The Carborundum Co.

In the Matter of THE CARBORUNDUM COMPANY, AND GLOBAR DIVISION OF CARBORUNDUM COMPANY and UNITED GAS, COKE & CHEMICAL WORKERS LOCAL 12058, C. I. O. Case No. R-4804.Decided February 13, 1943 Jurisdiction : abrasives manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition ; election necessary. Unit Appropriate for Collective Bargaining : all employees at both plants of company paid on an hourly. or piece-work basis, except supervisory employees, electric switchboard attendants, boiler firemen and helpers regularly employed in the main boiler plant, and plant policemen ; stipulation as to. Mr. Francis V. Cole, for the Board. Franchot, Rurhals, Cohen, Taylor d Rickert, by Mr. Thomas G. Rickert, of Niagara Falls, N. Y., for the Company. Mr. David Diamond, of Buffalo, N. Y., for the United. Mr. Alfred Ifamin, of Washington, D. C., for District 50. Mr. Robert Silagi, of counsel to the Board. , DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United 'Gas, Coke & Chemical Workers Local 12058, C. I. O., herein called the United, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of The Carborundum Company, and, Globar Division of Car- borundum Company, Niagara Falls and Niagara, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Peter J. Crotty, Trial Examiner. Said hearing was held at Niagara Falls, New York, on January 25, 1943. The Company, the United, and District 50, United Mine Workers of America, herein called District 50, 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. 47 N. L. R. B., No. 70. 1 503 504 DEUIFSJON'S OF NATIONAL LABOR' RELATIONS BOARD During the hearing District 50 moved to dismiss the petition on the ground that no, question concerning representation had 'been raised. The Trial Examiner reserved ruling on the motion and for reasons appearing in Section III, infra, we hereby deny it. The Trial Ex- aminer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Oir February 3, 1943, District 50 filed a brief which the Board has considered. _ Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE 1iUSIiESS OF THE COMPANY The Carborundum Company is a Delaware corporation licensed to do. business in the State of New York. The Company is engaged in the manufacture of abrasives in Niagara Falls, New York, and through its Globar. Division, in Niagara, New York. During the cal- endar year, 1942, these plants, which alone are involved in this pro- ceeding, received raw materials valued in excess of $4,000,000, more than 90 percent of which was shipped from points outside the State of New York. During the same period the Company' produced at'these plants finished products valued in excess of $15,000,000, more than 90 percent of which was shipped from said plants to points 'outside the State of New York. 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 Local 12058, affiliated with the Congress of Industrial Organizations, is a labor organization, (ad- mitting 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 January 17, 1942, the Company and District 50 entered into an agreement for 1 year. During the first week in June 1942, represents-. tives of various District 50 locals convened in Washington, D: C., and voted to withdraw from the United Mine Workers of America and to set up an independent organization known as National Council of Gas, Coke & Chemical Workers of America. In September 1942, this or- ganization changed its name to United Gas, Coke & Chemical Workers, and in November 1942 became affiliated with the Congress of Indus- THE CARBORUNDUM COMPANY 505' trial Organizations. One of the local unions involved in the above shift was Local 12058. On November 18,'1942, the United requested recognition from the Company- as the sole collective bargaining agency of its employees at the Niagara and Niagara Falls plants. The Company refused to grant this request on,the ground that it had an unexpired contract with Dis- trict 50. • On January 13, 1943, 4 days prior to the termination of the contract, District 50 and the Company reached an agreement extend- ing the contract for a period of 30 days, and also providing for subse- quent extensions terminable, however, on 48 hours' notice by either party. 'This contract is not asserted as, and we find that it is not, a bar to the present proceeding. A report of a Field Examiner of the Board end a statement by the Trial Examiner, introduced into evidence at the hearing, indicate that the United represents a substantial number of employees in the unit hereinafter found appropriate., District 50 contends that the United did not submit a sufficient number of authorization cards to the Field Examiner prior to the hearing to warrant the holding of a hearing. It further argued that this alleged defect could not be cured by present- ing additional evidence at the hearing itself and that, even if the total number of valid authorization cards submitted by the United-were to be considered, the showing made would still be insufficient. We find that all three contentions of District 50 are without merit. 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 The parties stipulated and we find that all employees of the Com- pany at its plants in Niagara Falls and Niagara, New York,2 who are paid on an hourly or piece-work basis, except supervisory employees, electric switchboard attendants, boiler firemen and helpers regularly employed in the main boiler plant, confidential employees, and plant 1 The Field Examiner reported that the United submitted 1,454 application cards, all of which bore apparently genuine original signatures ; that they were dated as follows : 74 in June 1942 , 9 in July, 3 in August , 1 in September, 159 in October, 221 in November, 21 in December 1942, and 966 undated ; that the navies of 848 persons whose signatures appeared on the cards were listed on the Company 's pay roll of December 26, 1942 , which contained 4,188 persons in the appropriate unit. The Trial Examiner stated that, at the hearing, - the United submitted to him 545 applica- tion cards , all of which bore apparently genuine original signatures ; that the names of 474 persons whose signatures appeared on the cards were listed on the Company 's pay roll of December 26, 1942 ; that of these 474 cards, 344 were dated January 1943 and 130 were undated or partially dated ; and that 37 cards were duplicated by cards in the group that were examined ,by the Field Examiner. District 50 relies upon its contract with the Company as evidence of its membership. 2 One of the plants is located in the city of Niagara Falls , New York, and the other is located in the town of Niagara, just outside the city. '506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD policemen, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF•REPRESENTATI«]S .We, shall direct that the question on, 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 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 represent- atives for the purposes of collective bargaining with The Carborun- dum Company, and Globar Division of Carborundum Company, 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 Third Region, acting in this matter as agent for the National Labor Rela tions 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 temporarily laid off, and including employees in the armed forces of the United States who present themselves in person .at the polls, but excluding those employees who have since quit or been discharged for cause, to determine whether, they desire to be repre- sented-,,,by United Gas, Coke,&, Chemical , Workers- Local. 12058, affili- ated' with the Congress of Industrial Organizations, or by District 50, .United Mine Workers of America, for the purposes of collective bargaining, or by neither. -