John T. Stanley Co., Inc.

4 In the Matter of JOHN T. STANLEY- Co., INC., and UNITED PACKING- HOUSE WORKERS OF AMERICA, C. 1 ' 0. Case No.. -R-4633.-Decided July 15, 19 4 Mr. J&mes C. Paradise, 'for the Board. Mr. Harry P. Albert, of New York City, for the Company. Messrs. -Ray Hobbs and Meyer, SterA, of New York City, for the- C. 1. 0., Messrs. Jacques I3uitenkant and Arnold Cohen, of New York City, for the A. F. L. Mr. 'Joseph Lepie, of counsel to the Board. DECISION AND -DIRECTION OF ELECTION STATEMENT OF THE CASE 4 Upon a petition duly filed by United Packinghouse Workers of America, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation, of em- ployees' of John T. Stanley Co., Inc.,-New York City, herein called the Company, the National Labor Relations Board provided for an appropriate heari ng upon due notice before Cyril W. O'Gorman, Trial Examiner. Said hearing was held at New York City on June 5, and 6, 1944. At the commencement of the hearing the Trial Examiner granted a motion to intervene made by Cosmetic Soap & Perfumnery Workers Union,,Local #20646, A. F. L., herein called the A. F. L. The Company, the C. 1. 0., and the A. F. L. appeared and participated. All parties were afforded full opportunity to be heard, to, examine and cross-examine witnesses, and to introduce evidence bearing on the is- sues. The Trial Examiner's rulings made at the hearing are free from prejudicial error 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. 72. 384 C JOAN T. STANLEY CO., INC. FINDINGS OF FACT 385, 1. THE BUSINESS - OF THE COMPANY John T. Stanley Co. Inc., a New York corporation, is engaged at New York -City, in the business ;of collecting and rendering waste fats- and oils and manufacturing glycerine, soaps, feed for fowl, and allied' products. During the past year, the Company purchased i,4* mate- rials _ exceeding $500,000 in value, of which 50 percent was shipped to it from points outside the State of New York. , During the same pe-, riod the Company's sales exceeded $1,000,000 in value, of which 50 percent was shipped by it 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 Packinghouse Workers of America, affiliated with the Con- gress•of Industrial Organizations, is-a labor organization adiitting to membership employees of the Company. Cosmetic Soap & Perfumery Workers Union, Local #20646, affili- ated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION, On May 18, 1942, the Company and the A. F. L. entered into a col- lective bargaining contract for a term of 2 years. On March 8, 1944, more than two months prior to its expiration date, the Company and A. F. L. by a new agreement extended, in effect, the 1942 contract for another term of 2 years. It was stipulated that on March 9, 1944, the Company received a-letter from the C. I. O. stating that the C. 1. O. iepresented a majority of the Company's employees and requesting a bargaining conference. It was also stipulated that the Company failed to reply to the C. I. O.'s letter because of the contract it made with the;A. F. L. on March 8, 1944. The A. 1F. L. contends that the petition should be dismissed on the ground that the March 8; 1941, agreement bars .the instant proceed- ing., • We find no merit in this contention since we have heretofore held that a premature extension of a contract cannot operate as a bar to a determination of representatives where a rival claim of represen- tation has been made prior. to the expiration date of the extended agreement.' Accordingly, we find that the agreement of 'March 8, 1944, does not serve to bar the present proceeding. 1 The Company takes 'a neutral position with respect to this issue 2 See Matter of Wichita Union Stockyards Company, 40 N. L. R. B. 369; and Matter of Aluminum Ore Company, 56 N. L R B. 498. , 601248-45-vol 57--26 386 DECISIONS `OF NATIONAL LABOR RELATIONS BOARD A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the C. I. O. represents a -substantial number of employees in the unit hereinafter found appropriate.3 We find that a question affecting commerce has arisen concerning the representation: of einployees,,of the Company, within the, meaning:of. Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT As its primary contention, the C. I. O. asserts that a unit consisting of all the Company's production and maintenance employees, exclud- ing office clerical and supervisory employees; is appropriate. Alter- natively, however, the C. I. 0. seeks a unit coextensive with that cov- ered by the existing agreement between the Company and A. F. L. Apparently, neither the Company nor the A. F. L. takes,an affirmative position with ,respect, to;,the issue of the appropriate unit. The present contract between the Company and the A. F. L. em- braces the'same employees who were covered by the 1942 agreement be- tween these parties 4 Thus, there has been a 2 year history of col- lective bargaining on the basis of the unit set forth in both agree- ments. These agreements cover all production and maintenance em- ployees, including those employed in the cosmetic, soap, perfnnlery, and maintenance departments, excluding those engaged in the render- ing, grinding, pressing, and collecting departments, cfce clerical, and r supervisory employees. In view of the history of collective bargaining, we find that all production and maintenance employees of the I Company, including all employed in the cosmetic, soap, perfumery,- and maintenance de- partments; but excluding all engaged, ,in the rendering, grinding; pressing, and collecting departments, office clerical employees, and all 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 1the purposes of collective bargaining yvjthin the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPL'ESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- Aho were employed' during the pay-' ployees in the appropriate unit w ' The Field Examiner reported that the C 1 0 submitted 94 application cards*; and that the names of 84 persons appearing on the cards were listed on the Company's pay roll of May 19, 1944, which contained the names of 140 employees in the unit claimed to be appro- priate by the C. I 0 The A F L. apparently relies on its contract as evidence of its interest in this proceeding Both agreements have been mentioned in Section III, supza JOHN T. STANLEY CO., INC. -387 roll-period immediately preceding the date of the Direction of Election herein, :subject to the limitations and additions set forth in the Direc- tion. 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 Re- lations Act; and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, it is hereby DInECTrn that, as part ofthe investigation to ascertain representa- tives Tor the purposes of collective, bargaining with John T. Stanley Co., Inc., New York City-,'an election by secret ballot shall be con- ducted 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 the 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 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 United Packinghouse Workers of America, affiliated with the Congress of Industrial Organizations, or by Cosmetic Soap & Perfumery Workers Union, Local #20646, affiliated, witlr, the American. Federation of Labor, for the purposes of collective bargaining, or by neither.