Corson Manufacturing Co.

In the Matter of CoRSON MANUFACTURING COMPANY and UNITED PAPER, NOVELTY AND Toy WORKERS INT'L UNION-C. I. O. Case No. R-5155.-Decided May 10, 1943. Mr. Lyman M. Bass ; `of Buffalo, N . Y., for the Company. Mr. John J. Maurillo, of Buffalo , N. Y., for the C. I. O. Mr. Norbert Berger, of Buffalo, N. Y., for the A. F. of L. Miss Melvern R. Krelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Paper, Novelty and Toy Work- ers Int'l Union-C: I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Corson Manufacturing Company, Lockport, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Francis, V. Cole, Trial Examiner. Said hearing was held at Buffalo, New York, on April 7, 1943. The, Company, the C. I. O. and Printing Pressmen and Assistants Union, Local No. 27, herein called the A. F. of L., appeared, participated, 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Corson Manufacturing Company, a New York corporation, is en- gaged in Lockport, New York, in the manufacture of paper boxes. During 1942, the Company used raw materials at its Lockport plant valued in excess of $275,000, of which more than 20 percent was 49 N. L. R. B., No. 98. 674 CORSON MANUFACTURING COMPANY 675 shipped' to the plant from points outside the State of New York. During the same period, the Company manufactured at its Lockport plant finished products valued in excess of $450,000, of which approxi- mately 20,percent was shipped to points outside the State of New York. For the purpose of this proceeding, the Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Paper, Novelty and Toy Workers Int'l Union is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Printing Pressmen and Assistants Union, Local No. 27, is a labor organization affiliated with the American Federation of Labor, admit- ting to membership employees of the Company. Ill. THE QUESTION CONCERNING REPRESENT.ITION The C. I. O. requested the Company to recognize it as the exclusive bargaining representative of its employees. The Company refused the request on the ground that it did not consider that it was in a position to deal with the C. I. O. because of a collective bargaining agreement between the Company and the A. F. of L. On March 10, 1943, the C. I. O. filed its petition. Membership application cards sub- lnitted by the C. I. O. to the Trial Examiner at the hearing indicate that the C. I. O. represents a substantial number of employees of the Company in the unit alleged by it to be appr6priate.1 On June 29, 1942, the Company and the A. F. of L. entered into a contract for one year. This contract, which by its terms was to con- tinue in effect until July 1, 1943, covered all employees of the Com- pany with specified exclusions. The contract provided that if either party wished to propose an amendment to the agreement or a new contract to take the place of the agreement it `shall notify the other 60 days prior to July 1, 1943. The record indicates that the A. F. of L. notified the Company within the required period that it desired to negotiate a new contract. Negotiations have not yet begun. The A. F. of L. contends that this contract is a bar to a determina- tion of representatives. The Company maintains that the C. I. O.'s i The Trial Examiner reported that the C 1 O. submitted 44 membership application cards, all of which were dated in March 1943, and bore apparently genuine signatures. Of the 44 presented, 35'bear the names of'persons whose names appear on the Company's pay roll of April 7, 1943. Said pay roll contains the names of 65 persons in the unit sought to be established by the C. I. O. The A. F. of L made no showing of membership , relying on its contention that its contract is a bar to this proceeding. 53164 7 -43-voI 49-44 676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD "application" is premature. It is clear, however, that the C. I. O. had asserted its claim prior to the 60-day period provided for in the contract. We find that this contract is not a bar to an investigation of representatives and 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 that the appropriate unit should comprise all production' and maintenance employees including the compositors, truck drivers, and watchmen, but excluding the superintendent, the box department foremen, and office and clerical employees. It appears that the three compositors employed by the Company have been members of Typographical Union, and have been bargained for by that Union. The record fails to show any specific representa- tion made by the C. I. O. in this group of employees, and they were specifically excluded from the contract between the Company and the A. F. of L., as were the truck drivers and watchmen. We shall, there- fore, exclude these,three groups of employees. We find that all production and maintenance employees of the Company, excluding the superintendent, the box department fore- men, office and clerical employees, compositors, truck drivers, and watchmen constitute 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 our Direction of Election 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 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 representa- tives for the purposes of collective bargaining with Corson Manufac- turing Company, Lockport, 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 super- CORtiO\ MANUFACTURING COMPANY 677 vision of the Regional Director for the Third 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 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 tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls , but ex- cluding any , who have since quit or been discharged for cause, to determine whether they desire to be represented by United Paper, Novelty and Toy Workers Int'l Union, C. I. 0., or by Printing Press- men and Assistants Union, Local No. 27 , A. F. of L., for the purposes of collective bargaining, or by neither.