United Drug Co.

National Labor Relations Board - Board Decisions

Feb 25, 1943

47 N.L.R.B. 1040 (N.L.R.B. 1943)

In the Matter of UNITED DRUG COMPANY and LOCAL INDUSTRIAL UNION,
No. 8, (C. I. 0.)
Case No. R-4808.-Decided February P^5, 1943
Jurisdiction : drug manufacturing industry
Investigation and Certification of Representatives : existence of question. stipu-
lation as to ; contract about to expire held no bar; election necessary
Unit Appropriate for Collective Bargaining : all employees of company, including
floorboys, 'fioormeii, -aid girls employed in the print shop and encluding officers,
executives, supervisory employees, power plant employees, employees in re-
search and control department, office employees and employees in the print
shop other than those specifically included ; agreement as to.
Mr. R. F. Hallett, of Roxbury, Mass., for the Company.
Mr. Francis F. Carmichael, of Boston, Mass., for the C. I. O.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CA SE
Upon -a petition duly' filed by Local Industrial Union No. 8
(C. I. 0.), herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
United Drug Company, Roxbury, Massachusetts, herein called the
Company, the National-Labor Relations Board provided for an appro-
priate hearing upon due notice before Robert E. Greene, Trial E'am-
iner. Said hearing was held- at Boston, Massachusetts, on January
29, 1943. The Company and the C. I. O. 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.
I Although duly served with notice of the hearing , District 50, Local 12246 , United Mine
Workei s of America , herein called the U M . W. A, did not appear In a letter to the
Regional Director , which is a part of the record , the U M W A states that it does
not desire to participate in an election and, in effect , asserts its contract as a bar to the
proceeding.
47 N. L. R. B , No 112.
1040
UNITED DRUG COMPANY 1041
Upoli the 'entire record in the 'case, the Board makes the following :
FINDINGS OF FACT'
I. TFIE BUSINESS OF THE COMPANY
United Drug Company is a Delaware corporation with •a plant in
Roxbury, Massachusetts, where it is engaged in the manufacture,
sale, and distribution of drugs, pharmaceuticals, medicines, cosmetics,-
and toiletries. The principal raw materials used by the Company are
botanical drugs, narcotics, chemicals, and essential oils. The annual
purchases of such materials exceed $1,000,000, of which approximately
90 percent is.shipped to the Roxbury plant from points outside Massa-
chusetts. ' The annual sales 'exceed $1;000,000, of which approx-
imately 90 percent is shipped from the said plant to points outside
Massachusetts.
The Company concedes for the'purpose' of this proceeding that it
is engaged in commerce within the meaning of the National Labor
Relations Act. 9
H. THE ORGANIZATIONS INVOLVED
Local Industrial Union No. 8 (C. I. 0.), affiliated with the Con-
gress„of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
District 50, Local 12246, United Mine Workers of America, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 9, 1942, the Company and the U. M. W. A. entered into
a contract by the terms of which the U. M. W. A. was recognized,
as the exclusive bargaining agency for the employees now claimed
by the C. I. 0. This contract expires March 1, 1943.
"In November; 1942, at a regular, -meeting of Local 12246 of the
U. M. W. A., 431 of the total membership'of 463 voted to secede from
the U. M. W. A. and to affiliate with the C. I. 0. There were no dis-
senting votes. Following this action, Local 12246 returned its charter
to the U. M. W. A. and was chartered by the C. I. 0. under its present
name. It was stipulated at the hearing that the Company refuses to
recognize the C. I. 0. as the bargaining agent of the employees until
the C. J. 0. is certified as such agent by the Board. In the letter de-
scribed in footnote 1, above, the U. M. W. A., in effect, asserts that the
contract is a bar to a present determination of representatives. How-
ever, since the contract is about to expire, we find that it is not a
bar.
The statement of the Regional Director, introduced into evidence,
and the testimony at the hearing indicate that the C. I. 0. has a sub-
513024-43-vol 47-66
1042 DECISIONS OF NATIONAL LABOR RELATION'S BOARD
stantial membership among the 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
The Company and the C.'I. 0. agree, and we find, that all employees
of the Company, including floorboys, floormen, and girls employed
in the print shop and excluding officers of the Company, executives,
supervisory, employees, power plant employees, employees in Research
& Control Department, office employees and employees in the print
shop other than those specifically included, constitute a unit' appro-
priate for the purposes of collective bargaining within the meaning
of Section 9'(b) of the Act. I
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-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for,the purposes of collective bargaining with United Drug
Company, Roxbury, Massachusetts, 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 First Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 10, of said Rules and Regulations, among all
employees of the Company 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
2 The Regional Director stated that the C I 0 submitted 449 application-for-member-
rhip cards, of which 435 were dated in December 1942, and 14 were undated Four
hundred thirty-three cards bore apparently genuine original signatures and 414 bore the
names of persons whose names appear on the Company's pay-roll of January 6, 1943.
Said,pay roll contains the names of 699 persons in the appropi late unit.
UNITED D'RUG -COMPANY • 1043
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,
to determine whether or not they desire to be represented by Local
Industrial Union No. 8 (C. I. 0.), for the purposes of collective
bargaining.
MR. WM. M. LEISERsoN took no part in the consideration of the
above Decision and Direction of Election.