The Flintkote Co.

National Labor Relations Board - Board Decisions

Sep 14, 1945

63 N.L.R.B. 914 (N.L.R.B. 1945)

In the Matter, of THE FLINTKOTE COMPANY and PAPER WORKERS
ORGANIZING COMMITTEE, CIO
Case No. 2-R-5686.-Decided September 14, 1945
Mr. W. L. Schneider, of Little Ferry, N. J., for the Company.
Rothbard, Harris cfi Talisman, by Mr. Clarence Talisman, of New-
ark, N. J., and Mr. Anthony Adamo, Field Representative, for the
PWOC.
Isserman, Isserman & Kapelsohn, by Mr. Irving Leuchter, of New-
ark, N. J. and Mr. Charles Serraino, Director and Organizer, for the
TWUA.
Dlr. James Busico, of Little Ferry, N. J., for the Association.
Mr. Angelo J. Fimnara, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Paper Workers Organizing Commit-
tee, CIO, herein called the PWOC, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Flintkote Company, Little Ferry, New Jersey, herein called the
:Company, the National Labor Relations Board provided for an ap-
propriate hearing upon dui notice before Jerome I. Maclit, Trial Ex-
aminer. Said hearing was held at New York City, on July 6, 1945.
The Company, the PWOC, Textile Workers Union of America, CIO,
herein called the TWUA, 'and Little Ferry Felt Mill Employees
Association , Inc., herein called the Association, appeared and par-
ticipated. All parties 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 an opportunity to file briefs with the Board.
63 N. L R. B., No. 143.
914
THE FLINTKOTE COMPANY 915
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 a plant
at Little Ferry, New Jersey, where it is engaged in the manufacture,
sale, and distribution of an absorbent webb product used in its other
plants located in various States. The Little Ferry plant is solely in-
volved in this proceeding. During the year 1944, the Company pur-
chased raw materials for this plant valued in excess of $500,000, of
which 75 percent came from points outside the State of New Jersey.
The products manufactured at this plant for the same period were
valued in excess of $500,000, of which 50 percent represented ship-
ments to places outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Paper Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
Textile Workers Union of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
Little Ferry Felt Mill Employees Association, Inc., unaffiliated, is
a labor organization admitting to membership employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
On May 22, 1944, the Company and the Association entered into a
collective bargaining agreement covering the employees at its Little
Ferry, New Jersey, plant. The contract provided that it was to remain
in effect for 1 year "and thereafter until canceled by either party upon
30 days' written notice to the other."
By letter of April 20, 1945, the Company requested the Association
to set a date for negotiating a contract "inasmuch as our present con-
tract is due for renewal on May 22, 1945." Thereafter the PWOC, by
letter dated May 25, 1945, advised the Company that it represented a
majority of the Company's employees and requested a bargaining con-
ference. On May 29, 1945, the Company received notice from the
Regional ,Office of the Board that the PWOC had filed the instant
petition. A day or two later, the Association advised the Company
that it was ready to negotiate with the Company. The Company has
6625l.4-46-vol. 63-59
916 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
refused to negotiate with either of the unions pending a determination
by the Board in this proceeding.
The Company contended at the hearing that its contract with the
Association is still in effect because no notice of termination has been
given by either party thereto. However, assuming arguer do the valid-
ity of the Company's position, it is clear that the contract has already
been in effect for more than 1 year and, by its terms, is terminable upon
30 days' notice. Accordingly, because the contract is now one of in-
definite duration, we find under well established principles of the
Board, that it is no bar to an election at this time.'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the PWOC represents a substantial number of em-
ployees 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 Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The PWOC seeks a unit composed of all production, maintenance,
shipping and receiving employees at the Company's Little Ferry
plant, except for office and supervisory employees.3 The parties agree
generally as to the composition of the unit sought. They disagree
only as to the inclusion or exclusion of one employee, Emil Besdek,
the PWOC desiring to include him, the TWUA and the Association
wishing to exclude him, and the Company taking no position in the
matter.
The Company employs two storeroom keepers, Nealon and Besdek.
Nealon works full time, while Besdek, a former full-time employee,
works 1 day a week and has been doing so for the past 2 years. The
parties agree to include Nealon but, as appears above, are in disagree-
ment as to the inclusion or exclusion of Besdek. The latter devotes
between 50 and 60 percent of his time performing such clerical work
in the storeroom as keeping inventory records, and spends the rest
of his time receiving and dispensing tools and stock to employees.
Because it is clear that Besdek is a regular part-time storeroom keeper,
i Matter of John Hancock Mutual Life Insurance Company, 62 N. L R B . 240; Matter
of Indiana Foundry Corporation, 56 N L R. B 681.
2 The Field Examiner reported that the PWOC submitted 49 authorization cards ; that
the names of 48 persons appearing on the cards were listed on the Company's pay roll of
May 26, 1945 , which contained the names of 120 employees in the appropriate unit, and
that , of these 48 cards, 23 were dated between June 1944 and May 1945 , and 25 were
undated
The Trial Examiner stated at the hearing that the TWUA submitted 40 application
cards dated between April and May 1945. The Association relies upon its contract witlf
the Company as proof of its interest in this proceeding.
I The PWOC's petition as to the alleged appropriate unit was amended at the hearing
as indicated herein
THE FLINTKOTE COMPANY 917
we are of the opinion that his interests in bargaining collectively in
the same unit with production and maintenance, shipping and receiv-
ing employees are similar to those of the regular storeroom keeper.'
Accordingly, we shall include both these employees in the unit as
storeroom keepers.
We find that all production, maintenance, shipping and receiving
employees at the Company's Little Ferry, New Jersey, plant, includ-
ing leadmen,5 storeroom keepers, but excluding office employees, and
all supervisory employees with authority 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.
V. TILE 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 Election
herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant td 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 Flintkote
Company, Little Ferry, New Jersey, 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 said pay-roll period because they 'were ill or on vacation or
temporarily laid off, and including employees in the armed forces
4 Although there is testimony that the parties have interpreted the May 22 , 1944, con-
tract to include Nealon and to exclude Besdek from its coverage , we perceive no basis for
distinguishing between these two employees Accordingly , we do not deem the practice
of the parties controlling herein.
'It is clear that the leadmen do not have supervisory authority within the Board's
customary definition.
918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 elec-
tion, to determine whether they desire to be represented by Paper
Workers Organizing Committee, CIO; by Textile Workers Union
of America, CIO; by Little Ferry Felt Mill Employees Association,
Inc., for the purposes of collective bargaining, or by none of said
organizations.