Peter Cooper Corp.

National Labor Relations Board - Board Decisions

Feb 4, 1943

47 N.L.R.B. 335 (N.L.R.B. 1943)

In the Matter of U . S. GLUE AND U. S. GELATIN DIVISION OF PETER
COOPER CORPORATION and UNITED CANNERY, AGRICULTURE, PACKING &
ALLIED WORKERS OF AMERICA (CIO)
Case No. R-41763.-Decided February 4,1943
Jurisdiction : glue products manufacturing industry.
Investigation and Certification'of Representatives : existence of question; recog-
nition refused becausd of alleged existing contract and because company did
not believe petitioner represented a majority of its employees ; contract held
no bar to, when petitioner gave timely notice of its claim and contract was
opened up by negotiations prior to automatic renewal date ; election neces-
sary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees at one plant of company, excluding office, clerical, and supervisory
employees, and all powerhouse employees.
Mr. Leo Mann, of Milwaukee, Wis., for the Company.
Mr. James De Witt, of Milwaukee, Wis., for the Cannery Workers.
Padway & Goldberg, by Mr. David Previant, of Milwaukee, Wis.,
for the Glue Workers and the Operating Engineers.
Mr. Werner Schaefer, of Milwaukee, Wis., for the Operating
Engineers.
Mr. Stanley Joers, of Milwaukee, Wis., for the Glue Workers.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Cannery, Agriculture, Packing
& Allied Workers of America (CIO), herein called the Cannery
Workers, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of U. S. Glue and U. S. Gela-
tin Division of Peter Cooper Corporation, Carrollville, Wisconsin,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Clarence A
Meter, Trial Examiner. Said hearing was held at Milwaukee, Wis-
consin, on January ,12, 1943. The Company, the Cannery Workers,
Federal Union No. 20417 (AFL), herein called the Glue Workers, and
47 N. L. R. B., No. 40.
335
336 DEC'ISION'S OF, NATIONAL LABOR RELATIONS BOARD
International Union of Operating Engineers, Local 311 (A. F. of L.),
herein called the Operating Engineers, 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.
The Glue Workers and the Operating Engineers made a motion to
dismiss the petition on the ground that the Cannery Workers had
not shown adequate evidence of representation. Ruling on the motion
was reserved to the Board. For reasons hereinafter set forth, the
motion is hereby denied. -
Briefs filed by the Cannery Workers and the Glue Workers have
been duly considered by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Peter Cooper Corporation, a Delaware corporation, operates plants
in Illiiiols, New York, and Wisconsin. The U. S. Glue and the U. S.
Gelatin Division of the Company at its Carrollville, Wisconsin, plant,
is alone here involved. It manufactures glue, gelatin, glue grease,
and hair tankage. The grease and hair tankage are byproducts. The
raw materials used at the Carrollville plant, consisting of the trim-
mings of hides obtained from tanners, amounted to more than $500,-
000 in value during the year 1942, about 50, percent of which was
shipped from points outside the State of Wisconsin. The finished
products manufactured at the Carrollville plant also amounted to'
more than $500,000 for the same fiscal period, of which about 70 percent
was shipped to points outside the State of Wisconsin.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Cannery, Agriculture, Packing & Allied Workers of America
is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
Federal Union No. 20417 is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
International Union of Operating Engineers, Local 311, is a labor
organization affiliated with the American' Federation , of Labor,
admitting to membership employees of the Company.
U. S. GLUE 337
, III. THE QUESTION CONCERNING REPRESENTATION
D
On December 4, 1941, the Company executed a joint contract with
the Glue Workers and the Operating Engineers effective from Janu-
ary 2 to December 31, 1942, and to be automatically renewable' from
year to year thereafter, unless written notice of the desire to cancel
or change be given at least 30 days prior to any expiration date.
Although no formal written notice was given by any. of the parties,
negotiations for a new agreement were begun in October 1942.. Con-
ferences were held, and late in December terms were agreed upon
although a written instrument was never executed. On or about
November 16, 1942, the Cannery Workers in a letter to the Company
requested recognition as sole bargaining agency for its production and
maintenance employees. The Company refused because of the agree-
ment referred to above, and because it believed the Glue Workers and
the Operating Elfgrneers represented a majority of its employees.
,Since the contract was opened up by negotiations prior to the date 'it
would have been automatically renewed, and since, the Cannery Work-
ers gave timely notice of its claim, the. contract does not constitute a
bar to an investigation of representation.
A statement of the Field Examiner, introduced in evidence at the
hearing, and a statement of the Trial Examiner made at the hearing,
indicate that the Cannery Workers represents a substantial number of
employees in the unit, ,hereinfter 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.
IV. THE APPROPRIATE UNIT
The Cannery Workers contends that the appropriate unit should
consist of all production, 'maintenance, and power plant employees,
exclusive of supervisory foremen, foreladies, and clerical employees.
The Glue Workers, the Operating Engineers, and the Company urge
that there are two appropriate units, one consisting of production and
maintenance workers, exclusive of supervisory and clerical employees,
and the other consisting of the powerhouse employees.
'The Field Examiner reported that the Canneiy workers submitted" 131 designations,
of which 111, dated October to December .1942, all bearing apparently genuine original
signatuies, correspond with names on the hCompany,s pay roll of December 19, 1942 The
Trial Examiner reported that' 13 additional designations were submitted, dated December
1942 and January 1943, of which 9, bearing apparently genuine original signatuies, corre-
spond with names on the pay loll of December 19, 1942 This pay roll contains 335
names, of which approximately 310 are in the unit hereinafter found to be appropriate
None of the names on the designations submitted by the Cannery workers correspond with
the names of the powerhouse employees
513024-43-vol. 47-22
3338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company's powerhouse employees work in a separate building
.and there is no transfer of employees between the powerhouse. and the
rest of the plant. The Operating Engineers has bargained separately
for the powerhouse employees and, the contract which expired Decem-
ber 31, 1942, ,specifically recognizes its jurisdiction. 1.Although the
,Cannery Workers has made a substantial showing of representation
among, the balance of the production and maintenance, employees of the
Company, ,who, are.recognized as under the jurisdiction of the Glue
Workers in the afore-mentioned contract, it has submitted no evidence
that it represents any of the powerhouse employees. In view of these
facts and because the employees in,the, powerhouse and the production
and maintenance workers have functioned effectively as separate units
for the purposes of collective bargaining, we conclude that an indus-
trial unit excluding the powerhouse employees is appropriate. Accord-
ingly we find that all production and maintenance employees of the
Company at its Carrollville, Wisconsin, plant, excluding all power-
house, office, clerical, and supervisory employees, constitute a unit
,appropriate for the purposes of collective bargaining within the mean-
ing 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 the Direction of Election
herein, subject to-the limitations and -additions set forth in the Direc-
tion. 1 -
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 U. S: Glue and
U.S. Gelatin Division of Peter "Cooper Corporation, Carrollville, Wis=
consin, an election by secret ballot shall be conducted as early as pos
.sible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction, and supervision of the Regional Director for
the Twelfth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article-III, Section 10, of said
s This is in substance the unit that the Glue workers has represented pursuant to the
-contract
0
U. S. GLUE 339
Rules and Regulations, among the employees in the unit found appro-
priate 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 em-
`ployees' in the armed forces of the- United States who present them-
selves in person at the polls, but excluding any who have since quit
or been discharged for cause, to determine whether, they desire to be
represented by United Cannery, - Agriculture, 'Packing '& Allied
Workers of America, affiliated with the Congress of Industrial Organ-
izations, or by Federal Union No. 20417, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or by
neither.
J