Rockbestos Products Corp.

National Labor Relations Board - Board Decisions

Mar 4, 1943

47 N.L.R.B. 1312 (N.L.R.B. 1943)

In the Matter of ROCK11ESTOS PRODUCTS COIIPORA'IION and LOCAL B-90;
INTERNATIONAL BRO'rHERIIOOD OF EI,ECtRIC.\L WORKERS, AFL
Case No. R-41,902-Decided March .41, 1943
Jurisdiction : asbestos and wire products manufacturing industry
Investigation and Certification of Representatives : existence of question : rec-
ognition refused without prior certification of the Bo:ud; election necessary.
Unit Appropriate ,for Collective Bargaining ,: all umfoiuued guards at company's
two New Haven plants, excluding the captain, sergeants, and all other su-
pervisory officers.
I11r. B . H. Reeves and Mr . Thomas R. Bailey, of New Haven , Conn.,
for the Company. I ,
Mr. Joseph T. Rourke, of New Haven , Conn., for the Union.
Miss Illenriel J. Levor , of counsel to the Board.
DECISION
ANI)
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local B-90, International Brotherhood
of Electrical Workers, AFL, herein called the Union , alleging that
a question affecting coinn)erce had arisen .concerning the reprecenta-
fion,of employees of Rockbestos Products Corporation , New Haven,
Connecticut , herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
,John J. Cuneo, Trial Exaruizer . Said hearing was held at New Haven.
Connecticut , on February 12, 1943. Tlie . Compaliy and the ' Union
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
I. TIIE BUSINESS OF THE COMPANY
Rockbestos Products Corporation, a Massachusetts corporation, has
its principal office at New Haven, Connecticut, where it operates two
47N L R.B,No 166.
1312
ROGKBESTOS PRODUCTS CORPORATI ON 1313
manufacturing plants. The Company is there engaged in the mane-
facture, sale, and distribution. of insulated wire. The principal raw
materials used at the New Haven plants are copper wire, and asbestos.
The value of these raw materials purchased by the Company in 1942
exceeded $100,000, of which approximately 95 percent was shipped
from points outside the State of Connecticut. During the same year,
the Company manufactured products valued at more than $100,000,
of which approximately 95 percent was shipped to points outside the
State of Connecticut.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local B-90, International Brotherhood of Electrical Workers,i$
a labor organization, affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about November 1942, the Union asked the Company to recog-
nize it as the bargaining representative of the Company's uniformed
guards, employed at its New Haven, Connecticut, plants. The Com-
pany refused recognition unless and until the Union is duly: certified
as such by the Board.
The statement of the Regional Director introduced in evidence at
the hearing indicates that the Union 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
The Union contends that the uniformed guards employed by the
Company at its two New Haven plants constitute an appropriate unit
for collective bargaining purposes.
There has been a contract in existence between the Company and
the Union which expired January 2, 1942. The bargaining unit
therein, embraced all production and maintenance employees and ex-
pressly excluded guards. The specific exclusion of the guards from
the bargaining unit in the contract does not preclude the contracting
union from representing guards as a separate unit.. As we have fre-
1 The Regional Director reported that the Union submitted 15 designations ; of which
14, all bearing apparently genuine original signatures , dated October through December
1942, correspond with names on the Company's pay roll of December 24, 1942, containing a
total of 26 names in the appropriate unit.
513024-43-vol. 47-83
1314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
quently stated- in recent cases 2 there need be no conflict between collet- -
tive bargaining and duty and the guards are entitled to choose the
same bargaining representative as has been chosen by other employees
of the same employer.
Of the Company's 27 guards, 19 are so-called "supernumeraries"
of the New Haven City Police Force. These "supernumeraries" have
passed'Civil Service examinations to enter the New Haven City Police
Force and have been certified as eligible by the Civil. Service,Commis,
Sion. They are'free to accept any employment which is not of an
illegal. nature, while awaiting appointment, and if so appointed, it
will be necessary for them to pass another physical examination. They
wear the badges of the New Haven City Police Force but are not under
its supervision. Their relationship to the Company is no different
than that of the other uniformed guards except that they receive 5
cents more per hour and furnish their own uniforms. We find' that
the guards' of the' Company who are also "supernumeraries" of the
New Haven City • Police Force are "employees" within the meaning
of the Act and should not be deprived of the right of collective bar-
gaining since their presence on the waiting list of the New Haven City
Police Force, does not in any, way affect their status as , employees) of
the Company.
The Union and the Company-are agreed that in the event the Com-
pany's guards :are found to constitute an appropriate unit, all the
guards at the Company's two New Haven plants, excluding the cap-
tain, and',the sergeants, should be included. There are no corporals.
We, find, in accordance both with our usual policy and with the afore-
.aid agreement of the parties, that all uniformed guards employed by
the Company at its two New Haven plants, excluding the captain,
the, sergeants, and all other supervisory officers, constitute a unit ap-
propriate for the purposes of , collective bargaining, within the
meaning of Section 9 (b) of the Act. E
V. TIIE 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 Elec-,
tion herein, subject to the limitations and additions set forth in the ;
Direction.
2 Matter of Chrysler Corporation, Highland Park Plant and Local 114, United Automobile,
Aircraft, and Agricultural Implement Workers of America, affiliated with the C. I. 0., 44
N L R. B. 881. See also Matter of Campbell .Soup Company (Camden, New Jersey, Plant)
and United Cannery, Agricultural, Packing & Allied Workers, Local 80, C., I. 0., 45 N L R. B
6;- Matter of Westinghouse AtrbraAe Company and United Electawcal, Radio &'Machine
Workers of America, Local No 610, 42,N..L. R. B 525.
ROCKBESTOS PRODUCTS CORPORATION 1315
DIRECTION OI' 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 Rockbestos Prod-
ucts Corporation, New Haven, Connecticut, 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
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 temporarily laid off, and including, employees, in the armed forces
of the United 'States', who preseiitEthemselves 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
B-90, International Brotherhood of Electrical Workers, affiliated with
the American Federation of Labor, for the purposes,of, collective
bargaining.