The Flintkote Co.

National Labor Relations Board - Board Decisions

Sep 16, 1944

58 N.L.R.B. 317 (N.L.R.B. 1944)

In the Matter of THE FLINTKOTE COMPANY and WAREHOUSE AND DIs-
TAkBU1ION WORKERS UNION, LOCAL 207, I. L. W. U., C. I. ^ O.
Case No. 15-R-1162.-Decided September 16, 1944
Mr. 1V. H. Lehmkuhl, of New Orleans, La., for the Company.
Mr. Howard Goddard, of New Orleans, La., for the I. L. W. U.
Messrs. Robert L. Soule and M. M. Mandot, of New 'Orleans, La.,
for the Federal.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Warehouse and Distribution Workers
Union, Local 207, I. L. W. U., C. I. 0., herein called the I. L. W. U.,
alleging that a question affecting commerce had' arisen concerning
the representation of employees of The Flintkote Company, New
Orleans, Louisiana, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before LeRoy Marceau, Trial Examiner. Said hearing was held at
New Orleans, Louisiana, on August 21, 1944. At the commencement
of the hearing, the Trial Examiner granted a motion of Federal Labor
Union No. 22753, A. F. of L., herein called the Federal, to intervene.
The Company, the I. L. W. U., and the Federal appeared, participated,
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. All parties were afforded
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
The Flintkote Company is a Massachusetts corporation with its
principal office at New York City. We are here concerned with its
58 N L R . B, No. 64.
317
318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant at New Orleans, Louisiana, where it is engaged in the manu-
facture of paper goods and asphaltic materials. The Company manu-
factures products at its New Orleans plant valued in excess of $5,000,-
000 annually, over 75 percent of which is shipped to points outside
the State of Louisiana.
We find that the Company is engaged in commerce with-in the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Warehouse and Distribution Workers Union, Local 207, I. L. W. U.,
is a labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company.
Federal Labor Union No. 22753 is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTION CONCEIINING REPRESENTATION
On June 6, 1944, the I. L. W. U. requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
employees at the New Orleans plant. The Company refused this
request.
On September 12, 1943, the Company and the Federal entered into
an exclusive collective bargaining contract. The contract provides
that it shall remain in effect until September 12, 1944, and from year
to year thereafter unless notice of a desire to terminate is given by
either party thereto not less than 30 days prior to any annual expira-
tion date. The Federal contends that its contract is a bar to this
proceding and urges that the petition be dismissed. Inasmuch as
the I. L. W. U. made its claim upon the Company prior to August
12, 1944, the date upon which the contract would have automatically
renewed, itself, we find the position of the Federal to be untenable.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the I. L. W. U. represents a
substantial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6.) and (7) of the Act.
3 The Field Examiner reported that the I. L. W. U. presented 341 authorization cards
bearing the names of persons who appear on the Company ' s pay roll of July 22, 1944.
There are approximately 550 employees in the appropriate unit. The'Federal did not pre-
sent ' any evidence of representation but relies upon it§ contract as evidence of its interest
In the instant proceeding.
THE FLINTKOTE COMPANY
IV. THE APPROPRIATE UNIT
319
We find, in substantial accord with a stipulation of the parties, that
all hourly paid employees at the New Orleans plant of the Company,
excluding clerical employees and all supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.2
V. THE 1)ElERDIINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The I. L. W. U. requests that the pay roll as of the date of the hear-
ing-be used to determine eligibility to vote. Inasmuch as no persua-
sive reason appears as to why we should depart from our usual prac-
tice, we shall direct that those eligible to vote shall be the employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to 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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Fliiitkote
Company, New Orleans, Louisiana, 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 Fifteenth 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 said pay-roll period because they were ill or on
This is substantially the same unit that is provided for in the contract between the
Company and the Federal.
320 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD
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 and have not been rehired or reinstated prior to the date of the
election, to determine whether they desire to be represented by Ware-
house and Distribution-Workers Union, Local 207, I. L. W. U., affili-
ated with the Congress of Industrial Organizations, or by Federal
Labor Union No. 22753, affiliated with the American Federation of
Labor, for the purposes of collective bargaining, or by neither.