Peter Cooper Corp.

National Labor Relations Board - Board Decisions

May 20, 1943

49 N.L.R.B. 933 (N.L.R.B. 1943)

In the Matter of U. S. GLUE AND U. S. GELATIN DIVISION OF PETER
COOPER CORPORATION and LOCAL 495, UNITED CANNERY, AGRICUL-
TURE, PACKING & ALLIED WORKERS OF AMERICA OF THE CIO
Case No. R-5071.-Decided May 20, 1943
Mr. R. C. Ramstack, of Carrollville, Wis., and Mr. Leo Mann, of
Milwaukee, Wis., for the Company.
Mr. James DeWitt, of Milwaukee, Wis., for the Cannery Workers.
Padway cQ Goldberg, of Milwaukee, Wis.,by Mr. David Previant
and Mr. Werner ,Schaefer, of Milwaukee, Wis., for the Operating
Engineers.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
e
STATEMENT OF THE CASE
Upon petition duly filed by Local 495, United Cannery, Agricul-
ture, Packing & Allied Workers of America of the CIO, herein called
the Cannery Workers,' alleging that a question affecting commerce
had arisen concerning the representation of employees of U. S. Glue
and U. S. Gelatin Division of Peter Cooper Corporation, Carroll-
ville, Wisconsin, herein called the Company, the National Labor
Relations Board provided for. an appropriate hearing upon due
notice before Clarence A. Meter, Trial Examiner. Said hearing was
held at Milwaukee, Wisconsin, on April 30, 1943. The Company,
the Cannery Workers,. and International Union of Operating Engi-
neers, Local 311 (A. F. of L.),-herein called the Operating Engi-
neers, appeared, participated, and 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.
I A motion was made and granted at the hearing to amend the petition and other docu-
ments to-set forth the name of the Cannery Workers, as above.
49 N. L. R. B., No. 133.
033
934, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Operating Engineers made a motion to dismiss the petition on
the ground that the Cannery Workers had no representation among
the powerhouse employees , with whom we are here concerned, at the
time of a previous decision involving the wine parties . 2 Ruling on
the motion was reserved to the Board . The motion is hereby denied
for reasons hereinafter set forth.
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 Illinois , 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 in 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
Local 495, 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._
International Union of Operating Engineers, Local 311, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In a Decision and Direction of Election issued February 4, 1943,3
concerning the Company, in which the Cannery Workers was the peti-
tioner and the Operating Engineers also a party, the Board stated :
I
0
2Matter, of U. S. Glue`,and U'S. Gelatin Division of Peter,, Cooper, Corporation; and
United Cannery, Agrseultute, Packing d Allied'1Vorkers of America (CIO), 47 N. L. R. B.
335
Footnote 2, supra.
U. S. GZUE AND U. S. GELATIN DIVISION OF PETER COOPER CORP. 935
On December 4, 1941, the Company executed a joint contract
with the Glue 1, Torkers and the Operating Engineers effective
from January 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: Conferences: were held, and late
in December terms were agreed upon although a written instru-
ment was never executed. On or about November 16, 1942, the
Cannery Workers in' a letter to the -Company requested recogui-
tion as sole bargaining agency for its production and maintenance
employees. , The 'Company refused 'because of the agreement
referred to above, and because it believed the, Glue Workers and
the Operating Engineers represented a majority of its, employees.
Since the contract was opened up by. negotiations prior to the date
it would leave been automatically, renewed, and since the Cannery
Workers' gave timely notice' of its claim, the contract does,not
constitute a bar to an investigation of representation.
The Cannery* Workers'won the election held February 16, 1943,
and thereafter on February 26, 1943, it was certified by the, Board as
the exclusive representative of the Company's production,and main-
tenance employees with certain specific exclusions among which are
the powerhouse employees, who are alone involved'in this proceeding.
At the time,of the hearing herein, no contract had been executed and
signed by the Company with either the Cannery Workers or with the
Operating Engineers. On or about March 26, 1943, the Cannery
Workers requested recognition as, bargaining, representative of the
power house employees.
. The Operating Engineers contends that the agreement 'which it
piade with the Company, referred 'to above, in December 1942, con-
titutes a bar to an election, `since the Cannery Workers' demand' on
the Company for recognition as bargaining representative' of the
powerhouse employees was made thereafter and since the Cannery
Workers had no' representation among the powerhouse employees at
the time of the earlier' decision. We find these contentions' without
merit. It is imniate'rial that at soiree 'earlier date the' Caimery
Workers had not yet organized'the`powerhouse employees. As stated
in the recent Eicor case,4 aIcollective bargaining agreement ' which has
4Matter,of Eicor, Inc and District No. 8, International Association of Machinists,
g F. of L, 46 N L R B 1035; and also Matter of Joseph P Cattie & 'Brothers. In,-
corporated and International Union of Nine, Mill it Smelter jl'oikeis, C I. 0., 47 N. L.
R. B 81.
936
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• y
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
not been reduced to writing and signed does not constitute a bar to a
determination of representatives . Accordingly, since the agreement
has never been signed , it is not a bar to a present determination of
representatives.
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 hereinafter' found 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
We find, in accordance with a stipulation of the parties, that all
power plant employees of the Company at its Carrollville, Wisconsin,
plant, excluding the chief engineer, constitute 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 shall direct that the question concerning representation which
has -arisen.1"be- resolved by'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 Rela-
tions Act, and pursuant to Article III, Section 9, of the 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.j,.Gelatin. Division.. of Pete. Cooper Corporation,, Carrollville,
Wisconsin, 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
5 The Trial Examiner reported that the Cannery Workers submitted 15 designations
bearing apparently genuine original signatures which correspond with names on the
Company ' s 'pay ' roll of April 3, 1"943, containing 21 names. These cards were dated as
follows : 1 in November 1942, 10 on March 26, 1943 , 2 on April 9, 1943, and 1 undated.
i
U. S. GLUE AND-U-. S. GELATIN DIVISION OF PETER COOPER CORP. 937
Director for the' Thirteenth 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 represented by Local 495, United Cannery, Agriculture,
Packing & Allied, Workers of America, affiliated with the Congress
of Industrial Organizations, or by International Union of Operating
,Engineers, Local 311, affiliated with the American Federation of
Labor, for the purposes of collective bargaining, or by neither.
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