Republic Filters Inc.

National Labor Relations Board - Board Decisions

Jun 1, 1943

50 N.L.R.B. 18 (N.L.R.B. 1943)

In the Matter of REPUBLIC FILTERS INC. and INDEPENDENT FILTER
WORKERS ASSOCIATION
Case No. R-5352P.Decided June 1, 1943
Mr. Charles C. St alter, of Paterson, N. J., for the Company.
Mr. Donald G. Collester, of'Clifton,.N. J., for the Independent.
Mr. Dominic DiGalbo, of Passaic, N. J., for the U. A. W.-C. I. O.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CA SE
I
Upon petition duly filed by Independent Filter Workers Associa-
titon, herein called the Independent, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Republic Filters Inc., Paterson, New Jersey, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Daniel Baker, Trial Examiner.
Said hearing was held at Paterson,, New Jersey, on May 13, 1943. At
the commencement of the hearing the Trial Examiner granted a mo-
tion of United Automobile, Aircraft & Agricultural Implement
Workers of America, Local 700, herein called the U. A. W.-C. I. O.,
to intervene. The Company, the Independent, and the U. A. W.-
C. I. O. appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence hearing 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 :
FINDINGS OF FACT
J. THE BUSINESS OF THE COMPANY
Republic Filters Inc., is a New Jersey corporation operating two
plants at Paterson, New Jersey, where it is engaged in the manu-
50 N. L. R B, No. 5. -
18
REPUBLIC F'IIJFE'RS INC. 19,
facture of filters and filter equipment. During 1942 the, Company
used raw materials valued in excess of $50,000, about,70 percent of
which was shipped to it from points outside the State of New Jersey.
During the same period the Company sold finished products valued
in excess of $250,000, approximately 90 percent of which was shipped
to points outside the State of New Jersey. The Company admits
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Automobile, Aircraft & Agricultural Implement Workers of
America, Local 700, is a labor organization affiliated with the Congress
of Industrial Organizations, admitting to membership employees of
the Company.
Independent Filter Workers Association is an unaffiliated labor
organization, admitting to membership employees of the, Company.
III. THE .QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize either the Independent or the
U. A. W.-C. I. O. as the exclusive collective bargaining representative
of its employees until such time as one or the other is certified by the
Board.
The'U. A. W.-C. I. O. contends that inasmuch as prior4o the Inde-
pendent's claim upon the Company, the Company agreed to grant
exclusive recognition to the U. A. W.-C. I. 0., the petition in the
instant proceeding should be dismissed. The record indicates that
the U. A. W.-C. I. O. made its first claim upon the Company on Janu-
ary 6, 1943. On January 8, 1943, the Company notified the U. A. W.-
C. I. O. that it would contact it in the future to arrange for a confer-
ence. On February 17, 1943, the Company advised the U. A. W:-
C. I. O., that "the method of employee and employer relationship
is quite satisfactory, as it exists today"' and refused to meet. with the
U. A: W.-C. I. O... It is apparent that the U. A. W.-C. I. O. had not
been accorded recognition as exclusive collective bargaining repre-
sentative of the, Company's - employees. However, assuming the
U. A. W.-C. I. O. had been accorded such recognition it would not be
a bar to the instant proceeding.1
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Independent and the U. A. W.-C. I. O.
' See Matter of Henry Weis Manufacturing Company, Incorporated and United Paper,
I of elt y 1C Toy Woi leers International Union, C 1 0 , 49 N L R. B , 511
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
each represents a substantial number of employees in the unit here-
inafter found to be appropriate.2 - I
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
employees at the 204 and 224-232 21st Avenue plants of the Company,
excluding office employees, executives, foremen, assistant foremen,
supervisors, laboratory technicians, draftsmen, salesmen, watchmen,
and supervisory employees generally, 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 find' that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The U. A. W.-C. I. O. requests that the pay roll of January 6, 1943,
be used to determine eligibility. However, inasmuch as no persuasive
-reasons appear as to why we should depart from our usual practice, we
shall direct that the employees in the appropriate unit who were em-
ployed during the pay-roll period immediately preceding the date of
the Direction of Election herein, subject to the limitations and addi-
tions set forth in the Direction, shall be eligible to vote.
The U. A: W.-C: I. O. requests that it appear on the ballot as
"U. A. W.-C. I. 0., Local 700." The request is hereby granted.
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 -
DIRECrED that, as part of the investigation to ascertain ' representa-
tives for the purposes of collective bargaining, with Republic -Filters
Inc., Paterson, New Jersey, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
The Regional Director reported that the Independent presented 26 membership-applica-
tion cards bearing apparently genuine signatures of persons whose names appear on the
February 20, 1943, pay roll of the Company. He further reported that the U A W -
C I 0 presented 20 membership application cards bearing apparently genuine-signatures
of persons on that pay roll There are approximately 48 persons in the appropriate unit.
REPUBLIC FIIIFERS INC. 21
the dote 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, Section 10, of said Rules and Regulations , among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 the U. A. W.-C. I. 0., Local
700, or` by Independent Filter Workers Association , for the purposes
of collective bargaining , or by neither.
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