New Process Metals Corp.

In the Matter Of NEW PROCESS-METALS CORPORATION and INTERNA- TIONAL UNION MINE, MILL, AND SMELTER WORKERS, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-3565.-Decided March 10, 1942 Jurisdiction : flint manufacturing industry Investigation and Certification of Representatives : existence of question: parties stipulated that Company refused to accord union recognition until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees at one of the Company's plants, including ten female packers, but excluding office and supervisory employees; unit of employees at one of two plants found to be appropriate notwithstanding contention of Company that the unit should include employees of both plants since employee self-organiza- tion has extended to, and not beyond, the one plant. Mr. Harry L. Tepper, and Mr. Bernard I. Verney, of Newark, N. J., for the Company. Mr. Samuel L. Rothbard, of Newark, N.,J., for the Union. Mr. Max E. Halpern, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 23, 1942, International Union Mine, Mill and Smelter Workers, affiliated with the Congress of Industrial Organizations, herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce i had arisen concerning the representation of em- ployees of New Process Metals Corporation, Newark, New Jersey, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act. On February 12, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and 39 N. L. R. B., No. 115. 631 632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On February 13, 1942, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice , a hearing was held on February 19, 1942, before John J. Cuneo, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were repre- sented by counsel and participated in the hearing . Full opportunity to be heard , to examine and cross -examine witnesses , and to introduce evidence bearing on the issues was afforded all parties . - During the course of the hearing the Trial Examiner made various rulings on motions and on objections to the admission of evidence . ' The Board has reviewed the rulings of ,the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. The Company filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY New Process Metals Corporation , •a New Jersey corporation, oper- ates two plants in Newark , New Jersey , where it is engaged in the Inanufacture , sale, and distribution of flints for cigar lighters, miners' lamps and similar uses. During the 6 months prior to February 1942, the Company purchased approximately 150 tons of cerium and iron, representing approximately 90 percent of the total raw materials used by the Company, valued in excess of $50,000, which were shipped to it from points outside the State of New Jersey. During this period ap- proximately 30 tons of its finished products , representing 90 percent of its total finished products , valued in excess of $50,000 were distributed by *it to points outside the State. During this same period the Com- pany employed approximately 125 persons. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED International Union Mine, Mill, and Smelter Workers is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties agree, and we find, that a question has arisen concerning the representation of employees of the Company in that the Company refused to recognize the Union as exclusive bargaining representative NEW PROCESS METALS CORPORATION 633 until certified by the Board. The statement of the Regional Director introduced in evidence at the hearing shows that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.' TV. THE LFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find- that the question concerning representation which has arisen, occurring in connection with the operations of 'the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The parties agree that the appropriate unit shall consist of the production and, maintenance employees, including 10 female packers, but excluding office and supervisory employees. The Company opera ates two plants, one located on Manufacturers Place, Newark, New. Jersey, where the Company has 11 employees and another located on Center Street, Newark, New Jersey, a half mile distant where the Company has approximately 112 employees. The Union contends that the employees of the Center Street plant constitute an appro- priate unit. The Company asserts that the, unit should include the employees of both plants. - The first operation in the manufacture of the Company's product is the production of cerium or Misch metal, a type of raw material ,made in electric furnaces out of certain chemicals. This process is carried on exclusively in the Manufacturers Place plant. From here it is shipped in the Company's truck to the Center Street plant where it is mixed with iron to produce the alloy out of which the rods or flints are cut in various sizes and then inspected, selected, and packed. In support of its contention, the Company urges that its product is manufactured in "one continuous process," that all its employees work substantially the same hours and receive substantially the same wages, that the plants are in close geographical 'proximity and are operated under one general superintendent, through one office and with one bookkeeping system. - The Union commenced its organizational activities among the em- ployees of the Center Street plant about December 15, 1941. Up until the hearing the Union had no knowledge of the Manufacturers I The Regional Director 's statement shows that the Union submitted 88 membership -application cards; 62 are dated between December 1941 and January 26, 1942 , 26 are undated, all signatures thereon appear to be genuine and original , and 77 appear to be the signatures of persons on the Company's pay roll during the week prior to January 23, 1942, which contains 113 employees in the alleged appropriate unit. 634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Place plant. It had confined its activity solely to the Center Street plant. Since employee self-organization has extended to, and not beyond, the Center Street plant, we find that employees at this plant consti- tute an appropriate unit. We find that all production and mainte- nance employees of the Company 's Center Street plant, including 10 female packers , but excluding office and supervisory employees , consti- tute a 'unit appropriate for the purposes of collective bargaining and that said unit will insure to employees the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best ,be resolved by, and we shall accordingly direct, an election by secret ballot among the employees 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. Upon the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of New Process Metals Corporation within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company's Center Street plant, including 10 female packers , but excluding office and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bar- gaining with New Process Metals Corporation , Newark, New Jersey, 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 NEW PROCESS METALS CORPORATION 635 the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Relations Board, subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of New Process Metals Corporation , who were employed at its Center Street plant during the pay-roll period immediately preceding the date of this, Direction, including 10 female packers and employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding office and supervisory employees and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Inter- national Union Mine , Mill, and Smelter Workers, affiliated with the Congress of Industrial Organizations , for the purposes of collective bargaining. - '