The Palmer Match Co.

National Labor Relations Board - Board Decisions

May 11, 1943

49 N.L.R.B. 767 (N.L.R.B. 1943)

I
In the Matter of THE PALMER MATCH CoirPANY and UNITED GAS, COKE
AND CHEMICAL WORKERS OF AMERICA, LOCAL 187 (C. I. 0.)
ease .No. B-5240.-Decided May 11,-1943
Mr. G. K. Harding , of Akron, • Ohio, for the Company.
Mr. IVendell Ringhols , of Cleveland , Ohio, for the Chemical
Workers.
Mr. Jesse Gallagher , of Cleveland , Ohio, for the Federal.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Gas, Coke and Chemical Workers
of America, Local 187, (C. I. 0.), herein called the Chemical Workers,
allegiirg that a question affecting commerce had arisen concerning the
representation of employees of The Palmer Match Company, Akron,
Ohio, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Louis
Plost, Trial Examiner. Said hearing was held at Akron, Ohio, on
April 26, 1943. At the commencement of the hearing, the Trial Ex-
aminer granted a motion of United Match Workers' Federal Labor
Union No. 18460, A. F. of L., herein called the Federal, to intervene.
The f2ompany, the Chemical Workers, and the Federal appeared at
and participated in the hearing.' All parties were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudical error and are
hereby affirmed.
I Although Local Union 12294 , Gas By-Product Coke and Chemical Workers, District
60, United Mine Workers of America , herein called District 50, was served with notice
of hearing , it did not appear.
49 N. L. R. B., No. 109. - 767
768 ' DECISIONS OF NATIONAL L ABOR RELATIONS BOARD
Upon the entire record in the case , the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS ' OF THE COMPANY ,
The Palmer Match Company is a Delaware corporation with its
principal place of business at Akron, Ohio, where it is engaged in the,
manufacture of wood matches. During 1942.the Company purchased
raw materials valued in excess of $1,000,000, approximately 90 percent
of which was shipped to it from points outside the State of Ohio.
During the same period the Company sold finished products valued in
excess of $1,800,000, 90 percent of which was shipped to points outside
the State of Ohio. The Company, admits that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Gas, Coke and Chemical. Workers of America, Local 187, is a
labor organization affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees of the Company.
United Match Workers' Federal Labor Union No. 18460 is a labor
organization affiliated with the American' Federation of Labor,' ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 14, 1942, District 50 was certified, a_ fter a consent election, as
exclusive representative of the employees in the employer unit identi-
cal with that here involved 2 On July 31, 1942, District 50 entered into
an exclusive contract with the Company which expires by its terms
on July 31, 1943. The contract further provides that it shall be
renewed from year to year thereafter unless either party thereto gives
notice of a desire to terminate at least 30 days prior to any annual
expiration date. On February, 17, 1943, the Chemical Workers notified
the Company that it represented a majority of the Company's em-
ployees and requested exclusive recognition. The Company refused
this request and suggested that the Chemical Workers refer its claim
to the Board.
Sometime after District 50 was certified, it severed its affiliation,
with the Congress of Industrial Organizations. On February 14,
1943, the employees in the unit here involved unanimously, passed a
2 See Matter of Palmer Match Company and Local ' Union No. 12294 of the Gas By-
Product Coke and Chemical Workers, Un4ted Mane Workers of America , District No. 50
(CIO), 42 N. L. R. B. 437.
THE PALMER MATCH COMPANY . 769
resolution authorizing affiliation with the Chemical Workers. The
President of the former District 50 local continued as president of the
Chemical Workers. Pursuant to a request of District 50, the Chemi-
cal Workers returned the charter and seal of the local td the United
Mine Workers of America. As stated above, although served with
notice, District 50 did not appear at the hearing in the instant pro-
ceeding. None of the parties involved herein contends that the con-
tract is a bar to a present determination of representatives.
As a general rule, the Board will not proceed with an investigation
as to representation where there exists a valid contract, having a
reasonable period to run, with an active labor organization. Here,
however, it is clear that the labor organization which was certified by
the Board and which is a party to the contract, has been repudiated by
the employees and that it no longer represents them. We find, there-
fore, that the contract does not constitute a bar to a present determina-
tion of the employees' desires. -
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Chemical Workers repre-
sents a substantial number of employees in the unit hereinafter found
to be 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.
lv. THE _ APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties; that all
production and maintenance employees at the Akron plant of the
Company, including power house employees, but excluding foremen,
supervisors, and salaried and clerical employees, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act 4
V. THE DETERMINATION OF REPRESENTATIVES
The Chemical Workers stated at the hearing that it does not desire
an election but wishes to be certified as the exclusive bargaining rep-
resentative of the Company's employees so that it may administer the
contract alluded to above. However, the Federal has made a showing
of representation and desires an election. Moreover, we are of the
8 The Field Examiner reported that the Chemical workers presented 140 membership
application cards bearing apparently genuine signatures of persons whose names appear
on the Company 's pay roll of March 10 , 1943. There are approximately 327 employees
in the appropriate unit. The Trial Examiner reported that the Federal presented 40
authorization cards bearing apparently genuine signatures of persons whose names
appear on the Company's pay roll of March 10, 1943.
' This is the same unit previously found appropriate by the Board.
770 o DECISIONS OF NATIONAL LABOR RELATIONS BOARD
opinion that an election is the most satisfactory" means of determining
the desires of the employees. We shall, therefore, direct that the
question concerning representation which has, arisen be resolved by
means of an election-by secret. ballot among the employees in the appro-
priate unit who were employed during the pay-roll period immediately
preceding the date of the Direction of Election herein, subect 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 representa-
tives for the purposes of collective bargaining with The Palmer Match
Company, Akron, Ohio, 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 Eighth 'Region, 'acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec'
tion 10, of said Rules and Regulations, among the employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, 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
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 United Gas, Coke and Chemical Workers
of America, Local 187, affiliated with the Congress of Industrial Organ-
izations, or by United Match Workers' Federal Labor Union N. 18460,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining, or by neither.