Corson Manufacturing Co.

National Labor Relations Board - Board Decisions

May 10, 1943

49 N.L.R.B. 674 (N.L.R.B. 1943)

In the Matter of CoRSON MANUFACTURING COMPANY and UNITED
PAPER, NOVELTY AND Toy WORKERS INT'L UNION-C. I. O.
Case No. R-5155.-Decided May 10, 1943.
Mr. Lyman M. Bass ; ` of Buffalo, N . Y., for the Company.
Mr. John J. Maurillo , of Buffalo , N. Y., for the C. I. O.
Mr. Norbert Berger, of Buffalo, N. Y., for the A. F. of L.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Paper, Novelty and Toy Work-
ers Int'l Union-C: I. 0., herein called the C. I. 0., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Corson Manufacturing Company, Lockport, New
York, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Francis,
V. Cole, Trial Examiner. Said hearing was held at Buffalo, New
York, on April 7, 1943. The, Company, the C. I. O. and Printing
Pressmen and Assistants Union, Local No. 27, herein called the A. F.
of L., 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Corson Manufacturing Company, a New York corporation, is en-
gaged in Lockport, New York, in the manufacture of paper boxes.
During 1942, the Company used raw materials at its Lockport plant
valued in excess of $275,000, of which more than 20 percent was
49 N. L. R. B., No. 98.
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CORSON MANUFACTURING COMPANY 675
shipped' to the plant from points outside the State of New York.
During the same period, the Company manufactured at its Lockport
plant finished products valued in excess of $450,000, of which approxi-
mately 20,percent was shipped to points outside the State of New
York. For the purpose of this proceeding, the Company admits
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Paper, Novelty and Toy Workers Int'l Union is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Printing Pressmen and Assistants Union, Local No. 27, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
Ill. THE QUESTION CONCERNING REPRESENT.ITION
The C. I. O. requested the Company to recognize it as the exclusive
bargaining representative of its employees. The Company refused
the request on the ground that it did not consider that it was in a
position to deal with the C. I. O. because of a collective bargaining
agreement between the Company and the A. F. of L. On March 10,
1943, the C. I. O. filed its petition. Membership application cards sub-
lnitted by the C. I. O. to the Trial Examiner at the hearing indicate
that the C. I. O. represents a substantial number of employees of the
Company in the unit alleged by it to be appr6priate.1
On June 29, 1942, the Company and the A. F. of L. entered into a
contract for one year. This contract, which by its terms was to con-
tinue in effect until July 1, 1943, covered all employees of the Com-
pany with specified exclusions. The contract provided that if either
party wished to propose an amendment to the agreement or a new
contract to take the place of the agreement it `shall notify the other
60 days prior to July 1, 1943. The record indicates that the A. F. of L.
notified the Company within the required period that it desired to
negotiate a new contract. Negotiations have not yet begun.
The A. F. of L. contends that this contract is a bar to a determina-
tion of representatives. The Company maintains that the C. I. O.'s
i The Trial Examiner reported that the C 1 O. submitted 44 membership application
cards , all of which were dated in March 1943, and bore apparently genuine signatures.
Of the 44 presented, 35'bear the names of'persons whose names appear on the Company's
pay roll of April 7, 1943. Said pay roll contains the names of 65 persons in the unit
sought to be established by the C. I. O.
The A. F. of L made no showing of membership , relying on its contention that its
contract is a bar to this proceeding.
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676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
"application" is premature. It is clear, however, that the C. I. O. had
asserted its claim prior to the 60-day period provided for in the
contract. We find that this contract is not a bar to an investigation
of representatives and 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 parties stipulated that the appropriate unit should comprise
all production' and maintenance employees including the compositors,
truck drivers, and watchmen, but excluding the superintendent, the
box department foremen, and office and clerical employees.
It appears that the three compositors employed by the Company
have been members of Typographical Union, and have been bargained
for by that Union. The record fails to show any specific representa-
tion made by the C. I. O. in this group of employees, and they were
specifically excluded from the contract between the Company and the
A. F. of L., as were the truck drivers and watchmen. We shall, there-
fore, exclude these,three groups of employees.
We find that all production and maintenance employees of the
Company, excluding the superintendent, the box department fore-
men, office and clerical employees, compositors, truck drivers, and
watchmen constitute a unit appropriate for the purposes of collective
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-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of our Direction of Election
herein, subject to the limitations and additions set forth in said
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 Relations
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 Corson Manufac-
turing Company, Lockport, New York, 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 super-
CORtiO\ MANUFACTURING COMPANY 677
vision of the Regional Director for the Third 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 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
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 ex-
cluding any , who have since quit or been discharged for cause, to
determine whether they desire to be represented by United Paper,
Novelty and Toy Workers Int'l Union, C. I. 0., or by Printing Press-
men and Assistants Union, Local No. 27 , A. F. of L., for the purposes
of collective bargaining, or by neither.