Peter J. Schweitzer, Inc.

National Labor Relations Board - Board Decisions

Jul 3, 1943

51 N.L.R.B. 44 (N.L.R.B. 1943)

In the Matter of PETER J . SCHWEITZER, INC. and AMERICAN FEDERATION
OF LABOR
Case No. B-5539.-Decided July 3,1943
Proskauer, Rose, Goetz d Mendelsohn, by Mr. Arthur E. Reymant,
of New York City for the Company.
Mr. Samuel R. Isard, of Newark, N. J., for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by American Federation of Labor, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Peter J.
Schweitzer, Inc., Elizabeth, New Jersey, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before James C. Paradise, Trial Examiner.
Said hearing was held at Newark, New Jersey, on June 16, 1943.
The Company and the Union appeared, participated, and were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing upon the issues. The
Trial Examiner's rulings made at the hearing are free from prejudi-
cial error and are hereby affirmed. All parties were afforded op-
portunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Peter J. Schweitzer, Inc., is a New York corporation. It operates
plants at Elizabeth and Spottswood, New Jersey, where it is engaged
in the business of manufacturing paper products; both plants are
involved herein. During the past year, the Company purchased raw
materials valued in excess of $100,000, of which 90 percent was shipped
51 N. L. R. B., No. 1.3.
44
PETER J . SCHWEITZEIR, INC. 45
to the plants from points outside of the State of New Jersey. During
the same period the Company manufactured products valued in excess
of $100,000, approximately 90 percent of which was shipped to points
outside of the State of New Jersey. The Company admits that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act.
IT. THE ORGANIZATION INVOLVED
American Federation of Labor is a labor organization admitting
employees of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
On April 19, 1943, the Union requested recognition as exclusive
bargaining agent for the employees of the Company. The Company
informed the Union that such recognition would not be granted unless
and until the Union was certified by the Board.
A statement prepared by the Regional Director, and introduced in
,evidence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found to be appro-
priate."
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 Union contends that all production and maintenance employees
at the Elizabeth plant, exclusive of supervisors and office employees,
constitute an appropriate unit. The Company does not oppose the
classification of employees proposed by the Union, its position being
confined to the contention that the employees at the Spottswood plant
should also be included in the unit requested by the Union.
At the Elizabeth plant the Company manufactures cigarette, carbon
condenser paper, while at the Spottswood plant, only cigarette paper
is manufactured. Each of the plants constitutes a complete manufac-
turing unit and performs all necessary manufacturing operations from
the receipt of the raw materials to the shipment of the finished product.
The plants are approximately 28 miles apart, and each plant depends
on the area immediately adjacent to it for its personnel. Although
'The statement shows that the Union submitted 115 application -for-membership cards,
all of which bear apparently genuine signatures , and 95 of which bear names which appear
on the Company 's Elizabeth plant pay-roll list. None of the cards submitted bear the name
of,any employee on the Spottswood plant pay -roll list. All the cards are dated in 1943,
with the exception of 1 which is undated. There are approximately 195 employees in the
approprate unit.
46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
some clerical work for the Spottswood plant is done at the Elizabeth
plant, each plant has its own clerical force, prepares and handles its
own pay roll, and has its own employment office. In general, there is
no interchange of production employees, but occasionally maintenance
employees of one plant do work at the other. The record reveals
that the Union has made no attempt to organize the employees of
the Spottswood plant. .
We are of the opinion that, although a two-plant unit would not
be inappropriate if organization had extended to both plants, the
state of the employees' self-organization indicates the present pro-
priety of a unit limited to employees at the Elizabeth plant.2 We
find, therefore, that all the production and maintenance employees
of the Company at the plant located at Elizabeth, New Jersey, exclud-
ing supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, and office employees, 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 be resolved by an election by secret ballot among the
employees in the appropriate unit. Although the Company requested
that only employees who have been employed for a period of 3 months
at the time of the Direction of Election should be eligible to vote,
no reason appears for departing from our customary practice. Ac-
cordingly, those eligible to vote shall be employees 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.3
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
2 See Matter of Max Pollock & Company , Inc., 38 N . L. R. B. 966. -
3 The Company contends that employees in the armed forces should be afforded an oppor-
tunity to vote by mail. The'delays and difficulties incident to balloting by mail caused us
to discontinue the practice since December 1941. Our armed forces are at present far
more widely scattered . Accordingly , we shall not provide for balloting by mail . Matter of
If. C. Mahon Company, 49 N. L. R. B . 142; Matter of Wilson & Co ., Inc., 37 N. L. R. B.
944. However , we recognize the right of employees in the armed forces to vote by granting
eligibility to such of them as appear in person at the polls , as is our usual practice
PETER J. SCHWEITZER, INC. 47
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Peter J.
Schweitzer, Inc., Elizabeth, New Jersey, 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 super-
vision 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, 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
(late 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 or not they desire to be represented by American Federation
of Labor for the purposes of collective bargaining.