The Regina Corp.

In the Matter of THE REGINA CoRPORATIoN and REGINA EriPIAYEEs' " ASSOCIATION Case No. 2-R-4689.-Decided July 1, 1944 Bailey cQ Schenck, by Mr. George B. Bailey, of Newark, N. J., for the Company. Mr. Victor H. Eichhorn, of Elizabeth, N. J., for the Association. Mr. Thomas I. Parsonnet, of Newark, N. J., for the Metal Polishers. Isserman, Isserman cQ Kapelsohn, by Mr. Sol D. Kapelsghn, of Newark, N. J., for the I. A. M. Mr. Bernard Goldberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Regina Employees' Association, herein-called the Association, alleging that a question affecting com- merce had arisen concerning they representation of employees of The Regina Corporation, Rahway, ,New Jersey, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice before David H. Werther, Trial Ex- aminer. Said hearing was held at Newark, New Jersey, on May 25, 1944. The Company, the Association, and International Associa- tion of Machinists, District 47; herein called the I. A. -M., and-the Metal Polishers, Buffers, Platers and. Helpers International Union, Local 44, herein called the Metal Polishers, appeared and partici- pated. All parties were afforded full opportunity to be heard, to ex- amine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial erroi and' are hereby affirmed: All parties were afforded an opportunity to file briefs with the Board., Upon the entire record in the case, the Board makes the following: 57 N. L. R. B., No. 2. 4 THE REGINA CORPORATION FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY, The Company is engaged in the manufacture of fuses at its plane in Rahway, New Jersey. During the past year it purchased more than $500,000 worth of raw materials, approximately 90 percent of which came from outside the State of New Jersey. During the same period -it sold more than $1,000,000 worth of its finished product, 90 percent of which it shipped to points outside the State of New Jersey. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Regina Employees' Association is an unaffiliated labor organization admitting to membership employees of the Company' International Association of Machinists, District 47, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. Metal Polishers, Buffers, Platers and Helpers International Union, Local 44, affiliated with the American Federation of Labor, is a labor organization admitting to membership -employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Pursuant to an agreement between the Company and the American Federation of Labor, a consent election was held on May 7, 1943, among the' production and maintenance employees of the Company to deter- mine whether the employees desired the American Federation of Labor to, represent them in collective bargaining with the Company. The American Federation of Labor won the election and thereupon desig- nated the I. A. M. and the Metal Polishers as having' jurisdiction over 1 The I. A. M. and, the Metal Polishers contend that the Association is not a labor organi- zation within the meaning of the Act and therefore has no standing in this proceeding. The record shows that after consultation with an attorney , a group of the Company's em- ployees held a general meeting at which the 50 employees attending voted to form an inde- pendent union . Thereafter , petitions designating the Association as bargaining repre- sentative were prepared and circulated Although the Association has no constitution, no bylaws, and no permanent officers, it functions through an executive committee which was selected to negotiate with the Company relative to hours, wages, conditions of employment, etc. Under the Act, a labor organization need not of necessity have all of the formal attributes commonly associated with such organizations . Section 2 (5) of the Act defines "labor organization" as follows : "The term 'labor organization ' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose , in uuhole or in part, of dealing with employers concerning grievances , labor disputes , wages, rates of pay, hours of employment, or condi- tions of work " Since the Association exists for the purpose set forth in the foregoing definition , we find that it is a labor organization within the meaning of the Act Matter of A P. Steiner et at., 43 N. L R. B 1384; Matter of Atlas Powder Company, Zapon Divi- sion, 43 N L. R. B. 757; Matter of George W. Borg Corporation, 25 N. L. R. B. 481. 