Crown Products Co.

In the Matter of CROWN PRODUCTS COMPANY and UNITED RUBBER WORKERS OF AMERICA, CIO Case No.17-R-1067.Decided April 20,1945 Kennedy, Holland, Delacy c Svoboda, by Mr. Ralph Svoboda, of Omaha, Nebr., for the Company. Messrs. Frederick W. Knight and Frank Cronin, both of Omaha, Nebr., for the C. I. O. Messrs. Roy Zorn and 0. H. Stoughton, both of Omaha, Nebr., for the A. F. L. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Rubber Workers of America, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Crown Products Company, Ralston, Nebraska, herein called the Com- pany, the National Labor Relations Board provided for an appropriate hearing upon due notice before Margaret L. Fassig, Trial Examiner. Said hearing was held at Omaha, Nebraska, on March 9, 1945. The Company, the C. I. 0., and Federal Labor Union #23021 of the American Federation of Labor, herein called the A. F. L., appeared, participated, and were afforded full opportunity to be heard, to ex- amine 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. On April 3, 1945, the Company requested oral argument before the Board. This re- quest is hereby denied. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Crown Products Company, a Nebraska corporation with its prin- cipal office and place of business located at Ralston, Nebraska, is en- 61 N^L. R. B., No. 99. 645 646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gaged in the manufacture of automobile motor rubber items,, and hose and belts. During the last 6 months of the calendar year 1944, the value of the raw materials used by the Company in its operations was $119,708.31, more than 50 percent of which was received from outside the State of Nebraska. During the same period, the volume of the Company's sales amounted to $227,072.76, a substantial portion of which was shipped to points outside the State of Nebraska. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Rubber Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. Federal Labor Union #23021 is a labor organization affiliated with the American Federation of Labor, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION By letter dated January 22, 1945, the C. I. O. requested recognition from the Company as the collective bargaining representative of cer- tain of its eihlployees. The Company replied to this request by letter dated February 1, 1945, in which it asserted, in effect, that its contract with the A. F. L. barred such recognition. The record indicates that on or about March 1, 1942, the Company and the A. F. L. executed a closed-shop agreement which provided that it was to take effect as of the first day of March 1942, and to continue until March 1, 1943, and from year to year thereafter unless either party shall notify the other in writing not less than thirty days of any expiration of its desire to amend or cancel this agreement." This con- tract renewed itself in 1943 and in 1944. However, since the C. I. O. served notice of its claim upon the Company prior to the 1945 effective date of the contract's automatic renewal clause, we find that said con- tract does not constitute a bar to a current determination of repre- sentatives.' A statement of a Board Field Examiner, introduced into evidence at the hearing, indicates that the C. I. O represents a substantial number of employees in the unit hereinafter found appropriate.2 I Matter of Swift & Company , 59 N L R B 1417 8 The Field Examiner reported that the C I 0 submitted 26 membership application cards and that there were approximately 85 employees in the unit hereinafter found appro- priate. Contrary to the Company' s position , this showing is substantial, particularly in view of the closed-shop provision of the collective bargaining agreement between the Company and the A F. L. See Matter of Superior Coach Corporation, 49 N. L. R. B 875. The A. F L relies upon its contract for the establishment of its interest in this proceeding. CROWN PRODUCTS COMPANY 647 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 Substantially in accordance with the agreement of the parties, we find that all production and maintenance workers of the Company, in- cluding watchmen, but excluding office and clerical workers, executives, superintendents, assistant superintendents, 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 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 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 Crown Products Company, Ralston, Nebraska, 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 Seventeenth 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 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 648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by United Rubber Workers of America, CIO, or by Federal Labor Union #23021 of the American Federation of Labor, for the purposes of collective bargaining, or by neither. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.