The Carborundum Co.

National Labor Relations Board - Board Decisions

Feb 13, 1943

47 N.L.R.B. 503 (N.L.R.B. 1943)

In the Matter of THE CARBORUNDUM COMPANY, AND GLOBAR DIVISION
OF CARBORUNDUM COMPANY and UNITED GAS, COKE & CHEMICAL
WORKERS LOCAL 12058, C. I. O.
Case No. R-4804.Decided February 13, 1943
Jurisdiction : abrasives manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all employees at both plants of
company paid on an hourly. or piece-work basis, except supervisory employees,
electric switchboard attendants, boiler firemen and helpers regularly employed
in the main boiler plant, and plant policemen ; stipulation as to.
Mr. Francis V. Cole, for the Board.
Franchot, Rurhals, Cohen, Taylor d Rickert, by Mr. Thomas G.
Rickert, of Niagara Falls, N. Y., for the Company.
Mr. David Diamond, of Buffalo, N. Y., for the United.
Mr. Alfred Ifamin, of Washington, D. C., for District 50.
Mr. Robert Silagi, of counsel to the Board. ,
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United 'Gas, Coke & Chemical Workers
Local 12058, C. I. O., herein called the United, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of The Carborundum Company, and, Globar Division of Car-
borundum Company, Niagara Falls and Niagara, New York, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Peter J. Crotty, Trial
Examiner. Said hearing was held at Niagara Falls, New York, on
January 25, 1943. The Company, the United, and District 50, United
Mine Workers of America, herein called District 50, appeared, par-
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on'the
issues.
47 N. L. R. B., No. 70. 1
503
504 DEUIFSJON'S OF NATIONAL LABOR' RELATIONS BOARD
During the hearing District 50 moved to dismiss the petition on the
ground that no, question concerning representation had 'been raised.
The Trial Examiner reserved ruling on the motion and for reasons
appearing in Section III, infra, we hereby deny it. The Trial Ex-
aminer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. Oir February 3, 1943, District 50 filed a brief
which the Board has considered. _
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE 1iUSIiESS OF THE COMPANY
The Carborundum Company is a Delaware corporation licensed to
do. business in the State of New York. The Company is engaged in
the manufacture of abrasives in Niagara Falls, New York, and
through its Globar. Division, in Niagara, New York. During the cal-
endar year, 1942, these plants, which alone are involved in this pro-
ceeding, received raw materials valued in excess of $4,000,000, more
than 90 percent of which was shipped from points outside the State of
New York. During the same period the Company' produced at'these
plants finished products valued in excess of $15,000,000, more than 90
percent of which was shipped from said plants to points 'outside the
State of New York.
The Company admits that it is 'engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Gas, Coke & Chemical Workers Local 12058, affiliated with
the Congress of Industrial Organizations, is a labor organization, (ad-
mitting to membership employees of the Company.
District 50, United Mine Workers of America, is a labor organiza-
tion, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 17, 1942, the Company and District 50 entered into an
agreement for 1 year. During the first week in June 1942, represents-.
tives of various District 50 locals convened in Washington, D: C., and
voted to withdraw from the United Mine Workers of America and to
set up an independent organization known as National Council of Gas,
Coke & Chemical Workers of America. In September 1942, this or-
ganization changed its name to United Gas, Coke & Chemical Workers,
and in November 1942 became affiliated with the Congress of Indus-
THE CARBORUNDUM COMPANY 505'
trial Organizations. One of the local unions involved in the above
shift was Local 12058.
On November 18,'1942, the United requested recognition from the
Company- as the sole collective bargaining agency of its employees at
the Niagara and Niagara Falls plants. The Company refused to grant
this request on,the ground that it had an unexpired contract with Dis-
trict 50. • On January 13, 1943, 4 days prior to the termination of the
contract, District 50 and the Company reached an agreement extend-
ing the contract for a period of 30 days, and also providing for subse-
quent extensions terminable, however, on 48 hours' notice by either
party. 'This contract is not asserted as, and we find that it is not, a bar
to the present proceeding.
A report of a Field Examiner of the Board end a statement by the
Trial Examiner, introduced into evidence at the hearing, indicate that
the United represents a substantial number of employees in the unit
hereinafter found appropriate., District 50 contends that the United
did not submit a sufficient number of authorization cards to the Field
Examiner prior to the hearing to warrant the holding of a hearing. It
further argued that this alleged defect could not be cured by present-
ing additional evidence at the hearing itself and that, even if the total
number of valid authorization cards submitted by the United-were to
be considered, the showing made would still be insufficient. We find
that all three contentions of District 50 are without merit.
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 parties stipulated and we find that all employees of the Com-
pany at its plants in Niagara Falls and Niagara, New York,2 who are
paid on an hourly or piece-work basis, except supervisory employees,
electric switchboard attendants, boiler firemen and helpers regularly
employed in the main boiler plant, confidential employees, and plant
1 The Field Examiner reported that the United submitted 1,454 application cards, all of
which bore apparently genuine original signatures ; that they were dated as follows : 74 in
June 1942 , 9 in July, 3 in August , 1 in September , 159 in October , 221 in November, 21 in
December 1942, and 966 undated ; that the navies of 848 persons whose signatures appeared
on the cards were listed on the Company 's pay roll of December 26, 1942 , which contained
4,188 persons in the appropriate unit.
The Trial Examiner stated that, at the hearing, - the United submitted to him 545 applica-
tion cards , all of which bore apparently genuine original signatures ; that the names of 474
persons whose signatures appeared on the cards were listed on the Company ' s pay roll of
December 26, 1942 ; that of these 474 cards, 344 were dated January 1943 and 130 were
undated or partially dated ; and that 37 cards were duplicated by cards in the group that
were examined ,by the Field Examiner.
District 50 relies upon its contract with the Company as evidence of its membership.
2 One of the plants is located in the city of Niagara Falls , New York, and the other is
located in the town of Niagara, just outside the city.
'506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
policemen, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF•REPRESENTATI«]S
.We, shall direct that the questiono , 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
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 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 represent-
atives for the purposes of collective bargaining with The Carborun-
dum Company, and Globar Division of Carborundum Company, 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 Director for the Third
Region, acting in this matter as agent for the National Labor Rela
tions 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 those employees who have since quit or
been discharged for cause, to determine whether, they desire to be repre-
sented-,,,by United Gas, Coke,&, Chemical , Workers- Local. 12058, affili-
ated' with the Congress of Industrial Organizations, or by District 50,
.United Mine Workers of America, for the purposes of collective
bargaining, or by neither. -