6 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD the Company's employees. These two unions jointly commenced ne- gotiations with the Company and a contract was signed on September 115, 1943, subject to approval by the War Labor Board. The latter ap- proved the contract on November 12, 1943. By its terms the contract was made retroactive to May 15, 1943, and was to terminate on May 15, 1944. The contract further provided, that in the event either party, desired to negotiate a renewal 30 days' notice must be given to that effect. On March 24, 1944, the Association served notice in writing upon the Company that it represented 'a majority of its employees and requested that a new contract be negotiated to replace the one about to expire. Notwithstanding this notice, the Company on April 13, 1944, signed an agreement with the I. A. M. and the Metal Polishers renewing the old contract with minor changes for an additional year, to May 15, 1945. The I. A. M. and the Metal Polishers, citing Matter of Allis- Chalmers Manufacturing Company 2 and Matter of Kennecott Cop- per Corporation's contend that in the interest of stable labor rela- tions and as the result of their prior certification, they should be permitted to enjoy an undisturbed contract relationship with the Com- pany for at least 1 year from the date of signing of the original con- tract. In those cases, the Board was confronted with situations wherein to 'hold an election might have unfairly deprived a recently certified or recognized representative of a reasonable opportunity to obtain for,the employees the benefits to be derived from its exclusive, bargaining status. In the instant case, any delay occasioned by com- pliance with the procedures prescribed by the National War Labor Board was clearly without prejudice-to the I. A. M. and the Metal Polishers;' the contract specifically provided that its provisions were to be retroactively effective as of May 15, 1943, and it is thus apparent that the certification has culminated in a collective agreement which has run the full contractual term. Under these circumstances, we see no reason to depart from the Board's well-established principle that a contract negotiated or renewed with knowledge of conflicting claims to representation cannot operate as a bar to a present determination of representatives. Accordingly, we find that neither the 1943 contract nor the 1944 renewal thereof constitutes a bar to the instant proceeding .4 , 250NLRB306 3 51 N. L. R B. 1140. 4 See Matter of International Harvester Company; 55 N L. R B 497 ; -Matter of Landis Machine Company, 54 N L R' B 1440; Matter of MacClatchse Manufacturing Company, 53 N L R B 1268, Matter of Fort Dodge Creamery Company, 53 N. L R B 928 ; Matter of Columbia I'rotektosite Co, Inc, 53 N L R B 560; Matter of Leonard-Burke Company, 51 N L. R B. 1424; Matter of Wisconsin Steel Works, International Harvester Company, 53N.LRB 734. THE REGINA CORPORATION 7 The statement of a Field Examiner, introduced into evidence at the hearing, indicates that the Association represents a substantial number of employees in the unit hereinafter found appropriate.5 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 We find, in substantial accordance with the agreement of the parties, that all production and maintenance employees of the Company at its Rahway plant, including shipping-room employees, toolroom attend- ants, production clerks, and inspectors, but excluding office and cleri- cal employees, guards, foremen, and 'all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute. a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act .6 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 Relations 6 The Field Examiner reported that the Association submitted 118 undated petitions and that the names of 110 of these also appeared on the Company's pay roll of April 8, 1944, which contained the names of 304 employees in the appropriate unit. The I. A. M. and the Metal Polishers urge that the petition be dismissed because of the Trial Examiner's refusal to require the Association to produce its designations for verification of signatures thereon. As we have repeatedly held, the submission of membership designations is an administrative requirement to enable the Board to make a preliminary determination as to whether the petitioner has a sufficient interest to justify the Board in proceeding with an investigation of representatives. The Board, therefore, does not permit opposing parties to question the apparent authenticity of such representation showing. Matter of Atlas Powder Company, Zapon Division, 43 N. L. It. B. 757; Matter of II. G. Bill Stores, Inc., 39 N. L. It. B. 874. 6 The unit is substantially the same as that agreed to by the parties in the consent elec- tion of May 7, 1943, 2-R-3976, and subsequently covered in the contract between the Company and the 1. A. M., and the Metal Polishers. T The Association requested that it be designated on the ballot as "Independent"; the I. A. M. and Metal Polishers requested that they appear jointly on one line under the designation "A. F. L." Both requests are granted. However, any certification will de- scribe the organization as indicated in Section II, above, and the I. A. M. and the Metal Polishers will be named jointly in the event they win the election. S 8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Regina Cor- poration, Rahway, New Jersey, 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, Sections 10 and 11, 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, and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by the A. F. L. or by Independent, for the purposes of collective bar- gaining, or by neither.