The Lavoris Co.

National Labor Relations Board - Board Decisions

Jul 18, 1944

57 N.L.R.B. 415 (N.L.R.B. 1944)

In the Matter of THE LAVORIS COMPANY - ancl UNITED GAS, COKE &
CHEMICAL WORKERS OF AMERICA , C. I. O.
Case No ..18=B-1040.Decided July 18, 1944,
Mr. Warren B. Legler, of Minneapolis , Minn., for ,the Company.
Helstein d` Hall, by Mr . Kenneth J. Enkel, of Minneapolis , Minn.,
Mr. Madigan , of St. Paul , Minn ., and Mr. Leonard Lageman , of Min-
neapolis, Minn ., for the C. I. O.
Mr. Wilbur Schuh, of Appleton , Wis., "and Messrs . John H. Cook,,
Gerald Keller , and John G. Bryant, of Minneapolis , Minn., for Dis-
trict 50.
Mr. Louis Cokin , of counsel to the Board.
DECISION -
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Gas, Coke & Chemical Workers
of America, C. I. 0., herein called the C. 1. 0., alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of The Lavoris Company, Minneapolis, Minnesota, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Francis X. Helge-
sen,'Trial Examiner. Said hearing was held at Minneapolis, Minne-
sota, on June 26, 1944. At the commencement of the hearing, the,
Trial- Examiner granted a motion of District 50, United Mine
Workers of America,. Local Union 12106, herein called District 50, to
intervene. The Company, the C. I. 0., and District 50 appeared- at,
and participated in, the hearing, and 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 opportunity to file briefs
with the Board. -
57 N. L R. B., No. 79. '
415
J
416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in,the, case, the Board makes the following:,
FINDINGS OF- FACT `
1. THE BUSINESS OF THE COMPANY
The Lavoris Company is a Delaware corporation with its principal
place of business at Minneapolis, Minnesota, where it is engaged in
the manufacture of a mouthwash known as "Lavoris." During 1943
the Company purchased raw materials valued at about $300,000, ap-
proximately 90 percent of which was shipped to it from points outside,
the State of Minnesota. During the same period the Company manu-
factured products valued at about $1,300,000, over 98 percent of which
was shipped to points outside the State of Minnesota.
The Company admits that it is engaged in, commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Gas, Coke & Chemical Workers of America is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
District 50, United Mine Workers of America,. Local Union 12106,
is-a labor organization, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 5, 1944, the C. I. 0. requested the Company to recognize
it as the exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request.
On July 1, '1943, District 50 and the Company entered into an ex-
clusive bargaining contract. The contract expired by its terms on
June 30, 1944. None of the parties urges the contract as a bar to these
proceedings.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the C. I. 0. and District 50 each
represents a substantial number of employees in the unit hereinafter
found to be appropriate 1
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.
I The Regional Director reported that the C I. 0 presented 28 applications for member-
ship cards hearing apparently genuine signatures of persons whose names appeared on the
June 9, 1944, pay roll of the Company. There are approximately 86 employees in the ap-
propriate unit. District 50 presented 35 dues ledger cards bearing the names of persons
in the unit.
THE LAVORIS COMPANY
IV. THE APPROPRIATE UNIT
417
We find, in substantial agreement with'a stipulation of the parties,
that all production and maintenance employees of the Company, ex-
cluding 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, con-
stitute a unit appropriate for" the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.2
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the' question concerning representation which
has arisen be resolved by means of an election by secret ballot among
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 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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- Lavoris Com-
pany, Minneapolis, Minnesota, an election by secret ballot shall be con-
ducted 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 Eighteenth Region, acting in this matter as
as agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the em-
ployees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period.imrriedlately 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 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 United Gas, Coke & Chemical Workers
of America, C. I. 0., or by District 50, United Mine Workers of Amer-
ica, Local Union 12106, for the purposes of collective bargaining, or by
neither.
2 This is substantially the same unit as provided for in the contract between District 50
and the Company alluded to above.
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