Jacques Wolf & Co.

In the Matter of JACQUES WOLF & COMPANY and DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. 2-R-4986.-Decided November 14, 1944, Mr. Ola C. Cool, of New York City , and Mr. Arnold Pfister, of Clifton, N. J., for the Company. Messrs. Victor R. Osuchowski and Otto Hartman, of Newark, N. J., for District 50. Messrs. Jacob Friedland and John J. Moran, of Jersey 'City, N. J., for the AFL. Mr. Ben Grodsky, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by District 50, United Mine Workers of America, herein called District 50, alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Jacques Wolf & Company, Clifton, New Jersey, herein called the Company, the National Labor-Relations Board provided for an appropriate hearing upon due notice before John J. Cuneo, Trial Examiner. Said hearing was held at Clifton, New Jersey, on October 13, 1944. The Company, District 50, and Federal Local #22311, A. F. of L., herein called the AFL, appeared and partici- pated. All parties were afforded full opportunity to be heard, to examine 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 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 : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Jacques Wolf & Company is a New Jersey corporation engaged in the manufacture of textile chemicals and leather specialties at its 59 N. L. R. B., No. 50. 242 JACQUES WOLF & COMPANY 243 main plant at Clifton, New Jersey, and another plant at Carlstadt, New Jersey, both involved in this proceeding., During'the past year the Company purchased raw materials consisting of vegetable oils and zinc dust valued in excess of $1,000,000, approximately 75 percent of which was shipped to these plants from sources outside the State of New Jersey. During the same period the Company manufactured finished products as described above valued in excess of $1,000,000, approximately 50 percent of which was shipped from said plants to points outside the State of New Jersey. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED District 50, United Mine Workers of America, is a labor organiza- tion admitting to membership employees of the Company. Federal Local #22311, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 28, 1941, District 50 sent a letter to the Company stat- ing that it had been designated as bargaining representative by the employees of the Company's Clifton and Carlstadt plants and request- ing a conference. The Company did not reply to this letter. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that District 50 represents a substantial number of em- ployees in the unit hereinafter found 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. . IV. THE APPROPRIATE UNIT District 50 and the, AFL seek a unit consisting of all production and maintenance employees of the Company's Clifton and Carlstadt, New Jersey, plants, including assistant foremen and four named fore- men, Cebula, Berge, Muchmore, and Liebezeit, but excluding office and clerical employees, laboratory apprentices and helpers, draftsmen, A third plant of the Company located in the State of California is not involved herein. 2 The Field Examiner reported that District 50 submitted 140 cards, 138 of which bore the names of persons listed on the Company 's pay roll of September 18, 1944, which con- tained the names of 162 employees in the alleged appropriate unit ; and that the cards were dated as follows : 134 In August 1944 and 4 in September 1944. The AFL relies on its closed-shop contract with the Company which expires November 12 1944 , as evidence of its interest in this proceeding. This contract is not raised as a bar to the instant proceeding. 244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD chemists, salesmen, engineers, chauffeurs, chauffeurs' helpers, plat- form men, militarized guards, janitress, supervisor of shipping, fore- men, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action. The Company con- cedes that appropriateness of this unit, except that it seeks to exclude the assistant foremen and four named foremen from the proposed unit on the ground that'their duties are supervisory. The unit proposed by District 50 and by the AFL embraces the employees covered by the agreement presently in effect between the Company and the AFL. At the time this agreement was consummated in Novmber 1942, Berge and Muchmore were foremen, but the Com- pany clid not object to their inclusion in the bargaining unit. Cebula was promoted to foreman in February 1944, and Liebezeit in May or June 1944. The Company changed its position since the signing of the current agreement and now maintains that these foremen should be excluded. The Company employs 9 foremen. , An exami- nation of the duties of the 4 named foremen reveals that their duties are similar to those of the foremen excluded by agreement from the present contract. Each of the 4 foremen in question occupies a desk in his respective department and is charged with the responsi- bility of maintaining production under the direct supervision of the superintendent or the chief chemist. All spend approximately 25 to 50 percent of their time in manual work and the remaining time in supervision. They have the power effectively to recommend dis- charge, transfer, or discipline of an employee. They are allowed 2 weeks vacation with pay, whereas assistant foremen and, ordinary production and maintenance employees are allowed a vacation with pay for only 1 week. They also have the power to authorize overtime work for their subordinate employees. These employees exercise the usual powers and perform the normal functions of supervisory em- ployees. We shall exclude them from the unit. There are approximately 8 or 10 employees designated as assistant foremen whose inclusion is contested by the Company. Approximately 75 percent of their time is spent in manual work and the balance in instruction, assignment of employees, and direction of work. They are capable of operating all machinery in their department and are more highly skilled than the other employees in the various depart- ments. ' They report to the foremen in their department and, in his' absence, to the superintendent or to the chief chemist. While they have the power to make recommendations regarding employees, their recommendations are not necessarily effective, but are more in the na- ture of the report of a highly skilled employee concerning one of less skill. Although they receive about,5 percent more pay than other em- JACQUES WOLF & COMPANY 245 ployees, their hours, vacation period, and other working conditions are generally the same. Despite their title, assistant foremen do not exercise,functions normally exercised by those falling within the mean- ing of our usual definition of supervisory employees. Accordingly, we shall include assistant foremen in the unit. We find that all production and maintenance employees of the Com- pany's Clifton and Carlstadt, New, Jersey, plants, including assistant foremen, but excluding office and clerical employees, laboratory ap- prentices and helpers, draftsmen, chemists, salesmen, engineers, chauf- feurs, chauffeurs' helpers, platform men, militarized guards, janitress, supervisor of shipping, 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 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 the Direction of Election herein, subject to the limitations and additions set forth in the Direc- tion.3 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Jacques Wolf & Company, Clifton, 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 em- ployees 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 temporarily laid off, and including employees in the armed forces of the United I District 50'and the AFL desire to appear on the ballot as their names are set forth in the Direction of Election. 246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 District 50, United Mine Workers of America-Chemical Division, or by Chemical Local No. 22311, American Federation of Labor, for the purposes of collective bargaining, or by neither. 4