Johns-Manville Corp.

National Labor Relations Board - Board Decisions

Mar 26, 1945

61 N.L.R.B. 1 (N.L.R.B. 1945)

In the Matter Of JOHNS-MANVILLE CORPORATION AND JOHNS-MANVILLE
SALES CORPORATION and HQME INSULATOR'S UNION LOCAL No. 1
Case No. 2-R-4840.Decidet1 March 26, 1945
Mr. Arthur L. Fisk, Jr., of New York City, for the Company.
Mr. Kenneth Jacobus, of Union, N. J., for the Independent.
Mr. Thomas L. Parsonnet, of Newark, N. J., for the AFL.
Mr. Sidney Grossman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon an amended petition duly filed by Home Insulator's Union
Local No. 1, herein called the Independent, alleging that a question
affecting commerce had arisen concerning the, representation of em-
ployees of Johns-Manville Corporation,' Manville, New Jersey, and
Johns-Manville Sales Corporation, Summit, New Jersey, herein called
the Companies, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Jerome I. Macht, Trial
Examiner. Said hearing was held at Newark, New Jersey, on January
23 and 24, 1945. The Company, the Independent, and Local 32-B,
International Association of Heat and Frost Insulators and Asbestos
Workers, affiliated with the American Federation of Labor, herein
called the AFL, appeared and participated. All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Examiner
reserved ruling upon motions of the AFL to dismiss the petition herein,
on the grounds that Johns-Manville Corporation is not an employer of
the employees here involved, and that Johns-Manville Sales Corpora-
tion is not engaged in commerce within the meaning of the Act. For
the reasons set forth in Section I, infra, the motions are hereby granted.
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded an
opportunity to file briefs with the Board.
' At the hearing the naive of Johns-Manville Corporation was corrected as designated
above.
61 N. L. R B. No. 1.
1
2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Johns-Manville Sales Corporation, a Delaware corporation, is en-
gaged, as a wholly owned subsidiary of Johns-Manville Corporation,
in distributing Manville products throughout the country. This pro-
ceeding is concerned with the Summit, New Jersey, branch of the Sales
Corporation which, as part of its home insulation division, is engaged
in insulating buildings. The Summit branch secures nearly all of its
materials, consisting principally of rock wool, from the Manville, New
Jersey, plant of the parent' Corporation. During the years 1943 and
1944, the total value of materials so obtained for rock wool insulations
by the Summit branch was in excess of $750,000 annually, of which'
approximately 95 per cent involved the insulation of residential build-
ings in New Jersey and the balance represented insulations in adjacent
areas in the State of New York and on ships located principally in New
Jersey harbors. It is apparent, as the record discloses, that the opera-
tions at the Summit branch of the Sales Corporation, as above de-
scribed, are part of the building and construction industry, one, over
which the Board does not customarily assert jurisdiction. While the
evidence clearly establishes the fact that the Sales Corporation is within
the purview of the Act, we are of the opinion that the policies of the
Act will not be effectuated by the assumption of jurisdiction in this
case.2 We shall therefore dismiss the petition in its entirety.
ORDER
Upon the basis of the foregoing 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 filed by
Home Insulator's Union Local No. 1, be, and it hereby is, dismissed.
2 Matter of Brown & Root , et al., 51 N. L R. B. 820; Matter of Brown Shipbuilding Com-
pany, 57 N. L . R. B. 326.