The Palmer Match Co.

I In the Matter of THE PALMER MATCH CoirPANY and UNITED GAS, COKE AND CHEMICAL WORKERS OF AMERICA, LOCAL 187 (C. I. 0.) ease .No. B-5240.-Decided May 11,-1943 Mr. G. K. Harding , of Akron, • Ohio, for the Company. Mr. IVendell Ringhols , of Cleveland, Ohio, for the Chemical Workers. Mr. Jesse Gallagher, of Cleveland, Ohio, for the Federal. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Gas, Coke and Chemical Workers of America, Local 187, (C. I. 0.), herein called the Chemical Workers, allegiirg that a question affecting commerce had arisen concerning the representation of employees of The Palmer Match Company, Akron, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Louis Plost, Trial Examiner. Said hearing was held at Akron, Ohio, on April 26, 1943. At the commencement of the hearing, the Trial Ex- aminer granted a motion of United Match Workers' Federal Labor Union No. 18460, A. F. of L., herein called the Federal, to intervene. The f2ompany, the Chemical Workers, and the Federal appeared at and participated in the hearing.' All parties were afforded full op- portunity 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 prejudical error and are hereby affirmed. I Although Local Union 12294 , Gas By-Product Coke and Chemical Workers, District 60, United Mine Workers of America , herein called District 50, was served with notice of hearing, it did not appear. 49 N. L. R. B., No. 109. - 767 768 ' DECISIONS OF NATIONAL L ABOR RELATIONS BOARD Upon the entire record in the case , the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS ' OF THE COMPANY , The Palmer Match Company is a Delaware corporation with its principal place of business at Akron, Ohio, where it is engaged in the, manufacture of wood matches. During 1942.the Company purchased raw materials valued in excess of $1,000,000, approximately 90 percent of which was shipped to it from points outside the State of Ohio. During the same period the Company sold finished products valued in excess of $1,800,000, 90 percent of which was shipped to points outside the State of Ohio. The Company, admits that it is engaged in com- merce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED United Gas, Coke and Chemical. Workers of America, Local 187, is a labor organization affiliated with the Congress of Industrial Organiza- tions, admitting to membership employees of the Company. United Match Workers' Federal Labor Union No. 18460 is a labor organization affiliated with the American' Federation of Labor,' ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 14, 1942, District 50 was certified, a_ fter a consent election, as exclusive representative of the employees in the employer unit identi- cal with that here involved 2 On July 31, 1942, District 50 entered into an exclusive contract with the Company which expires by its terms on July 31, 1943. The contract further provides that it shall be renewed from year to year thereafter unless either party thereto gives notice of a desire to terminate at least 30 days prior to any annual expiration date. On February, 17, 1943, the Chemical Workers notified the Company that it represented a majority of the Company's em- ployees and requested exclusive recognition. The Company refused this request and suggested that the Chemical Workers refer its claim to the Board. Sometime after District 50 was certified, it severed its affiliation, with the Congress of Industrial Organizations. On February 14, 1943, the employees in the unit here involved unanimously, passed a 2 See Matter of Palmer Match Company and Local ' Union No. 12294 of the Gas By- Product Coke and Chemical Workers, Un4ted Mane Workers of America , District No. 50 (CIO), 42 N. L. R. B. 437. THE PALMER MATCH COMPANY . 769 resolution authorizing affiliation with the Chemical Workers. The President of the former District 50 local continued as president of the Chemical Workers. Pursuant to a request of District 50, the Chemi- cal Workers returned the charter and seal of the local td the United Mine Workers of America. As stated above, although served with notice, District 50 did not appear at the hearing in the instant pro- ceeding. None of the parties involved herein contends that the con- tract is a bar to a present determination of representatives. As a general rule, the Board will not proceed with an investigation as to representation where there exists a valid contract, having a reasonable period to run, with an active labor organization. Here, however, it is clear that the labor organization which was certified by the Board and which is a party to the contract, has been repudiated by the employees and that it no longer represents them. We find, there- fore, that the contract does not constitute a bar to a present determina- tion of the employees' desires. - A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Chemical Workers repre- sents a substantial number of employees in the unit hereinafter found to be appropriate." 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. lv. THE _ APPROPRIATE UNIT We find, in accordance with a stipulation of the parties; that all production and maintenance employees at the Akron plant of the Company, including power house employees, but excluding foremen, supervisors, and salaried and clerical employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act 4 V. THE DETERMINATION OF REPRESENTATIVES The Chemical Workers stated at the hearing that it does not desire an election but wishes to be certified as the exclusive bargaining rep- resentative of the Company's employees so that it may administer the contract alluded to above. However, the Federal has made a showing of representation and desires an election. Moreover, we are of the 8 The Field Examiner reported that the Chemical workers presented 140 membership application cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of March 10 , 1943. There are approximately 327 employees in the appropriate unit. The Trial Examiner reported that the Federal presented 40 authorization cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of March 10, 1943. ' This is the same unit previously found appropriate by the Board. 770 o DECISIONS OF NATIONAL LABOR RELATIONS BOARD opinion that an election is the most satisfactory" means of determining the desires of the employees. We shall, therefore, direct that the question concerning representation which has, arisen be resolved by means of an election-by secret. ballot among the employees in the appro- priate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subect 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 representa- tives for the purposes of collective bargaining with The Palmer Match Company, Akron, Ohio, 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 Eighth 'Region, 'acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec' tion 10, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion, including any such 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 any who have since quit or been discharged for cause, to determine whether they desire to be represented by United Gas, Coke and Chemical Workers of America, Local 187, affiliated with the Congress of Industrial Organ- izations, or by United Match Workers' Federal Labor Union N. 18460, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.