J. C. Blair Co.

National Labor Relations Board - Board Decisions

Jun 30, 1947

74 N.L.R.B. 408 (N.L.R.B. 1947)

In the Matter of J. C. BLAIR COMPANY , EMPLOYER and UNITED
PAPER WORKERS OF AMERICA, CIO, PETITIONER
Case No. 6-R-1648.-Decided June 30, 194.7
Mr. Kenneth G. Jackson, of Pittsburgh, Pa., and Mr. Jewett
Henry, of Huntingdon, Pa., for the Employer.
Mr. J. D. Sandner, of Columbus, Ohio, for the Paper Workers.
Mr. Lee E. Hoover, of Huntingdon, Pa., for the Construction
Workers.
Miss Irene R. Shriber, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at
Huntingdon, Pennsylvania, on March 17, 1947, before Henry Shore,
hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. At the
hearing, the Employer moved to dismiss the petition on the ground
that less than a year has elapsed since a Board-conducted election,
was'held at the plant. For reasons hereinafter stated, this motion
is hereby denied.
Upon the entire record in the case, the National Labor Relations
Board makes the following::
FINDINGS OF FACT
'I. THE BUSINESS OF TI1E EMPLOYER
J. C. Blair Company, a Pennsylvania corporation whose principal
office and plant is at Huntingdon, Pennsylvania, is engaged in the
manufacture, sale, and distribution of stationery supplies. During
the year preceding the hearing, the Employer purchased more than
$1,000,000 worth of raw materials, of which approximately 90 per-
cent was obtained from points outside the Commonwealth of Penn-
sylvania. During the same period, the Employer's finished products
exceeded $1,000,000 in value, of which 85 percent was sold to out-of-
State customers.
74 N. L. R. B., No 72.
408
J. C. BLAIR COMPANY 409
The Employer admits and we find that it is engaged in, commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
United Construction Workers, herein called the Construction Work-
ers, is a labor organization affiliated with the United Mine Workers
of America, affiliated with the American Federation of Labor, claim-
ing to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
On July 23, 1946, the Board, pursuant to a petition filed by the
Construction Workers, directed an election among the employees of
the Employer.' The Paper Workers intervened in that proceeding
and appeared on the ballot along with the Construction Workers.
Inasmuch as neither union secured a majority of the votes cast in
that election, the Board dismissed the petition on August 5, 1946.1
On November 12, 1946, about 4 months after the afore-mentioned
election, the Paper Workers filed the petition herein.' The Employer
contends that the Board should not direct an election at this time be-
cause less than a year has elapsed since an election was conducted
among the same employees. This is not a situation, however, where
the same Petitioner is seeking a second election within a year 4 While
the Paper Workers participated in the earlier proceeding, it was not
the Petitioner therein. We do not believe that the Paper Workers'
request for a determination of representatives should be denied because
a petition by a rival union resulted in an inconclusive election less
than a year before. Accordingly, we find no merit to the Employer's
contention and shall proceed with a determination of representatives.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
production and maintenance employees of the Employer, including
' Case No 6-R-1373.
The record shows that of approximately 358 eligible voters , 18 votes were cast for the
Consti action workers, 141 for the Paper workers, and 172 for neither.
I The petition was subsequently amended on February 4, 1947.
4 Cf. Matter of Ingalls Shipbutildting Corporation, 73 N. L. it. B. 374.
410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
truck drivers and their helpers, watchmen, floor ladies, all truckers
and handlers , and parcel post and express countermen , but excluding
clerical employees and all supervisory employees with authority to
hire, promote , discharge , discipline , or otherwise effect changes lit
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.
DIRECTION OF ELECTION 5
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with J. C. Blair Company , Hunting-
don, 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 Sixth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately 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 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 rep-
resented by United Paper Workers of America, CIO, or by United
Construction Workers, affiliated with the United Mine Workers of
America, American Federation of Labor, for the purposes of collective
bargaining , or by neither.
5 Any participant in the election directed herein may , upon its prompt request to and
approval thereof by the Regional Director , have its name removed from the ballot.