National Vulcanized Fibre Co.

National Labor Relations Board - Board Decisions

May 16, 1944

56 N.L.R.B. 567 (N.L.R.B. 1944)

In the Matter of NATIONAL VULCANIZED FIBRE Co. and UNITED ELEC-'
TRICAL , RADIO & MACHINE WWWORICERS OF AMERICA, CIO
Case No. 4-R-1394.-Decided May 16, 1944
Mr. Arthur G. Logan; of Wilmington , Del., for the Company.
Mr. Samuel Goldberg and Mr. Francis White, of Philadelphia, Pa.,
for the Union. '
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION,
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, CIO, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
,of employees of National Vulcanized Fibre Company, Yorklyn, Dela-
ware, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Eugene
M. Purver, Trial Examiner. Said hearing was held at Wilmington,
Delaware, on April 25,1944. The Company and the Union appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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 an opporunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
J. THE BUSINESS' OF THE COMPANY
The Company, a Delaware corporation, is engaged in the manufac-
ture and sale of vulcanized fibre and bakelite products. It operates,
four plants, in Wilmington, Newark, and Yorklyn, Delaware, and in
Kennett Square, Pennsylvania. Only the Yorklyn'plant is involved
in this proceeding. Over 95 percent of the raw materials used at
56 N. L. R B., No. 108.
567
568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
this plant come from sources outside the State of Delaware, and over
95 percent of the finished product is shipped to points outside of
Delaware. The Company's annual business aggregates approximately
$5,000,000.
The Company admits that it is engaged in commerce within, the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of'America, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of the Company's em-
ployees until the Union has been certified by the Board in an appro-
priate unit.
A statement of a Board' agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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
We find in substantial agreement with a stipulation of the parties
that all production, maintenance and shipping employees at the Yoik=
lyn plant of the Company, excluding executives, general office clerical
employees, mill office clerical employees and shipping office clerical
employees, truck drivers, laboratory technicians, safety and fire inspec-
tors, foremen, assistant foremen, and any other supervisory employees
with authority to, hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
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-
1 The Field Examiner reported that the Union submitted 229 authorization cards, 199
of which bore the names of persons appearing on the Company's pay roll of April 2_1944,
which contains the names of 317 employees in the appropriate unit At the time of the
hearing there were 350 and 375 employees in the appropriate unit.
NATIONAL VULCANIZED FIBRE CO. 569
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.2
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 Relations
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 National Vul-
canized Fibre Co., Yorklyn, Delaware, 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 supervi-
sion of the, Regional Director for the Fourth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations, 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
.the said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but exclud-
ing 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 or not they desire to be represented by United
Electrical, Radio & Machine Workers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining. ,
2 The Union requests that the April 30, 1944, pay roll be used in determining eligibility
to vote in the election. We find nothing in the record requiring deviation from our usual
practice in respect to eligibility pay-roll date. The request is denied.