside the State of
New York. The Company annually produces finished products amounting
in value to more than $100,000, of which in excess of 15 percent is shipped
to points outside the State.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 12129, United Gas, Coke and Chemical Workers of America,
affiliated with the Congress of Industrial Organizations, is a labor organ-
ization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the exclu-
sive bargaining representative of certain of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the Union represents a substantial number of employees 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 Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In substantial accordance with the unopposed request of the Union and
based upon the entire record, we find that all production, maintenance,
and shipping employees of the Company, including watchmen,' but exclud-
ing office employees, truck drivers, printing department employees, service-
men, salesmen, all laboratory employees, color matchers, technicians, chem-
ists, non-working foremen, working foremen, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collective bar-
gaining 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 employees in
the appropriate unit who were employed during the pay-roll period inunedi-
1 The Field Examiner reported that the Union submitted 80 application for membership cards,
that the names of 72 persons appearing on the cards were listed on the Company's pay roll of April
10, 1945, which contained the names of 154 employees in the alleged appropriate unit, and that the
cards were dated in August 1944 and January, February, March and April 1945
These employees are not militarized , deputized , or armed
1100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ately preceding the date of the Direction of Election herein, subject to the
limitations and addition4et 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Sinclair and Valentine Co.,
New York City , 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 , 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
temporarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but excluding
those emplo.yees 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 Local 12129.
United Gas, Coke and Chemical Workers of America, CIO, for the pur-
poses of collective bargaining.
i