Celluplastic Corp.

In the Matter of CELLUPLASTIC CORPORATION and UNITED GAS, COKE AND CHEMICAL WORKERS OF AMERICA, C. I. O. Case No. P -R-5O 6.Decided Janv ry 20, 1945 Mr. Milton J. Levy, of New York City,.for,the Company. Rothbard d Talisman, by Mr. Bernard Cherny, of Newark, N. J., for the CIO. Mr. Elias Lieberman, of New York City, for the AFL. Mr. Bernard Goldberg, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a petition duly filed by United Gas, Coke and Chemical Workers of America, C. I. 0., herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation of employees of Celluplastic Corporation, Newark, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Richard J. Hickey, Trial Examiner. Said hearing was held at Newark, New Jersey, on December 8, 1944. The Company, the CIO, and Plastic Button & Novelty Workers Union, Local 132, International Ladies' Garment Workers Union, A. F. L., herein called the AFL, appeared and par- ticipated. 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 Celluplastic Corporation, a New Jersey corporation having its principal office and place of business in Newark, New Jersey, is engaged 60 N. L. R B., No. 33. 172 CELLUPLASTIC CORPORATION 173 in the manufacture, sale, and distribution of plastic products. During the period from December 1 , 1943, to November 30, 1944, the Company purchased raw materials , principally plastics, valued in ex- cess of $250,000, of which approximately 5 percent was shipped to the Company's plant from points outside the State of New Jersey. In the same period , the Company sold fabricated products , mostly plastic containers and molded plastic specialties , of a value in excess of $1,000,000, approximately 90 percent of which was transported to places 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 United Gas, Coke and Chemical Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organization ad- mitting to membership employees of the Company. Plastic Button & Novelty Workers Union, Local 132, International Ladies' Garment Workers Union, affiliated with the American Feder- ation of Labor, is a labor organization admitting to membership employees of the Company. III. THE ALLEGED QUESTION CONCERNING REPRESENTATION The Company has refused the CIO's request that it be recognized as the bargaining representative for the Company's employees because of a presently existing, unexpired contract with the AFL. Bargaining relations between the AFL and the Company began on June 11, 1941, when the parties executed a contract for a 2-year period to expire on June 30, 1943. Shortly before the expiration of this agreement, the parties signed a second 2-year contract to ter- minate on June 30, 1945. Thereafter, on -October 12, 1944, the CIO made its initial demand for recognition. It is this second unexpired contract which both the AFL and the Company claim is a bar to this proceeding. Since 1939, the AFL has made it an invariable, practice to enter into 2-year contracts exclusively with plastic fabricating firms which it has succeeded in organizing. At the present time, the AFL has 2-year contracts with the Plastic Products Manufacturers' Associa- tion, a trade association including within its membership 49 indi- vidual firms, and with about 20 independent fabricating companies which are not members of the association. At the time of the hearing the CIO had no contracts with any plastic fabricating firm in the metropolitan area. We are of the opinion that a collective bargaining contract for a 2-year period is one of reasonable duration, where, as here, there is 174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD both a history of bargaining on such basis, and a prevailing practice of firms in the industry to enter into collective bargaining contracts for a like period.' Since the petition of the CIO was filed subsequent to the execution of the presently existing contract which will not expire for almost 6 months, we find that no question has arisen con- cerning the representation of employees of the Company. We_ shall, therefore, dismiss the petition without prejudice to the right of the CIO to file another petition within a reasonable time prior to June 30, 1945, the date on which the present contract terminates. ORDER Upon the basis of the above findings of fact, and the entire record in the case, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of Celluplastic Corporation, Newark, New Jersey, filed by United Gas, Coke and Chemical Workers of America, C. I. 0., be,, and it hereby is, dismissed. 1 See `Matter of West Virginia Coal & Coke Corporation, 58 N. L. R. B 1; Matter of Owens-Illinois Pacific Coast Co., 36-N. L R. B. 990.