Helena Rubinstein, Inc.

In the Matter of HELENA RUBINSTEIN, INC., H. R. LABORATORIES, INC., H. R. CONTAINER, INC., TONE LABORATORIES, INC., GOURIELLI, INC., and , LOCAL 149, UNITED GAS, COKE & CHEMICAL WORKERS OF AMERICA, CIO. Case No. R-4741.Decided February 11, 1943 Jurisdiction : cosmetics manufacturing industry. Investigation and Certification of Representatives : existence of question • cer- tification following Board election less than a year ago held no bar to, when parent union dissolved certified local, which appeared to be no longer in existence, and employees desired to be represented by petitioner ; election necessary. Unit Appropriate for Collective Bargaining : all production, maintenance, and shipping employees employed in the companies' Long Island City plant, exclud- ing office and supervisory employees and chemists, comprise an appropriate unit, substantially the same as found in prior proceeding, when companies' opera- tions had not changed. Mr. Henry M. Flateau, of New York City, by Mr. Gustav Nadel, appearing specially, for the Company. Mr. Alexander E. Racolin, of New York City, for the United. Mr. William C. Baisinger, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon--petition duly'filed'by Local, 1149, United'Gas, Coke'& Chemical Workers`of America, C:'I. `O'., h'ereiil called the`United, alleging that a question affecting commerce had arisen concerning the representation of employees of Helena Rubinstein, Inc., H. R. Laboratories, Inc., H. R. Container, Inc., Tone Laboratories, Inc., Gourielli, Inc., Long Island City, New York, herein collectively called the Companies, the National Labor Relations Board provided for an appropriate hearing upon due notice before Helen Humphrey, Trial Examiner. The hearing"was"held at'Ne-, York City, on January 6, 1943. The United appeared' and participated.1, , ; The Companies appeared spe- I The Regional Director has reported that District 50, United Mine Workers of America, herein called District 50, was duly notified of the pendency of this proceeding, but disclaimed any interest, and failed to file a motion to intervene. 47 N. L. R. B., No. 61. 435 436 DEiCILSIONS OF NATIONAL LABOR RELATIGiNS BOARD cially for the sole purpose of presenting a motion, to dismiss the petition for want of jurisdiction. All parties were afforded full- opportunity 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 above-mentioned motion of the Companies. For reasons hereinafter stated 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 COMPANIES 4 , Helena Rubinstein, Inc., a New York corporation with its prin- cipal office and place of business located at New York City, is engaged in the sale and distribution of cosmetics and related products and in the operation of beauty salons throughout the United States and foreign countries: During 1941, the sales of finished products, chiefly creams, lotions, perfumes, toilet waters, and lipsticks, amounted in value to over $500,000. Approximately 75 percent of the products, by value, was shipped to points outside the State of New York. Helena Rubinstein, Inc., completely owns and controls as subsidiaries the other 4 companies. H. R. Laboratories, Inc., a New York corporation with its prin- cipal office and place of business located at Long Island City, New York, is engaged in the;manufacture and sale of cosmetics and related products. During 1941 it purchased raw materials, chiefly fats, oils, and powders, valued at more than $25,000, approximately 50 percent of which, by value, was shipped from points outside the State of New York. All its finished- products, chiefly face powders, creams, lotions, toilet waters, perfumes, and lipsticks, amounting in value to more than $100,000 during 1941, were sold and delivered to H. R. Container, Inc., at Long Island City, New York. H. R. Container, Inc., a New York corporation with its principal office and place of business at Long Island City, is engaged in the packing of cosmetics and toilet preparations. During 1941, it pur-, chased raw-materials, chiefly bottles, boxes, cartons, and containers, valued at more than $100,000, approximately 50 percent of which materials was shipped from outside the State of New York. During the same period, the sales of finished products, chiefly cosmetics and toilet preparations, amounted to more than $300,000, all of which were sold and delivered in, the State of New York. Tone Laboratories, Inc., a New York corporation with its principal place of business at New York City, and its factory at Long Island' City, is engaged in the manufacture and sale of beauty preparations- HELENA RUBINSTEIN, INC. 437 ,It purchases more than 50 percent of its materials and ships more than 50 percent of its products outside the State of New York. Gourielli, Inc., a New York corporation, operates a retail store in New York City and manufactures its products at Long Island 'City. It receives approximately 50 percent of its raw materials from outside the State of New York and sells all its finished products at its retail store in New York City. The Long-Island City plant, involved in the present proceedings, is composed of three buildings, where the Companies' employees work. The plant is operated as an integrated enterprise and the employees are subject-to a unified, common, and integrated, control, established and enforced by Helena Rubinstein, Inc. In the operation of the Long Island City plant, a combined pay roll is prepared which in- cludes the employees of Helena Rubinstein, Inc., and all of its sub- sidiaries. For general supervisory purposes, the employees of all the Companies, are treated as a unified group.2 II. THE ORGANIZATION INVOLVED Local 149, United Gas, Coke & Chemical Workers of America is a labor organization affiliated with the Congress of Industrial Organ- izations, admitting to meinbership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The United has requested recognition as the