Odora Co., Inc.

National Labor Relations Board - Board Decisions

Jan 13, 1943

46 N.L.R.B. 1067 (N.L.R.B. 1943)

J
In the Matter Of ODORA COMPANY, INC., and LOCAL 121, UNITED GAS,
COKE & CHEMICAL WORKERS UNION OF AMERICA, C. I. O.
Case No. R-47'01.Decided January 13,1943
Jurisdicition : moth preventatives manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord recognition ; contract held no bar to, when petitioner gave notice
of its claim prior to automatic renewal date; election necessary.
Unit Appropriate for Collective Bargaining : all production employees, excluding
administrative heads, clerical and office employees, superintendents, foremen,
receiving and shipping clerks, and assistant foremen.
Delson, Levin ^ Gordon, by Mr. Harold F. Levin, of New York
City, for" the Company.
Mr. Charles F. Schroeder, of New York City, for the United.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 121, United Gas, Coke & Chemical
Workers Union of America, C. I. 0., hereimcalled the United, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Odora Coulpany, Inc., New York City, 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 New York City on De-
cember 23, 1942. The Company and the United appeared and par-
ticipated in the hearing.' 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'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:.
'Although District 50, United Mine Workers of America herein called District 50, was
served ' with notice; it ' did, not appear at the hearing.
46 N. L. R. B., No. 122..
1067
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1068 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS of FACT
I. THE BUSINESS OF THE COMPANY
Odora Company, Inc., is a ,New, York corporation with its princi-
pal place of business in New York City where,it is engaged in the
business of manufacturing moth preventatives. During 1942 the
Company purchased raw materials'. valued in excess of $250,000, about
45 percent of which, was shipped to it from points outside the State
of New York. During the same period the Company sold finished
products valued in excess of $500;000, approximately 65 percent of
which was shipped to points outside the State of New York. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
I
II. THE ORGANIZATION INVOLVED
Local 121, United Gas, Coke & Chemical Workers Union of
America, is a labor organization affiliated with the Congress of, In-
dustrial Organizations, admitting to membership employees -of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
During December 1941, District 50 and the Company entered into
an exclusive bargaining contract. The contract provided that it
should continue in effect until October 29, 1942, and that it should be
automatically renewed for a period of 1 year thereafter unless 30'
days' notice was given by either party thereto prior to October 29,
1942. On. September 24, 1942, the United requested the Company,
to recognize it as exclusive representative of the Company's employees.
Inasmuch as the United made its claim upon the Company prior
to 'September 29,' 1942;, the date: upon' which the contract alluded -to
above would have been, automatically renewed, we find that the con-
tract._does, not constitute a bar to a determination of representatives,
at, this time.
A statement of the Regional Director, introduced into evidence at,
the .hearing, indicates that the United represents a substantial num-
ber of the 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.
2 The ltegional Director reported that the United presented an authorization petition
bearing apparently genuine signatures of 73 persons whose names appear on the Company's
pay roll of October 21, 1942. There are 121 persons on that pay roll who are in the
appropriate unit.
ODORA COMPANY, INC.
IV. THE APPROPRIATE UNIT
1069
The United and the Company stipulated that all production ern-
.'ployees of the Coliipany, including assistant foremen,' but excluding
administrative heads, clerical' and office employees, superintendents,
foremen, and receiving and shipping clerks, constitute an appropriate
unit. We adopt the'stipulation of the parties, except insofar as it
includes assistant foremen. We shall exclude assistant foremen from,
the unit, since their title indicates that they are supervisory employees.
We find, that all production employees of the Company, excluding
administrative heads, clerical and office employees, superintendents,
foremen, receiving and shipping clerks, and assistant foremen,`consti-
tute 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 find that the question concerning representation can best, be
resolved by means of an election by secret ballot. The United and
the Company urge that the pay roll of December 16, 1942, be used to
determine eligibility to vote. Inasmuch as no reason appears why
we should depart from our usual practice, we shall direct that the
employees of the Company eligible to vote in the election shall be
those in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion-herein, subject to the. additions and limitations 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 Rela-
tions 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 Odora Company,
Inc., New York City, an election by secret ballot shall be conducted
as early as possible, biit not later than thirty (30) days from the date
of this Direction,under the direction and supervision of the Regional
Director for the Second Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tion 10, of said Rules and, Regulations, among the employees in, the
3 This is substantially the sane unit as that provided for in the contract between District
50 and the Conpmy
1070 DECISIONS OF NATrONiAt LABOR RELATIONS BOARD
unit found appropriate- in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including any such employees who did not work during
said pay-roll period because they: were ill or on vacation or tempo-
rarily 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 or not they desire to be represented by Local 121,
United Gas, Coke Chemical Workers Union of America , affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.