Boeckeler Associates

National Labor Relations Board - Board Decisions

Mar 15, 1945

60 N.L.R.B. 1208 (N.L.R.B. 1945)

In the Matter of BOECKELER ASSOCIATES AND CHEMPROTIN PRODUCTS
and OIL WORKERS INTERNATIONAL UNION, C. I. 0., AND LOCAL 456,
OIL WORKERS INTERNATIONAL UNION , C. I. 0.
Cases Nos. 7-R-19P2 and 7-R-19,32 .-Decided March, 15,1945
Messrs . R. I. Marquis and Daniel J. Tindall , of Detroit , Mich., for
the Companies.
Maurice Sugar and Jack N. Tucker , by Mr. Jack N. Tucker, of
Detroit, Mich., for the C. I. 0.
Mr. S. G. Lippman, of Chicago, Ill., for the AFL.
Mr. Bernard Goldberg , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petitions duly filed by Oil Workers International Union,
C. I. 0., and Local 456, Oil Workers International Union, C. I. 0.,1
herein collectively called the CIO, alleging that questions affecting
commerce had arisen concerning the representation of employees of
Boeckeler Associates and Chemprotin Products,2 Trenton, Michigan,
herein collectively called the Companies, the National Labor Rela-
tions Board consolidated the cases and provided for an appropriate
hearing upon due notice before Robert J. Wiener, Trial Examiner.
Said hearing was held at Detroit, Michigan, on February 2, 5, and 6,
1945. The Companies, the CIO, and Local 66, Distillery, Rectifying,
and Wine Workers International Union of America, A. F. L., herein
called the AFL, appeared and participated. All parties were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner reserved for the Board rulings on (1) the Companies'
i Local 456, Oil Workers International Union, C. I. 0, was made a party to this proceed-
ing by amendment at the hearing.
2 The Companies are limited partnerships comprised of identical partners. For conven-
ience, all parties stipulated that they should be referred to throughout this proceeding by
their business names.
60 N. L. R. B., No. 206.
1208
BOECKELER ASSOCIATES AND CHEMPROTIN PRODUCTS 1209
motion to dismiss the petitions on the ground that their employees
were ineligible for membership in the CIO; (2) the AFL's motion to
dismiss ° the petitions-because (a) the employees of the Companies
are not eligible for membership in the CIO, (b) the designations
submitted by the CIO carried the name of Local 456 rather than of
the International on all but five of the cards submitted to the Board
as evidence of representation, and (c) the amendment adding Local
456 as a petitioner was made under such circumstances as to render
impossible the investigation required by the Act. The AFL further
moved that the CIO be required to waive as a ground for possible
objections to the election any matter revealed at the hearing.3 We
find no merit in any of these motions and they are all hereby denied.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
Boeckeler Associates, a limited partnership organized under the
laws of Michigan, is engaged in the manufacture of industrial alcohol
which is used in the manufacture of synthetic rubber and black smoke-
less powder. During its last fiscal year, Boeckeler Associates pur-
chased raw materials for use in its manufacturing operations valued
in excess of $3,00,000, almost all of which was purchased outside the
State of Michigan. During the same period, Boeckeler Associates
produced finished products valued at more than $4,000,000, all of which
was shipped to points outside the State of Michigan.
Chemprotin Products, like Boeckeler Associates, a limited partner-
ship organized under the laws of Michigan, is engaged in the manu-
facture of glutin and grain suspensions. During its last fiscal year,
Chemprotin Products purchased raw materials valued, at more than
$320,000, all of which was purchased outside the State of Michigan.
During the same period, Chemprotin Products sold manufactured
products valued in excess of $350,000. All of the glutin was shipped
to points outside the State of Michigan while the grain suspensions
were sold to Boeckeler Associates.
We find that the Companies are engaged in commerce within the
meaning of the National Labor Relations Act.
3 Evidence that a reorganization meeting, of the AFL was held during working hours
on company property was introduced at the hearing. However , no unfair labor practice
charges have been filed by the CIO.
1210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATIONS INVOLVED
Oil Workers International' Union and Local 456, Oil Workers Inter-
national Union, affiliated with the Congress of Industrial Organiza-
tions, are labor organizations admitting, to membership employees of
the Company.
Local 66, Distillery, Rectifying, and Wine Workers International
Union of America, affiliated with the American Federation of Labor,
is a labor organization admitting to membership employees of the
Company. -
III. THE QUESTION CONCERNING REPRESENTATION
On September 27, 1943, the Companies and the AFL entered into a
collective bargaining contract for the period of 1 year to and including
December 3, 1944. The contract provided that "It shall automatically
be continued from year to year unless either party gives notice in
writing of desire to modify, alter, or change the provisions of the
agreement, thirty days prior to the expiration date." On October
31, 1944, the AFL pursuant to the terms of the contract, notified the
Companies in writing of its desire to change the provisions of the
agreement. Thereafter several conferences, between the bargaining
committee of the AFL and the Companies were held until on December
4, 1944, a tentative agreement on'all matters in dispute except the
