Thermoid Co.

National Labor Relations Board - Board Decisions

Jul 16, 1947

74 N.L.R.B. 524 (N.L.R.B. 1947)

In the Matter of TFIERMOID COMPANY, EMPLOYER AND PETITIONER and
UNITED Rum ER WORKERS OF AMERICA, LOCAL UNION No. 83, CIO
and INTERNATIONAL CHEMICAL WORKERS UNION, A. F. of L.
In the Matter of TIIERMOID COMPANY, EMPLOYER and INTERNATIONAL
CHEMICAL WORKERS UN10N, A. F. OF L., PETITIONER
In the Matter of TIIERMOID COMPANY, EMPLOYER and UNITED RUBBER,
CORK, LINOLEUM AND PLASTIC WORKERS OF AMERICA, CIO,
PETITIONER
Cases Nos. 4-RE-!/, 4-R-2101, and !-R-26i . , respectively.--Decided
July 16, 1947
Messrs. Geoffrey J. Cuetni f f and James G. Flanigan, of Philadelphia,
Pa., for the Employer.
Messrs.-Samuel L. Rothbard and O. H. Bosley, of Newark; N. J., and
Messrs. Lyman Covert and Jolun A. Jones, of Trenton, N. J., for the
CIO.
Messrs. Jacob Friedland and Irving Barist, of Jersey City, N. J., and
Messrs. A. Vincent Busbey, John McEntee, and James Gallagher,
of Newark, N. J., for the A. F. of L.
Miss Frances Steyer, of counsel to the Board.
DECISION o
AND
DIRECTION OF ELECTION
Upon separate petitions i duly filed, hearing in these consolidated
cases was held at Trenton, New Jersey, on June 4, 1947, before John H.
Garver, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
'United Rubber, Cork, Linoleum and Plastic Woikers of America , CIO, was formerly
known as United Rubber workers of America, CTO
74NLRB',No97
524
THEI MOID COMPANY 525
Upon the entire record in the case, the National Labor Relations
Board makes the following .
FINDINGS OF FACT
I. TI3E BUSINESS OF TILE EMPLOYER
Thermoid Company, a, Delaware corporation, is engaged in the
iuaunfactnre , sale, and distribution of mechanical rubber goods and
automotive parts at its plant at Trenton, New Jersey.
During 1946 the Employer purchased raw materials valued at more
than $500,000, of which 50 percent was shipped from points outside
New Jersey. During the sine year the Employer's finished products
were valued at more than $1,000,000, of which approximately 75 per-
cent was shipped to points outside New Jersey.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Chemical Workers Union, herein called the A. F. of L.,
is a labor organization affiliated with the American Federation of
Labor, claiming to represent employees of the Employer.
United Rubber, Cork, Linoleum and Plastic Workers of America,
Heretofore known as United Rubber Workers of America, herein called
the CIO, is a labor organization affiliated with the Congress of Indus-
trial Organizations, claiming to represent employees of the Employer.
III. TAE QUESTLON CONCERNING REPRESENTATION
The Employer refuses to recognize either the CIO or the A. F. of L.
as the exclusive bargaining representative of employees of the Em-
ployer unless certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agree that production, maintenance, and service employ-
ees, Including garage employees, cafeteria employees, shipping and
receiving clerks, and unskilled laboratory employees, but excluding
tinnekeepers, tune-study employees, office employees (main and plant),
all salaried employees not engaged in maintenance and production
work, superintendents, assistant superintendents, foremen, assistant
526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
foremen, and all other supervisory employees, constitute an appropri-
ate bargaining unit. The Employer would include, and the CIO and
A. F. of L. exclude, three classifications of employees: inspectors,
maintenance store clerks, and tool crib attendants.
Inspectors: There are about 90 inspectors in the plant, whose work
consists of examining finished products on a conveyor belt and deter-
mining whether each article is satisfactory or defective and, if defec-
tive, whether suitable for sale as a "second" or so defective as to be
destroyed. The earnings of other employees are not affected by this
inspection, for defects which appear are traceable to groups of em-
ployees who have worked on the product, rather than to any individual
employee. Improper inspection is traced to the individual inspector,
however, as the "seconds" are spot-checked by assistant foremen.
With the exception of some 20-25 inspectors in the fan belt depart-
ment who work in a separate room from other employees, inspectors
work in the same floor area as maintenance and production employees.
Inspectors punch time clocks, are hourly paid, and work the same
hours, and have the same pay rate and vacation privileges as the other
employees.
Maintenance store clerks: There are four maintenance store clerks
who work in a room adjacent to the plant's maintenance division.
Their work consists of locating and handing over supplies such as
gloves, tools, bolts, and knives to employees who present a requisition
signed by a foreman. They are hourly paid.
Tool crib attendants: There is only one full-time tool crib attend-
ant. His work consists of issuing special tools to machinists. He
works in a room next to the machine shop, is under the machine shop
foreman's supervision, and is paid on an hourly basis. A. part-time
employee sometimes performs this work on the second shift.
The duties of the inspectors, maintenance store clerks, and tool crib
attendants warrant their inclusion in the bargaining unit, and em-
ployees in these categories were included in the bargaining contracts
following a certification of representatives issued by the Board in an
earlier representation proceeding.2 Under these circumstances, we
shall include the categories in the unit herein found appropriate.
We find that all production, maintenance, and service employees,
including garage employees, cafeteria employees, shipping and receiv-
ing clerks, unskilled laboratory employees, inspectors, maintenance
store clerks, and tool crib attendants, but excluding timekeepers, time-
2 On October 24, 1940, the Board certified United Rubber Workeis of America, Local No.
83, CIO, as the exclusive bargaining representative of all employees at the Employer's
Trenton plant with certain named exclusions . The categories of employees in dispute in
the instant proceeding, not specifically excluded, were deemed in the unit and were covered
by bargaining contracts . 27 N. L. R. B. 1090.
THERMOID COMPANY 527
study employees, office employees (office and plant), all salaried em-
ployees not engaged in maintenance and production work, superin-
tendents, assistant superintendents, foremen, assistant foremen, and
all other supervisory employees, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
DIRECTION OF ELECTION 3
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Therinoid Company, Trenton,
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 Fourth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Sections 203.55 and 203.56, of
National Labor Relations Board Rules and Regulations-Series 4,
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
of the United States who present themselves in person at the polls,
but excluding 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 they desire to be represented by
International Chemical Workers Union, A. F. of L., or by United
Rubber, Cork, Linoleum and Plastic Workers of America, CIO, for
the purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
3 Any participant in the election herein cliceetecl may, upon its piompt request to, and
approval thereof by, the Regional Director, have its name removed from the ballot.
755420-48-vol. 74-35