Wilson & Co., Inc.

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.