The Vellumoid Co.

National Labor Relations Board - Board Decisions

Jun 5, 1941

32 N.L.R.B. 303 (N.L.R.B. 1941)

In the Matter of THE VELLUMOID COMPANY and WEST SIDE LocAL 174,
INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA,.
AFFILIATED WITH THE C. I. O. -
Case No., R4568..-Decided June 5,1941
Jurisdiction : gasket and sheet packing manufacturing industry.
Investigation and Certification of Representatives : existence of question:'stip-
ulated that Company refused to accord union recognition until it is-certified by
the Board ; election necessary.
Unit Appropriate for Collective Bargaining :, all hourly and piece-work produc-
tion and maintenance employees, excluding office and clerical help, and all
supervisory employees ; 'agreement as to.
Mr. Chester M. Culver and 'Mr. ,James ,Crothers, of Detroit, Mich.,
for the Company.,
Mr. George Schewe, Mr. William. Kemsley, and Mr. Frank Bailey,
of Detroit, Mich., for the United.
Mr. Eugene M. Purver, of counsel to the Board.
DECISION
AND
DIRECTION OF' ELECTION
STATEMENT OF THE CASE
On March 17, 1941, West Side Local 174, International Union,
United Automobile Workers of America,' affiliated with the C. I.t O.,
herein called the United, filed with-, the Regional Director for the
Seventh Region (Detroit, Michigan) a' petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of The 'Vellumoid Company, Detroit, Michigan, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to" Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein 'called the Act. On April 21-1941,
the National Labor' Relations Board,' Herein called the Board, acting
pursuant to Section 9 (c) of the Act, and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
32 N. L. R. B., No. 69.
303
304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On May 13, 1941, the Regional Director issued a notice of hearing
copies of which were duly served upon the Company and the United.
Pursuant to notice, a hearing was held on May 19, 1941, at Detroit,
Michigan, before Harry N. Casselman, the Trial Examiner duly desig-
••nated by the Chief Trial Examiner. The Company and the United
were represented and participated in the hearing: Full opportunity
to be heard, to examine and to cross-examine witnesses, and to intro-
duce evidence bearing on the issues was afforded all parties. During
the hearing the Trial Examiner made rulings on the admission of
evidence. These rulings are hereby affirmed:
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF, THE COMPANY ,
The Vellumoid Company, a Massachusetts corporation authorized
to do business in Michigan, operates plants at Worcester, M'a'ssachu-
-setts, at East Taunton, Massachusetts, and - at Detroit, Michigan.'
The Company is engaged in the manufacture of gaskets and sheet
packings. During 1940 the Company used at its Detroit, Michigan,
plant, raw materials valued in excess of $280,000, approximately 95
per cent of which were acquired from points outside the State of
Michigan. During the same period the value of the finished prod-
ucts of the Detroit plant was in excess of $400,000, of which approxi-
mately 62 per cent were sold to points outside the State of Michigan.
II. THE ORGANIZATION INVOLVED
West Side Local 174, International Union, United Automobile
Workers of America, affiliated with the C. I. 0., is a labor organiza-
tion admitting to membership employees- of the Company.
HI. THE QUESTION CONCERNING REPRESENTATION
At the hearing the parties stipulated that the Company refuses to
recognize the United as the sole and exclusive representative for its
employees at the Detroit, Michigan, plant, until the Board certifies
the United as the sole and exclusive representative of the employees
of the Company within an appropriate unit.
At the hearing a report prepared by the Regional Director was
introduced in evidence showing that the United represents a substan-
1 This proceeding is concerned only with the Detroit , Michigan , plant.
THE VELLUMOID COMPANY 305
tial number of the employees within the unit hereinafter found to
be appropriate.'
We find that a question has arisen concerning, the representation
of employees of the Company.
1V. THE EFFECT OF THE QUESTION CONCERNING
REPRESENTATION UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial-
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening, and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the parties agreed, and we find, that all hourly and
piece-work production and maintenance employees, excluding office
and clerical help, and all supervisory employees, at the Company's
Detroit, Michigan, plant, constitute a unit appropriate for the pur-
poses of collective bargaining. We further find that, said unit will
insui'e'to employees of the Company the-full benefit of their right to
self-organization and collective bargaining and otherwise effectuate
the policies of the Act. - - -
VI. TIIE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre=
sentation of employees' of the Company can best be resolved by an
election by secret ballot. We shall direct that those eligible to vote
in the election shall be the employees within the appropriate unit
who, were employed by the Company.during the pay-roll period im-
mediately preceding -the date of the Direction of Election, subject
i o such limitations and additions as are set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following : -
2 The statement of the Regional Director concerning claims of authorization for the pur-
pose of representation shows that the United submitted 36 authorization cards , all dated
between February 1,'1941, and March 31 , 1941, and all bearing apparently genuine , original
signatures of persons whose names appear on the Company 's pay roll last preceding April
25, 1941.
At the time of the hearing ( May 19 , 1941) these were 66 employees within the unit
claimed by both parties to be appropriate.
306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW'
1. A question affecting. commerce has arisen concerning the repre-
sentation of the employees of The Vellumoid Company, Detroit,
Michigan, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All hourly and piece-work production and maintenance
employees, excluding office and clerical help, and all supervisory
employees, at the Company's Detroit, Michigan, plant, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Vellumoid` Company, Detroit, Michigan, 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 Seventh Region,
acting in this matter as agent for the National Labor Relations Board
and subject to Article III, Section 9, of said Rules and Regulations,
among all hourly and piece-work production and maintenance em-
ployees of the Company at its' Detroit, Michigan, plant, who were
employed during the pay-roll period immediately preceding the date
of this Direction, including, employees who did not work during such
pay-roll period because, they were ill, or on vacation, or in the active
military service or training of the United States, or temporarily laid
off, but excluding office and clerical help, all supervisory employees,
and those who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented for the purposes
of collective bargaining by West Side Local 174, International Union,
United Automobile Workers of America, affiliated with the C. I. O.