Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

Feb 9, 1943

47 N.L.R.B. 404 (N.L.R.B. 1943)

In the Matter of THE WILSON LABORATORIES DIVISION OF WILSON &
COMPANY, INC. and UNITED GAS, CODE & CHE1IICAL WORKERS OF
AMERICA, LOCAL 163, AFFILIATED WITH THE C. I. O.
Case No. R-,1,764.-Decided February 9, 1943
Jurisdiction : laboratory research industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize because of existing contract; contract held no bar when
its anniversary date was imminent and transfers in affiliation indicated that
substantial' doubt existed with respect to the identity of the labor organization
which the employees clesiied as their representative; election necessary.
Unit Appropriate for Collective Bargaining : all hourly paid and piecework pro-
duction and maintenance workers, with specified inclusions and exclusions ;
stipulation as to.
Mr. Richard Winkler, of Chicago, Ill., for the Company.
Mr. -Cecil A. Martin, of Joliet, Ill., for the United.
Mr. Vernon Ford, of Chicago, Ill., for District 50.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE '
Upon a petition and amended petition duly filed by United Gas,
Coke- & Chemical Workers of America, Local 163, affiliated with the
C. 1-0., herein called the United,'. alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Wilson Laboratories Division of Wilson & Company, Inc., of
Chicago, Illinois, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due
notice before Leon A. Rosell, Trial Examiner. The hearing was held
at Chicago, Illinois, on January 15, 1943. The Company, the United,
and District 50, United Mine Workers of America, herein called
District 50, appeared, participated, and were afforded full oppor-
i At the hearing the United moved, without objection, to amend the fist amended
petition by striking the words "Local 12163" and substituting therefor "Local 163, affiliated
with the C I O " The Trial Examiner granted the motion.
47 N. L. R. B., No. 53.
404
THE WILSON LABORATORIES 405
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing upon the issues. At the hearing the Trial
Examiner reserved ruling upon the motion of District 50 to dismiss
the petitions on the ground that the contract between the Company
and District 50, described in Section III, below, is a bar to this
proceeding. For reasons hereinafter set forth, the motion is hereby
denied. 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
1. THE BUSINESS OF THE COMPANY
Wilson & Company, Inc., is a Delaware' corporation having its
principal oflce'and place of business in Chicago, Illinois. The Wilson
Laboratories Division of Wilson & Company, Inc., which is the
plant invok=ed in this proceeding, is a division of Wilson & Company,
Inc., and operates a plant at 4221 South Western Avenue, Chicago,
Illinois, where the Company is engaged in the manufacture of gland
substances, animal derivatives, enzymes, and other drug specialties.
During 1941 the Company purchased for use at this plant raw mate-
rials valued in excess of $50,000, of which 50 percent was purchased
and transported to the Company's plant in Chicago, Illinois, from
points outside the State of Illinois. During the same period the
Company sold finished products valued in excess of $50,000, of which
approximately 50 percent was transported from the Company's plant
at Chicago, Illinois, to points outside the State of Illinois. 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 of America, Local 163, is
a labor organization, affiliated with the Congress of Industrial Or-
ganizations, admitting 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 or about September 10, 1942, the United advised the Company
that it represented a majority of the production and maintenance
employees at the plant involved in this proceeding and requested
recognition as their exclusive bargaining agent. The Company re-
fused to recognize the United because of the hereinafter-described
contract between the Company and District 50.'
i
406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement of the Regional Director, introduced in evidence at.
the hearing, and a statement made by the Trial Examiner at the•
hearing, indicate that the United represents a substantial number
of employees in the unit hereinafter found appropriate.'
On May 14, 1942, the Company, entered into a contract with Local
No. 12163, District 50, United Mine Workers of America, covering
the production and maintenance employees employed in the Com-
pany's Chicago plant involved herein. The contract provided that
it should-remain in effect until May 14, 1943,,and from year to year-
thereafter unless terminated by 30 days' written notice prior to any
anniversary date. The contract also provided "that so long as the
majority of the employees shall designate this Union as their bar-
gaining agency, the Union shall be the exclusive, representative of
all the said employees in respect to rates of pay, wages, hours of
employment and other conditions of employment." Thereafter, on
August 28, 1942, Local No. 12163, by a majority vote, adopted a reso-
lution to sever its affiliation • with District 50 and surrender it s
charter. The resolution further authorized` the officers to make ap-
plication for affiliation with the National Council of United Gas,
Coke & Chemical Workers of America. The Local thereafter received-
a charter from the National Council on September 5, 1942. The Na--
tional Council subsequently became affiliated with the Congress of-
Industrial Organizations and changed its name to the United Gas,.
Coke & Chemical Workers of America, and on December 15, 1942,.
granted a, charter under the new name to the Local.
District 50 contends that the above-described contract constitutes
a bar to this proceeding. Because of the above 'circumstances we
find that substantial doubt exists, with respect to the identity of
the labor organization which the employees desire as their represent-
ative. In view of this fact, together with the imminence of the
anniversary date of the contract, we hold that the contract does not
constitute a bar to the present determination of representatives and
we shall resolve the dispute which has arisen by an election by
secret' ballot.3 _
2 The Regional Director states that the United submitted 66 application for member-
ship cards bearing appaently genuine signatures of persons whose naives appear on the
Company's pay roll of Octobei 31, 1942, which pay roll contains the names of 106 em-
ployees in the appropriate unit, that 5 of these cards are undated and that the remaining
61 are dated between August and October 1942; that District 50 submitted its financial
secretary's record of dues paid during September and October 1942 which indicates dues
payments by 51 persons on the Company's pay roll of October 31, 1942, and that District
50 also ielies upon its contract with the Company to substantiate its representation claun.
The Trial Examiner states that the United submitted at the healing 38 additional applica-
tion for membership cards bearing apparently genuine,signatuie; of persons whose names
appear on the Company's pay roll as of the date of the hearing and that 6 of these cards
are undated and the remaining raids bear dates between October 1942 and January 1943
38ee hatter of,Netional Lead Company and United Gas, Coke iC Chemical Workers of
Amer iea, et al , 45 N L R B 182.
THE WILSON LABORATORIES 407
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 APIFROPRIATE. UNIT
We find, in accordance with a stipulation of the parties, that all
the hourly paid and piece-work production and maintenance workers
of the Company, exclusive of the manager, superintendents, foremen,
full-time watchmen, technical employees, salesmen, plant clerks,
office employees and clerks, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.4
V. TTTE 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.
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 aniended, it
is hereby
DIREGrED'that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with The Wilson
Laboratories Division of Wilson & Company, Inc., Chicago, Illinois,
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
Thirteenth 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 ap-
propriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during said pay-roll period because
they were ill,or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
4 This is identical with the unit incorporated in the contract between the Company and
District 50. -
408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
selves in person at the polls, but excluding employees who have
since quit or been discharged for cause, to determine whether they
desire to be represented by United Gas, Coke & Chemical Workers
of America, Local 163, affiliated with the C. I. 0., or by District
50, United Mine Workers of America, for the purposes of collective
bargaining, or by neither.