Johns-Manville Corp.

In the Matter Of JOHNS-MANVILLE CORPORATION AND JOHNS-MANVILLE SALES CORPORATION and HQME INSULATOR'S UNION LOCAL No. 1 Case No. 2-R-4840.Decidet1 March 26, 1945 Mr. Arthur L. Fisk, Jr., of New York City, for the Company. Mr. Kenneth Jacobus, of Union, N. J., for the Independent. Mr. Thomas L. Parsonnet, of Newark, N. J., for the AFL. Mr. Sidney Grossman, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon an amended petition duly filed by Home Insulator's Union Local No. 1, herein called the Independent, alleging that a question affecting commerce had arisen concerning the, representation of em- ployees of Johns-Manville Corporation,' Manville, New Jersey, and Johns-Manville Sales Corporation, Summit, New Jersey, herein called the Companies, the National Labor Relations Board provided for an appropriate hearing upon due notice before Jerome I. Macht, Trial Examiner. Said hearing was held at Newark, New Jersey, on January 23 and 24, 1945. The Company, the Independent, and Local 32-B, International Association of Heat and Frost Insulators and Asbestos Workers, affiliated with the American Federation of Labor, herein called the AFL, appeared and participated. 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 reserved ruling upon motions of the AFL to dismiss the petition herein, on the grounds that Johns-Manville Corporation is not an employer of the employees here involved, and that Johns-Manville Sales Corpora- tion is not engaged in commerce within the meaning of the Act. For the reasons set forth in Section I, infra, the motions are hereby granted. The Trial Examiner's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. ' At the hearing the naive of Johns-Manville Corporation was corrected as designated above. 61 N. L. R B. No. 1. 1 2 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 Johns-Manville Sales Corporation, a Delaware corporation, is en- gaged, as a wholly owned subsidiary of Johns-Manville Corporation, in distributing Manville products throughout the country. This pro- ceeding is concerned with the Summit, New Jersey, branch of the Sales Corporation which, as part of its home insulation division, is engaged in insulating buildings. The Summit branch secures nearly all of its materials, consisting principally of rock wool, from the Manville, New Jersey, plant of the parent' Corporation. During the years 1943 and 1944, the total value of materials so obtained for rock wool insulations by the Summit branch was in excess of $750,000 annually, of which' approximately 95 per cent involved the insulation of residential build- ings in New Jersey and the balance represented insulations in adjacent areas in the State of New York and on ships located principally in New Jersey harbors. It is apparent, as the record discloses, that the opera- tions at the Summit branch of the Sales Corporation, as above de- scribed, are part of the building and construction industry, one, over which the Board does not customarily assert jurisdiction. While the evidence clearly establishes the fact that the Sales Corporation is within the purview of the Act, we are of the opinion that the policies of the Act will not be effectuated by the assumption of jurisdiction in this case.2 We shall therefore dismiss the petition in its entirety. ORDER Upon the basis of the foregoing 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 filed by Home Insulator's Union Local No. 1, be, and it hereby is, dismissed. 2 Matter of Brown & Root, et al., 51 N. L R. B. 820; Matter of Brown Shipbuilding Com- pany, 57 N. L. R. B. 326.