exclusive bargaining -representative of employees in an alleged approprite unit. The Companies have refused to recognize the United because the Board, in a Decision and Order - issued July 27, 1942; found that local 12165, District 50, United Mine Workers of America, herein called Local 12165, was the exclusive representative of the employees of the Com- panies in an appropriate unit and ordered the Companies, upon request, to bargain collectively with Local 12165. From letters, introduced in evidence as special exhibits by the Companies, it appeals that about July 30, 1942, after the issuance of -the afore-mentioned Decision and Order, the attorney for Local 12165 requested of the Companies the immediate commencement of col- lective bargaining in compliance with the Board's order. However, on or about July 30, 1942, District 50 advised the Companies that the charter of Local 12165 had been revoked and therefore, since the 'The above stated facts concerning the operations of the Companies are set forth in the Matter of Helena Rubin'itemn , Inc, II R Laboratories, Inc, H R Container, Inc, Tone Laboratories, Inc., Courieil, , Inc and Local 12165, Dishict 50, united hone Workers of America, C. I. 0 , 42 N. L R B 898. In the cited case the Companies did not contest the jurisdiction of the Board The controller and assistant secretary of the Companies tcstifed that the organization and operations of the Companies are substantially the same as set forth in the cited decision' 'See case cited in footnote 2, supra 438 DECIPSSOe S OF NATIONAL LABOR RELATIONS BOARD union with which the Companies had been ordered to bargain was no longer in existence, the Companies were free to enter into negotia- tions with District 50. On or about August 5, 1942, the Companies advised bothLocal 12165 and District, 50,,that_because; of-their appar- ently conflicting claims it felt that it might render itself amenable, to a charge of unfair labor practice if either union was afforded collective bargaining rights. It further appears that in the early part of September 1942, at the meeting of the employees of the Companies, who had constituted the membership of Local 12165, a resolution to withdraw from District 50 was unanimously passed. Thereafter on or about December 22, 1942, a majority of the members of the defunct Local 12165 and other employees of the Companies resolved to apply to United Gas, Coke & Chemical Workers of America for a charter and Local 149 was officially set up pending the granting of the charter. On December 31, 1942, Local 149 was granted a charter by United Gas, Coke & Chemical Workers of America. Inasmuch as Local 12165 has been dissolved by District 50, its parent organization, and appears to be no longer in existence, and since evidence has been introduced tending to show that the majority of the Companies' employees desire to be represented by the United, we find that the order directing the Companies to bargain with Local 12165 is no longer operative and that an election will best resolve the doubt as to the employee's desires. A statement of the Regional Director, introduced in evidence at the hearing, indicates that the United represents a substantial number of employees in the unit hereinafter, found appropriate.4 We find that a ,question, affecting commerce has arisen concerning the representation of employees of the Companies within the meaning, of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The United contends that all production, maintenance, and shipping employees employed at the Companies' Long Island City plant, ex- cluding office and supervisory employees and chemists, comprise an appropriate bargaining units The United also desires to include Hugo Ernst, who was excluded as a supervisory employee from the unit previously found to be appropriate. ' Since the record shows that. 4 The Regional Director states that the United submitted a petition dated December 1, 1942, signed by 198 persons requesting membership in the United Gas, Coke & Chemical Workers of America and authorizing it to act for the signers as collective bargaining representative This petition contained 198 signatures which were obtained between November 2 and December 1. 1942, all of which appear to be genuine The Companies refused to submit,a pay roll covering the alleged appropriate unit, but the Union informed the Regional Director that there are approximately 300 empibyees in the unit. G This is the same unit found appropriate by the Board in the case cited in footnote 2, supra. HELENA RLTBINSTEIN, INC. 439 Ernst is no longer employed in a supervisory capacity, he will be included. The record shows that the operations of the Companies and the work of the employees are substantially the same as when the Board found this unit to be appropriate. Accordingly, we find that all production, maintenance, and shipping employees employed in the Companies' Long Island City plant, excluding office and super- visory employees and chemists, comprise a,unit appropriate 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 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 amended, it is hereby DIRECTED that, as part of the investigation to ascertain _representa- tives for the purposes of collective bargaining with Helena Rubin- stein, Inc., H. R. Laboratories, Inc., H. R. Container, Inc., Tone Laboratories, Inc., and Gourielli, Inc., Long Island City, New York, 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 Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules. nd Regulations, among the employees in the unit found appro- priate 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 em- ployees in the armed forces of the United States who present them- selves 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 149, United Gas, Coke & Chemical Workers of America, affiliated' with the• Congress of -Industrial Or- ganizations, for the purposes of collective bargaining.