J. L. Hopkins & Co.

In the Matter of J. L. Hoi'KINS & Co. and LOCAL 12450, DISTRICT 50, UNITED MINE WORKERS OF AMERICA Ca.;e No. R-41'68.-Decided February 1, 1943 Jurisdiction : (it ugs, iuaportnig uulustry Investigation and Certification of Representatives : existence'of question re- fusal to grant recognition because of alleged existing contract, contract held ho bar, when of indefinite duration and contracting organization becaine inac tive: election necessary Unit Appropriate for Collective Bargaining : all production, maintenance, and shipping employees. including the office girl, but excluding plant superintendent, laboratory superintendent, cheanist, mill foreman, and secretary to the labora- tory superintendent; stipulation as,to Mr. William. C. Gelzi'ing, of New York City, for the Company. Messrs. Knil Schlesinger and Abraham Schlesinger, by Abraham Schlesinger, of New York City, for the Union. Mr. Joseph!'. Gubbins, of counsel to the Board., DECISION AND DIRECTION OF ELECTION STATEMENT OL THE CASE Upon petition duly filed by ,Local 12450, District 50, United Mine Workers of America,' herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of J. L. Hopkins & Co., New York City, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing,upon due notice before Frederick R. Livingston, Trial Examiner. Said bearing was held at New York City, on Janu- ary 12, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross- exaniiiie witnesses, and to introduce evidence bearing upon the issues.' The Trial Examiner's rulings iiiade at the hearing are free from preju- dicial error and are hereby affirmed. ' The petition was filed jointly by Disti ict, 30, United Mine Workers of Amen ca, and Local 12450 , District 50, United Mine Workers of America 2 Local 121 , United Gas , Coke & Chemical Woi leers of America, was served with notice but did not appear at the hearing 47 N L R B, No 20. 213 214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY J. L. Hopkins & Co: is a New York corporation, with its principal office and plant in New York City, where it is engaged in the business of importing, exporting, and milling of crude drugs. The Company purchased raw materials, principally crude drugs, amounting to ap- proximately $100,000 during the period from June 1 to December 1, 1942, all of which were purchased outside the State of New York. During the same period the Company sold finished products in the amount of $100,000, 80 percent of which was shipped to places outside the State of New York. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. 1 II. THE ORGANIZATION INVOLVED Local 12450, District 50, United Mine Workers of America, is a labor organization, admitting to membership, employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On November 10, 1941, the Company executed a contract with Local 12165; District 50, United Mine Workers of America; the contract to run for an indefinite period. Shortly thereafter several of the officers $and members of Local 12165 disaffiliated themselves from that local and became members of Local 121, National Gas, Coke & Chemical Workers, 'now known as United Gas, Coke & -Chemical. Workers, an affiliate of the Congress of Industrial Organizations. In March 1942, District 50, United 1Vline Workers of America, revoked the charter of its Local 12165 but on May 25, 1942, it granted a new charter to the employees of the Company upon their petition. The Union has requested the Company_to grant it bargaining rights but the Company has refused, claiming that it could not bargain with any union 'because of the existing contract with Local 12165, Dis- trict 50. As a general rule, the Board will not proceed with an investigation as to representation where there exists a valid contract, having a reason- able period to run, with an active labor. organization of clearly estab- lished identity. The record in the present case shows that Local 12165, District 50, United Mine Workers of America, the organization which entered into the contract with the Company, has become inactive be- cause of the disaffiliations of several of its officers and members and the subsequent revocation of its charter by'District 50, United Mine Workers of America. For this reason, as well as the fact that the J. L. HOPKINS & CO,. _ 215 contract is for an .indefinite period, we find that it is not a bar to the present determination of representatives. A statement prepared by the Regional Director and introduced in 'evidence at the hearing indicates that the Union represents a substan- tial 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 within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties that all pro- duction, maintenance, and shipping employees of the Company, in- cluding the office girl, but excluding the plant superintendent, the laboratory superintendent, the chemist, the mill foreman, and the secretary to the laboratory superintendent, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act.' 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 Elec- tion herein, subject to the limitations and additions set forth in, said 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 amended, it is hereby' DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with J. L. Hopkins & Co., New York City, 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 The.Umon submitted 20 authorization cards, all of which bear apparently genuine sig- natures, and all of which bear names which appear on the Company's pay roll of November 20, 1942 . The Union also submitted at the hearing a petition signed by 13 of the employees, dated October 22, 1942 , requesting the Union to represent them There are approximately 27 employees in the appropriate unit. ' This'is substantially the 'same unit set forth in the contract dated November 10, 1941, with the exception of the secretary to' the laboratory superintendent 216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Director for the Second 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 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 employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local 12450, District 50, United Mine Workers of America, for the purposes of collective bargaining. 0 f