Dodge & Olcott, Inc.

In the Matter of DODGE & OLCOTT, IN c., EMPLOYER and OIL WORKERS INTERNATIONAL UNION, C. I. 0.,1 PETITIONER Case 111o. 2-R-7675.Decided January 13, 1948 Messrs. L. E. Rena and A. E. Monetti, of New York City, for the Employer. Mr. Lindsey P. Walden, of Fort Worth, Tex., and Mr. William R. Neilson, of New York City, for the Petitioner. Messrs. Francis Boyle, Domiinick Penico, and Robert J. Di Meolo, of Bayonne, N. J., for the Association. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at New York City on August 4, 1947, before Sidney Reitman, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. TI{E BUSINESS OF TIIE EMPLOYER Dodge & Olcott, Inc., a Delaware corporation whose only plant is located in Bayonne, New Jersey, is engaged in the manufacture, sale, and distribution of oils, drugs, chemicals, and insecticides. The Em- ployer is a subsidiary of U. S. Industrial Chemicals, Inc. During the year preceding the date of the hearing, the Employer purchased more than $1,000,000 worth of raw materials, of which approximately 90 percent was obtained from points outside the State of New Jersey. During the same period, the Employer sold more than $1,000,000 worth of finished products, of which approximately 90 percent was shipped to out-of-State customers. "The present petition was filed by Oil Workers International Union, C. I O, Local 406. At the hearing the Petitioner moved to amend the petition by striking the words, Local 406. The Emplovei objected to the motion The Trial Examiner resetved ruling on this motion for the Board We find no meat to the objection and shall grant the motion of the Petitioner 75 N L R B, No 95 781 782 DECISIONS OP NATIONAL LABOR RELATIONS BOARD The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization, affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer 2 III. THE QUESTION CONCERNING REPRESENTATION Since 1939, the Association represented the Employer's employees in their dealings with the Employer. On January 1, 1947, the Em- ployer and the Association executed a contract entitled "Working Con- ditions" which, inter alia, dealt with wages, hours, vacations, and seniority. The contract contained no terminal date except for the provisions relating to wages which were to be effective until January 1, 1948. Amendments to this contract, changing the wage rates for certain employees, were executed on March 20, 1947, and on April 11, 1947. On June 10, 1947, the Association notified the Employer by letter that it was terminating the agreement between them as of that day, adding that since "there is no termination date on this agreement we feel it can be terminated at anytime." On June 11, 1947, the As- sociation again wrote the Employer, stating that "at a regular meet-. ing of the Dodge & Olcott Employees Association held on May 16, 1947, the Employees through regular motion, made and seconded and passed unanimously that the Employees' Association disband." Both this letter and the one sent the preceding day were signed by the offi- cers of the Association. Thereafter the Association posted notices in the plant to the effect that no meetings of the Association would be held until further notice. On June 10, 1947, the Petitioner filed the petition herein. The Employer contends that its contract with the Association is a bar to this proceeding. We find no merit to this claim. The contract is no longer in effect, having been terminated on June 10 by the As- sociation. Moreover, it seems clear the Association itself is now defunct.3 2 The parties stipulated that Dodge & Olcott Employees Association, herein called the. Association, was a labor organization within the meaning of the Act As indicated in Section III, however, this organization is now defunct 'The Employer 's contention that the Association is still in existence is clearly lacking in merit The last president of the Association testified, without contradiction, that the membership of the Association voted to disband on May 16, 1647, and that thereafter no further meetings were held The Employer vvaa moreover, notified of this action on June 11, in a letter signed by all the officers of the Association DODGE & OLCOTT, INC. 783 We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Petitioner seeks a unit composed of all the production and main- tenance employees of the Employer, excluding all supervisors, fore- men, watchmen, office and clerical employees, professional employees, chemists first, second, and third class, and laboratory assistants. The Employer takes no position with regard to the unit. We find that all the production and maintenance employees of the Employer, excluding all supervisors, foremen, watchmen, office and clerical employees, professional employees, chemists first, second, and third class, and laboratory assistants, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Dodge & Olcott, Inc., Bayonne, 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 Direc- tor for the Second Region, and subject to Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regulations-Series 5, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately pre- ceding the date of this Direction, including employees who did not wprk during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election, to determine whether or not they desire to be represented by Oil Workers International Union, C. I. 0., for the purposes of collective bargaining. 0