The Lavoris Co.

In the Matter of THE LAVORIS COMPANY - ancl UNITED GAS, COKE & CHEMICAL WORKERS OF AMERICA , C. I. O. Case No..18=B-1040.Decided July 18, 1944, Mr. Warren B. Legler, of Minneapolis, Minn., for ,the Company. Helstein d` Hall, by Mr. Kenneth J. Enkel, of Minneapolis, Minn., Mr. Madigan, of St. Paul, Minn., and Mr. Leonard Lageman, of Min- neapolis, Minn ., for the C. I. O. Mr. Wilbur Schuh, of Appleton, Wis., "and Messrs. John H. Cook,, Gerald Keller, and John G. Bryant, of Minneapolis , Minn., for Dis- trict 50. 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 & Chemical Workers of America, C. I. 0., herein called the C. 1. 0., alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of The Lavoris Company, Minneapolis, Minnesota, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Francis X. Helge- sen,'Trial Examiner. Said hearing was held at Minneapolis, Minne- sota, on June 26, 1944. At the commencement of the hearing, the, Trial- Examiner granted a motion of District 50, United Mine Workers of America,. Local Union 12106, herein called District 50, to intervene. The Company, the C. I. 0., and District 50 appeared- at, and participated in, the hearing, and all parties 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. All parties were afforded opportunity to file briefs with the Board. - 57 N. L R. B., No. 79. ' 415 J 416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in,the, case, the Board makes the following:, FINDINGS OF- FACT ` 1. THE BUSINESS OF THE COMPANY The Lavoris Company is a Delaware corporation with its principal place of business at Minneapolis, Minnesota, where it is engaged in the manufacture of a mouthwash known as "Lavoris." During 1943 the Company purchased raw materials valued at about $300,000, ap- proximately 90 percent of which was shipped to it from points outside, the State of Minnesota. During the same period the Company manu- factured products valued at about $1,300,000, over 98 percent of which was shipped to points outside the State of Minnesota. 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 of America is a labor or- ganization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. District 50, United Mine Workers of America,. Local Union 12106, is-a labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On June 5, 1944, the C. I. 0. requested the Company to recognize it as the exclusive collective bargaining representative of the Com- pany's employees. The Company refused this request. On July 1, '1943, District 50 and the Company entered into an ex- clusive bargaining contract. The contract expired by its terms on June 30, 1944. None of the parties urges the contract as a bar to these proceedings. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the C. I. 0. and District 50 each represents a substantial number of employees in the unit hereinafter found to be appropriate 1 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. I The Regional Director reported that the C I. 0 presented 28 applications for member- ship cards hearing apparently genuine signatures of persons whose names appeared on the June 9, 1944, pay roll of the Company. There are approximately 86 employees in the ap- propriate unit. District 50 presented 35 dues ledger cards bearing the names of persons in the unit. THE LAVORIS COMPANY IV. THE APPROPRIATE UNIT 417 We find, in substantial agreement with'a stipulation of the parties, that all production and maintenance employees of the Company, ex- cluding office 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, con- stitute a unit appropriate for" the purposes of collective bargaining within the meaning of Section 9 (b) of the Act.2 V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the' question concerning representation which has arisen be resolved by means of an election by secret ballot among the employees 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 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- Lavoris Com- pany, Minneapolis, Minnesota, 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 Eighteenth Region, acting in this matter as as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the em- ployees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period.imrriedlately 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 any 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 Gas, Coke & Chemical Workers of America, C. I. 0., or by District 50, United Mine Workers of Amer- ica, Local Union 12106, for the purposes of collective bargaining, or by neither. 2 This is substantially the same unit as provided for in the contract between District 50 and the Company alluded to above. 60124S-45-vol 57-2S