The J. S. Young Co.

National Labor Relations Board - Board Decisions

Feb 16, 1944

54 N.L.R.B. 1375 (N.L.R.B. 1944)

In the Matter of THE J. S . YOUNG COMPANY and CONGRESS of
INDUSTRIAL ORGANIZATIONS
Case No. 5-R-14,57.-Decided February 16, 1944
Semmes, Bowen & Semmzes, by Mr. William MacMillan, of Balti-
more, Md., for the Company.
Mr. Frank J. Bender, of Baltimore, Md., for the Union.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Congress of Industrial Organizations,
herein called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of The J. S. Young
Company, Baltimore, Maryland, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before George L. Weasler, Trial Examiner. Said
hearing was held at Baltimore, Maryland, on January 11, 1944. The
Company and the Union 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 an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The J. S. Young Company is a Maryland corporation with its sole
plant and place of business located in Baltimore, Maryland, where it
is engaged in the manufacture of licorice and tannery and dyewood
extracts. In connection with its operations the Company imports from
numerous foreign countries the various raw materials from which its
54 N. L. R. B., No. 211.
1375
1376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
products are made. Said imports normally amount in value to in
excess of $250,000 per year. Approximately 90 percent of the Com-
pany's products is sold and shipped from the Baltimore plant to
points outside the State of Maryland.
The Company admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
U. THE ORGANIZATION INVOLVED
Congress of Industrial Organizations is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about November 30, 1943, the Union wrote to the Company,
requesting recognition as the exclusive bargaining representative of
the Company's employees. The Company has refused to grant such
recognition to the Union, until it has been certified by the Board in an
appropriate unit. ,
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing and a statement by the Trial Examiner, made
subsequent to the hearing pursuant to stipulation of the parties, indi-
cate 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 Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In conformance with the stipulation of the parties, we find that all
production and maintenance employees of the Company, but excluding
clerical 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. 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-
1 The Field Examiner reported that the Union submitted 41 authorization cards bearing
apparently genuine original signatures of persons listed on the Company ' s pay roll of
December'21, 1943, which contained the names of 77 employees in the appropriate unit.
The Trial Examiner reported that the signatures on all the aforesaid cards appear to be
genuine original signatures of employees listed on the aforesaid pay roll.
THE J . S. YOUNG COMPANY 1377
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The J. S. Young
Company, Baltimore, Maryland, 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 Fifth 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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees 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 Congress of Industrial Organizations for the purposes of collective
bargaining.
567900-44-vol. 54-88