The Celotex Corp.

In the Matter of THE CELOTEX CORPORATION and NATIONAL COUNCIL OF GAS,,COKE & CHEMICAL WORKERS, LOCAL No. 62 Case No. R-4433.-Decided November 13, 19.42 Jurisdiction :-building materials manufacturing industry. Investigation and Certification . of Representatives : existence of question : re- fusal to grant recognition to any union, when members of union holding con- tract with employer severed their affiliation and demand successor rights for new union they formed, and Regional Director of original union asserts contract rights; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, excluding supervisory, clerical and salaried employees ; stipula- tion as to. Mr. Martin 1. Rose, for the Board. Mr. Curtis E. Hilkey, of Metuchen, N. J., for the Company., Mr. Samuel L. Rothbard, of Newark; N. J., for the National, Council. Mr. Arthel Shelton and Mr. Roy Dugan, of Newark, N. J., for District 50. Mr. Wm. C. Baisinger, Jr., of counsel to the Board. DECISION - AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition _ duly filed by National Council of Gas, Coke & Chemical Works, Local No. 62, herein called the National Council, alleging that a question affecting commerce had arisen concerning the representation of employees of The Celotex Corporation, Metuchen, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Samuel Edes, Trial Examiner. Said hearing was held at New Bruns- wick, New Jersey, on October 20, 1942. The Company, the National Council, and Local 12162, District 50, United Mine Workers of America, herein called District 50, appeared, particpated, and were afforded full opportunity to be heard, to examine and cross-examine 45 N. L. R. B, No 87. 596 0 THE CELOTEX CORPORATION 597 witnesses, and to introduce'evidence bearing 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 1. THE BUSINESS OF THE COMPANY The Celotex Corporation is a Delaware corporation having its principal office at Chicago, I Illinois. and operates, factories and ware- houses at various places throughout the country. The only plant here involved is the Company's plant located at Metuchen, New Jer- sey, at which the Company is engaged in the manufacture, sale, and distribution of building materials. During the 12-month period end- ing October 1, 1942, the Company purchased raw materials consisting of cement, asbestos, adhesives, and slate granules valued in excess of $100,000. More than 50 percent of these raw materials was shipped to the Company from points outside the State of New Jersey. Dur- ing the same period the Company manufactured finished products valued in excess of $100,000, of which more than 50 percent was shipped to points outside the State of New Jersey. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED National Council of Gas, Coke & Chemical Workers, Local No. 62, is a labor organization. It admits to membership employees of the Company) Local 12162, District 50, United Mine Workers of America, is a labor organization . -It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 28, 1941, a contract was entered into between the Company and Local 12162, District 50, which expired on September 1, 1942. In July 1942 the members of Local 12162 voted to sever affiliation with District 50 and to accept a charter from, the National Council as Local No. 62. On July 16, 1942, Local No. 62 wrote the Com- pany requesting negotiations with respect to the contract, to which it asserted it was a party as the successor to Local 12162. On July I At the hearing District 50 contended that the National Council was not a labor organization within the meaning of the Act. It adduced no evidence in support of this contention we find this contention without merit, as the record clearly shows that the National Council is a labor organization within the meaning of the Act. 598 DECISIONS OF NATIONAL LABOR . RELATIONS BOARD 24, 1942, the Regional Director of District 50, wrote the Company requesting negotiations for modification of the agreement. The Com- pany did not reply to these letters. The position of the Company, asserted at the hearing, was, that it would not enter into negotiations with either of the claimants until the conflicting claims of representa- tion were resolved. A statement of the Regional Director introduced in evidence at the hearing indicates that the National Council' re presents a substan- tial number of employees in the unit hereinafter found appropriate.2 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 We find, in accordance with the stipulation of the parties, that all production and maintenance employees at the Company's plant in Metuchen, New Jersey, excluding supervisory, clerical, and salaried employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act.3 V. THE 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 our 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 representa- tives for the purposes of collective bargaining with The Celotex Cor- poration, Metuchen, New Jersey, plant, an election by secret ballot 2 The statement of the Regional Director shows that the National Council submitted to him 178 authorization cards, 117 of which were dated between August 12 to 28, 1942; 61 were undated . Of these cards, 159 bear the names of persons whose names are on the' Company's pay roll of August 22, 1942, which contains 187 names in the appro- priate unit. District 50 relied on the afore -mentioned contract to substantiate its claim of represen- tation . At the hearing the National Council stipulated that District 50 had a substantial interest in this proceeding and was entitled to a place on the ballot. ' This unit is identical to the unit covered by the contract between the Company and District 50, which expired September 1, 1942. THE, CELOTEX CORPORATION 599 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 employees who did not work during, said 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 employees who have since quit or been dis- charged for cause, to determine whether they desire to be represented by National Council of Gas, Coke & Chemical Workers, Local No. 62, or by Local 12162, District 50, United Mine Workers of America, for the purposes of collective bargaining, or by neither.