Ehret Magnesia Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Jun 17, 1943

50 N.L.R.B. 717 (N.L.R.B. 1943)

In the Matter of EHRET MAGNESIA MANUFACTURING COMPANY , INOOR-
PORATim and UNITED RUBBER WORKERS OF AMERICA , C. I. O.
Case No. R-5468.-Decided June 17, 1943
Hillegass c Moran, by Mr. J. B. Hillegass, of Norristown, Pa., for
the Company.
Samuel L. Rothbard, by -Mr. Clarence Talisman, of Newark, N. J.,
for the United.
Mr. Robert Trucksess, of Norristown, Pa., for the Association.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Rubber Workers of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Ehret Magnesia Manufacturing Company, Incorporated, Valley
Forge, Pennsylvania, 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 Norristown, Pennsylvania, on June 1, 1943. At the commencement
of the hearing, the Trial Examiner granted a motion of Ehret Em=
ployees Association, herein called the Association, to intervene. The
Company, the United, and the Association appeared at and partici-
pated in the hearing, and all parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
duce 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
1. THE BUSINESS OF THE COMPANY
Ehret Magnesia Manufacturing Company, Incorporated, is a
Pennsylvania corporation with its principal place of business at
50 N. L. R. B., No. 99.
717
718 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Valley Forge, Pennsylvania, where it is engaged in the manufacture
and sale of insulating materials and mechanical packings. During
1942 the Company used raw materials valued at about $486,000, all of
which was shipped to it from points within the State of Pennsylvania.
During the same period, the Company sold products valued at about
$2,000,000, over 50 percent,of which was shipped to points outside the
State of Pennsylvania. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II, THE ORGANIZATIONS INVOLVED
United Rubber Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting 'to mem-
bership employees of the Company.
Ehret Employees Association is an unaffiliated labor organization,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 27, 1943, the United, claiming to represent a majority of
the Company's employees,' requested the Company to recognize it as
the exclusive collective bargaining representative of its employees.
The Company did not reply to this request.
On August 1, 1941, the Company and the Association entered into
an exclusive bargaining contract. The contract provides that it shall
remain in effect until August 1, 1943, and from year to year thereafter
unless either party thereto notifies the other, of a desire to terminate
at least 30 days prior to any annual expiration date. The Associa-
tion contends that its contract with the ' Company is a bar to the
instant proceeding and requests that the petition be dismissed. Inas-
much as less than a month remains until July 1, 1943, the date upon
which the contract 'automatically renews itself, it is clear that the
contract does not preclude the Board from investigating or certifying
a bargaining representative for the purpose of negotiating a new
'agreement for the period following August 1, 1943, if such is desired.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the -United represents a substantial num-
ber of employees in the unit hereinafter found to be 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.
The 'Regional Director reported that the United presented 110 membership application
cards bearing apparently genuine signatuies of persons whose names appear on the Com-
pany ' s pay roll of May 15, 1943 There are approximately 230 employees in the appropri-
ate unit The Association did not resent any evidence of representation to the Regional
Director but relies upon its contract « ith the Company as evidence of its interest.
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EHRET MAGNESIA MANUFACTURING COMPANY,, INC. 719
1V. THE APPROPRIATE UNIT
The United and the Association stipulated that all production and
maintenance employees of the Company, excluding supervisory em-
ployees, foremen, office clerical employees, watchmen, guards, and
timekeepers, constitute an appropriate unit. The Company took no
position with respect to the unit. -
, We find that all production and maintenance employees of the
Company, excluding supervisory employees, foremen, office clerical
employees, watchmen, guards, and timekeepers, constitute a unit
appropriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the Act.
IV. THE DETERMINATION OF REPRE.ENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election 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 Ehret Magnesia
Manufacturing Company, Incorporated, Valley Forge, Pennsylvania,
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
Fourth 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 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 they desire to, be, repre-
sented by United Rubber Workers of America, C. I. 0., or by Ehret
Employees Association, for the purposes of collective bargaining, or by
neither. -
This is substantially the same unit piovided for in the contract between the Company
and the Association.