Celluplastic Corp.

National Labor Relations Board - Board Decisions

Jan 20, 1945

60 N.L.R.B. 172 (N.L.R.B. 1945)

In the Matter of CELLUPLASTIC CORPORATION and UNITED GAS, COKE
AND CHEMICAL WORKERS OF AMERICA, C. I. O.
Case No. P -R-5O 6.Decided Janv ry 20, 1945
Mr. Milton J. Levy, of New York City,.for,the Company.
Rothbard d Talisman, by Mr. Bernard Cherny, of Newark, N. J.,
for the CIO.
Mr. Elias Lieberman, of New York City, for the AFL.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by United Gas, Coke and Chemical
Workers of America, C. I. 0., herein called the CIO, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Celluplastic Corporation, Newark, New Jersey, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Richard J. Hickey,
Trial Examiner. Said hearing was held at Newark, New Jersey, on
December 8, 1944. The Company, the CIO, and Plastic Button &
Novelty Workers Union, Local 132, International Ladies' Garment
Workers Union, A. F. L., herein called the AFL, appeared and par-
ticipated. All- parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and 'to introduce evidence bear-
ing 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 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 COMPANY
Celluplastic Corporation, a New Jersey corporation having its
principal office and place of business in Newark, New Jersey, is engaged
60 N. L. R B., No. 33.
172
CELLUPLASTIC CORPORATION 173
in the manufacture , sale, and distribution of plastic products.
During the period from December 1 , 1943, to November 30, 1944, the
Company purchased raw materials , principally plastics , valued in ex-
cess of $250 ,000, of which approximately 5 percent was shipped to the
Company's plant from points outside the State of New Jersey. In
the same period , the Company sold fabricated products , mostly plastic
containers and molded plastic specialties , of a value in excess of
$1,000,000, approximately 90 percent of which was transported to
places outside the State of New Jersey.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Gas, Coke and Chemical Workers of America, affiliated with
the Congress of Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company.
Plastic Button & Novelty Workers Union, Local 132, International
Ladies' Garment Workers Union, affiliated with the American Feder-
ation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
The Company has refused the CIO's request that it be recognized
as the bargaining representative for the Company's employees because
of a presently existing, unexpired contract with the AFL.
Bargaining relations between the AFL and the Company began
on June 11, 1941, when the parties executed a contract for a 2-year
period to expire on June 30, 1943. Shortly before the expiration of
this agreement, the parties signed a second 2-year contract to ter-
minate on June 30, 1945. Thereafter, on -October 12, 1944, the CIO
made its initial demand for recognition. It is this second unexpired
contract which both the AFL and the Company claim is a bar to this
proceeding.
Since 1939, the AFL has made it an invariable, practice to enter
into 2-year contracts exclusively with plastic fabricating firms which
it has succeeded in organizing. At the present time, the AFL has
2-year contracts with the Plastic Products Manufacturers' Associa-
tion, a trade association including within its membership 49 indi-
vidual firms, and with about 20 independent fabricating companies
which are not members of the association. At the time of the hearing
the CIO had no contracts with any plastic fabricating firm in the
metropolitan area.
We are of the opinion that a collective bargaining contract for a
2-year period is one of reasonable duration, where, as here, there is
174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
both a history of bargaining on such basis, and a prevailing practice
of firms in the industry to enter into collective bargaining contracts
for a like period.' Since the petition of the CIO was filed subsequent
to the execution of the presently existing contract which will not
expire for almost 6 months, we find that no question has arisen con-
cerning the representation of employees of the Company. We_ shall,
therefore, dismiss the petition without prejudice to the right of the
CIO to file another petition within a reasonable time prior to June
30, 1945, the date on which the present contract terminates.
ORDER
Upon the basis of the above findings of fact, and the entire record
in the case, the National Labor Relations Board hereby orders that
the petition for investigation and certification of representatives of
employees of Celluplastic Corporation, Newark, New Jersey, filed
by United Gas, Coke and Chemical Workers of America, C. I. 0., be,,
and it hereby is, dismissed.
1 See `Matter of West Virginia Coal & Coke Corporation, 58 N. L . R. B 1; Matter of
Owens-Illinois Pacific Coast Co., 36-N. L R. B. 990.