Unexcelled Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Feb 16, 1942

38 N.L.R.B. 1266 (N.L.R.B. 1942)

In the Matter Of UNEXCELLED MANUFACTURING COMPANY, INC. and
UNITED CONSTRUCTION WORKERS ORGANIZING COMMITTEE , C. I. O.
Case No. R-3520.Decided;February 16,1942
Jurisdiction : pyrotechnic materials manufacturing industry.
Investigation and Certification of Representatives : existence of. question: re-
fusal to accord union recognition until certified by the Board ; agreement by
parties that eligibility be determined by pay roll immediately preceding the
date of Direction of Election, and further that all employees whose names do
not appear on this pay roll but do appear on another agreed pay roll shall be
eligible to vote ; election necessary.
Unit Appropriate for Collective Bargaining : all production, maintenance,
chemical, and shipping employees and inside carriers at the Company's plant,
excluding outside chauffeurs, office employees, foreman, laboratory chemists,
supervisors, and executives ; agreement as to.
Mr. Frederick R. Livingston, for the Board.
Mr. Henry Friedman, of New York City, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 12 and December 31, 1941, respectively, United Con-
struction Workers Organizing Committee, C. I. 0., herein called the
Union, filed with the Regional Director for the Second Region (New
York City) a petition and an amended petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Unexcelled Manufacturing Company, Inc., New York
City, 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 January 14, 1942, 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 au-
38 N L R. B., No. 224.
1266
UNEXCELLED MANUFACTURING COMPANY, INC.,, 1267
thorized the Regional Director to conduct,it and to provide for an
appropriate hearing upon due notice.
On January 31, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. ' '
On February 2, 1942, the Company, the Union, and counsel for the
Board entered into a stipulation setting forth an agreed set of facts
and expressly waiving the holding of a hearing by the Board. The
Board hereby approves the stipulation.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Unexcelled Manufacturing Company, Inc. is a New York corpora-
tion with its principal office at New York City. 'It operates a plant at
Staten Island, New York, where it-is engaged in the manufacture and
sale of pyrotechnic materials. During the six months' period preceding
February 2, 1942, the Company purchased raw materials valued in
excess of $100,000, about 75 percent of which were shipped to it from
points outside the State of New York. During the same period the
Company sold products valued at over $100,000, 95 percent of which
were shipped by it to points outside the State of New York. The
Company admits that it is engaged in commerce within the meaning
of the Act.
II. THE ORGANIZATION INVOLVED
United Construction Workers Organizing Committee is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCEsNING REPRESENTATION
On or about November 7, 1941, the Company refused to recognize
the Union as exclusive .representative of its employees until such time
as the Union is certified by the Board. A ,statement of the Regional
Director, appended to the above-mentioned stipulation, shows that the
Union represents a substantial number of, employees in the alleged
appropriate unit.'
We find that a question has arisen concerning the representation
of employees of the Company.
'The Regional Director reported that the Union presented 169 membership application
cards bearing the names of persons who appear on the Company 's pay roll of November -10,
1941. There are approximately 245 employees in the alleged appropriate unit,
1268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. 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 rela-
tion 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 Vommerce. '
I V. THE APPROPRIATE UNIT
The Company and the Union agree, and we find, that all produc-
tion, maintenance, chemical, and shipping employees and inside car-
riers at the Staten Island plant of the Company, excluding outside
chauffeurs, office employees, foremen, laboratory chemists, supervisors,
and executives, constitute a unit appropriate for the purposes of col-
lective bargaining. We further find that said unit will insure to em-
ployees of the Company the full benefit of their right to self-organi-
zation and to collective bargaining and otherwise will effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot. The Union and the Company agreed that eligibility to vote
shall be determined by the pay roll for the period immediately pre-
ceding the date of the Direction of Election, and further that em-
ployees whose names appear on the Company's pay roll for the week
ending November 10, 1941, should vote although their names do not
appear on the agreed pay roll. We shall direct that those eligible to
vote in the election shall be employees within the appropriate unit
who were employed during the pay-roll period immediately preceding
the date of the Direction of Election herein, including employees
whose names do not appear on that pay roll but which do appear on
the pay roll for the week ending November 10, 1941, subject to the
limitations and additions set forth in the Direction herein.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees ,of Unexcelled Manufacturing Company, Inc.,
New York City, within the meaning of Section 9, (c) and Section 2 (6)
and (7) of the Act.
UNEXCELLED MANUFACTURING COMPANY, I NC. 1269
2. All production, maintenance, chemical, and shipping employees
and inside carriers at the Staten Island plant of the Company, exclud-
ing outside chauffeurs, office employees, foremen, laboratory ehemists,
supervisors, and executives, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (c) of
the National Labor Relations 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 ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Unexcelled Manufacturing Company, Inc., New York City, 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 Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all production, maintenance, chemical, and ship-
ping employees and inside carriers at the Staten Island plant of the
Company who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees whose names
do not appear on such pay roll but which did appear on the pay roll
for the week ending November 10, 1941, and 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 outside chauffeurs, office employees,
foremen, laboratory chemists, supervisors, executives, and employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by United Construction Workers
Organizing Committee, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.