The Acme, Inc.

National Labor Relations Board - Board Decisions

Feb 12, 1943

47 N.L.R.B. 448 (N.L.R.B. 1943)

In the Matter of THE ACME, INC. and UNITED ELECTRICAL, RADIO AND
MACHINE WORKERS OF AMLRICA, AFFILIATED WITH THE CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case No. R-4790.-Decided February 193, 1943
Practice and Procedure : petition dismissed without prejudice when wive prod-
ucts plant ceased operations through lack of priorities for materials and laid
off employees in-unit claimed appropriate, when such employees were presently
employed in war plants and it was unlikely that they would return to their
former positions with the company in the ascertainable future. a
Messrs. R. R. Chance and George E. Vaughn, both of Jersey City,
N. J., for the Company.
Messrs. Joseph A. Lipman and Sol Potegal, both of Bayonne, N. J.,
for the C. I. O.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical , Radio and Machine
Workers of America, affiliated with the Congress of Industrial
Organizations , herein called the C. I . 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of The Acme, Inc., Jersey City, New Jersey , herein called
the Company , the National Labor Relations Board provided for an
appropriate hearing upon due notice before Vincent M. Rotolo,"Trial
Examiner. Said hearing was held in Jersey City , New Jersey, on
January 18 , 1943. The Company and the C. I . O. appeared, par-
ticipated , and were afforded full opportunity to be heard, to examine
and cross -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.
The Company filed a brief which the Board has duly considered.
47 N. L R. B., No. 63.
448
THE ACIVIE,- I•NC. 449
Upon the entire'reco'rd in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Acme, Inc., a corporation , operates a plant at .Jersey City, New"
Jersey, where it is engaged in the manufacture of wire forms , staples,
paper clips , and other wire products . During the 6 months, next
preceding November 25, 1942,1 the Company purchased raw mate-
rials ' valued at approximately $90,000 to $100 ,000; about 25 percent
of which was " shipped to the Company 's Jersey City plant from
points outside the State of New Jersey. During the same period'
the Company sold products valued at approximately $180,000, 85
percent of which was shipped from the Company's Jersey City plant
to points outside the State of New Jersey.
Although as set forth in Section III, below , the plant is not in
production at the present time, the Company still has some stock
on hand which .'it is shipping to various customers . The Company
has indicated its intention to resume operations at the earliest
opportunity.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio and Machine Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE ALLEGED QUESTION CONCERNING THE REPRESENTATION OF EMPLOY-
EES OF THE COMPANY WITHIN AN APPROPRIATE UNIT
The Company has been in existence for about 12 years, during which
time it has been engaged in the manufacture of wire products as
set forth in Section I, above. It normally carries about 60 persons
on its pay roll in the unit claimed by the petitioner to be appropriate.
During the year 1942 due to war plant priorities on materials, the
Company, having no war contracts, found it increasingly difficult
and finally impossible to obtain 'essential " raw materials. Conse=
quently, at about the middle of the year, the Company began to reduce
its working force, gradually laying off employees. By November
6, 1942, the Company had laid off about 20 employees, leaving about'
40 on the pay roll as of that date.
Early in November, the C. I. O. began organizing these remaining
employees. On about November 10, the C. I. O. notified the- Com-
513024-43-vol. 47-29
450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany that it represented a majority of its employees and requested
a collective bargaining meeting. Shortly thereafter, the Company
notified the C. I. O. that it was unable to secure raw materials for
further operations and suggested deferring the matter of recognition
for the time being. Thereupon, on November 13, the C. I. O. filed
its original petition asking for investigation and certification. Subse-
quently, on November 25, the Company ceased production entirely and
laid off all its production workers, retaining only its office force and
maintenance crew.
The Company has applied to the War Production Board for raw
material priorities, but has received no assurance that its request
will be granted. ,
On November 27, 2 days after the Company ceased operations,
the C. I. O. held a meeting at which the members agreed that they
would seek reemployment by the Company.when it resumed produc-
tion, many of them having many years of seniority which they did
not wish to lose. The evidence revealed, however, that by the, date
of the hearing, January. 18, 1943, all but one of the C. I. O. members
was employed at other plants, most of which -are engaged in war
production.
In view of the above facts, we shall not proceed with a determination
of representatives in this case at this time. The circumstances under
which the Company ceased operations are such as to render it highly
uncertain as to when it will resume its usual business activity with
its normal staff of employees. At present, practically all of the em-
ployees whom the petitioner seeks to represent are employed in war
plants and are unlikely to return to their former positions with the
Company in the ascertainable future. Accordingly, we shall dismiss
the petition without prejudice to its renewal at such time as the Com-
pany shall resume operations.
ORDER
Upon the basis of the foregoing findings of fact and upon the entire
record in the-case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
filed herein by United Electrical, Radio and Machine Workers of
America, affiliated with the C. I. 0., be, and it hereby is, dismissed,
without prejudice.
Mn. GERARD D. REILLY took no part in the consideration of the above
Decision and Order.