The Acme, Inc.

In the Matter of THE ACME, INC. and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMLRICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-4790.-Decided February 193, 1943 Practice and Procedure : petition dismissed without prejudice when wive prod- ucts plant ceased operations through lack of priorities for materials and laid off employees in-unit claimed appropriate, when such employees were presently employed in war plants and it was unlikely that they would return to their former positions with the company in the ascertainable future. a Messrs. R. R. Chance and George E. Vaughn, both of Jersey City, N. J., for the Company. Messrs. Joseph A. Lipman and Sol Potegal, both of Bayonne, N. J., for the C. I. O. Mr. Glenn L. Moller, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a petition duly filed by United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Organizations , herein called the C. I . 0., alleging that a question affecting commerce had arisen concerning the representation of em- ployees of The Acme, Inc., Jersey City, New Jersey , herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Vincent M. Rotolo,"Trial Examiner. Said hearing was held in Jersey City , New Jersey, on January 18 , 1943. The Company and the C. I . O. appeared, par- ticipated, and were afforded full opportunity to be heard, to examine and cross-examine 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. The Company filed a brief which the Board has duly considered. 47 N. L R. B., No. 63. 448 THE ACIVIE,- I•NC. 449 Upon the entire'reco'rd in the case, the Board makes the following FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Acme, Inc., a corporation , operates a plant at .Jersey City, New" Jersey, where it is engaged in the manufacture of wire forms , staples, paper clips, and other wire products. During the 6 months, next preceding November 25, 1942,1 the Company purchased raw mate- rials 'valued at approximately $90,000 to $100 ,000; about 25 percent of which was " shipped to the Company 's Jersey City plant from points outside the State of New Jersey. During the same period' the Company sold products valued at approximately $180,000, 85 percent of which was shipped from the Company's Jersey City plant to points outside the State of New Jersey. Although as set forth in Section III, below , the plant is not in production at the present time, the Company still has some stock on hand which.'it is shipping to various customers . The Company has indicated its intention to resume operations at the earliest opportunity. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE ALLEGED QUESTION CONCERNING THE REPRESENTATION OF EMPLOY- EES OF THE COMPANY WITHIN AN APPROPRIATE UNIT The Company has been in existence for about 12 years, during which time it has been engaged in the manufacture of wire products as set forth in Section I, above. It normally carries about 60 persons on its pay roll in the unit claimed by the petitioner to be appropriate. During the year 1942 due to war plant priorities on materials, the Company, having no war contracts, found it increasingly difficult and finally impossible to obtain 'essential " raw materials. Conse= quently, at about the middle of the year, the Company began to reduce its working force, gradually laying off employees. By November 6, 1942, the Company had laid off about 20 employees, leaving about' 40 on the pay roll as of that date. Early in November, the C. I. O. began organizing these remaining employees. On about November 10, the C. I. O. notified the- Com- 513024-43-vol. 47-29 450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pany that it represented a majority of its employees and requested a collective bargaining meeting. Shortly thereafter, the Company notified the C. I. O. that it was unable to secure raw materials for further operations and suggested deferring the matter of recognition for the time being. Thereupon, on November 13, the C. I. O. filed its original petition asking for investigation and certification. Subse- quently, on November 25, the Company ceased production entirely and laid off all its production workers, retaining only its office force and maintenance crew. The Company has applied to the War Production Board for raw material priorities, but has received no assurance that its request will be granted. , On November 27, 2 days after the Company ceased operations, the C. I. O. held a meeting at which the members agreed that they would seek reemployment by the Company.when it resumed produc- tion, many of them having many years of seniority which they did not wish to lose. The evidence revealed, however, that by the, date of the hearing, January. 18, 1943, all but one of the C. I. O. members was employed at other plants, most of which -are engaged in war production. In view of the above facts, we shall not proceed with a determination of representatives in this case at this time. The circumstances under which the Company ceased operations are such as to render it highly uncertain as to when it will resume its usual business activity with its normal staff of employees. At present, practically all of the em- ployees whom the petitioner seeks to represent are employed in war plants and are unlikely to return to their former positions with the Company in the ascertainable future. Accordingly, we shall dismiss the petition without prejudice to its renewal at such time as the Com- pany shall resume operations. ORDER Upon the basis of the foregoing findings of fact and upon the entire record in the-case, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives filed herein by United Electrical, Radio and Machine Workers of America, affiliated with the C. I. 0., be, and it hereby is, dismissed, without prejudice. Mn. GERARD D. REILLY took no part in the consideration of the above Decision and Order.