wage issue was reached. This agreement was, however, never signed
by either party. On December 4, 1944, the membership of the AFL
voted to reject the contract draft, in its entirety and to strike unless
the Companies put forth satisfactory wage proposals by the following
morning. This ultimatum not having been complied with the em-
ployees struck on December 5, 1944, and remained out on strike until
December 13, 1944. Meanwhile, employees of the Companies solicited
membership in the CIO and on December 9, 1944, commenced signing
application cards for membership in that union. On December 11,
1944, at a regular monthly meeting, a motion to dissolve the AFL
was passed by members present. On December 12, 1944, the CIO,
in a telegram to the Companies, stated that it represented a majority
of the employees and requested a meeting for the purpose of negotiat-
ing a new contract. This telegram remained unanswered. The parent
organization of the AFL, claiming that the attempted dissolution
was illegal and hence null and void held a reorganization meeting,
appointed new officers of the local, and resumed negotiations for a new
contract which was finally signed by the AFL and the Companies
on January 22, 1945. '
The AFL contends that the contracts and all the circumstances of
the case should constitute a bar to this proceeding. Admitting in its
brief that the facts in this case do not fall squarely within any recog-
nized decisions of the Board barring an election, the AFL neverthe-
BOECKELER ASSOCIATES AND CHEMPROTIN PRODUCTS 1211
less contends that "it would be inequitable and seriously disturbing
to sound labor relations to direct the holding of an election at this
time." We find no merit in this contention. The AFL further ar-
gues, inter alia, that the December 12, 1944, notice which the CIO
served upon the Companies was ineffective because it was not given
prior to the automatic renewal date of the original contract. 'This
argument would have some weight if the automatic -renewal clause
had in fact become operative; here, however, the AFL had, pursuant
to its terms, served written notice of a desire to alter the provisions of
the contract, thereby terminating it and rendering the automatic
renewal clause inoperative.' We find that none of the contracts or
proposed contracts constitute a bar to this proceeding since the Sep-
tember 27, 1943, contract expired on December 3, 1944, as the result
of the notice from the AFL; the proposed contract agreed to by the
negotiators for the AFL and the Companies on December 4, 1944,
was repudiated by the membership of the AFL and was never signed; 5
and the contract of January 22, 1945, was executed after the Com-
panies had received notification of the CIO's conflicting claim of
representation."
Both the Companies and the AFL assert that the employees in-
volved in this proceeding are ineligible for membership in the CIO
under the constitution and bylaws of that organization and that,
therefore, the CIO's petition should be dismissed. We have con-
sidered similar arguments in other cases and have uniformly held
that the constitutional right of a petitioning union to accept par-
ticular employees as members is immaterial in the absence of any
proof that the union will not adequately represent such employees.'
A statement of a Board agent introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees in the unit hereinafter found appropriate .8
We find that a question affecting commerce has arisen concerning
the representation of employees of the Companies, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accord with an agreement of the parties,
that all production and maintenance employees of the Companies,
4 Matter of Lamm Lumber Company, 56 N. L. R. B . 1361 ; Matter of Memphis Furniture
Mfg Co , 51 N. L. It B 1447.
5 Matter of Escor, Inc, 46 N. L R B 1035.
6 Matter of Dickson-Jenkins Manufacturing Company, 57 N L R B 1095.
'Matter of Virginia Smelting Company , 60 N. L. It. B. 616 ; Matter of Platter Boat
Works, 59 N . L R B. 292
'The Field Examiner reported that the CIO submitted 153 application cards ; that the
names on 138 of the cards also appeared on the Companies ' pay roll for the period ending
December 28, 1944, which contained the names of 174 employees in the appropriate unit ;
and that 148 of the cards were dated in December 1944, while 5 were undated . The AFL
relies on its contract to establish its interest.
1212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
excluding office and clerical employees, watchmen, technically trained
laboratory employees, and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
r
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 Rela-
tions Act, and pursuant to Article III, Section-9,, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Boeckeler Asso-
ciates and Chemprotin Products, Trenton, Michigan, an election by
secret ballot shall be conducted as early as possible, but not later than
sixty (60) 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, 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 temporarily laid off, and including employees in
the armed forces of the United States who present themselves in per-
son 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 Oil Workers International Union, C. I. 0., and
Local 456,' Oil Workers International Union, C. I. 0., or by Local 66,
Distillery, Rectifying, and Wine Workers International Union of
America, A. F. L., for the purposes of collective bargaining, or by
neither.