Continental Can Co., Inc.

In the Matter of CONTINENTAL CAN COMPANY, INC., EMPLOYER and UNITED STEELWORKERS OF AMERICA, CIO, PETITIONER Case "No. 2-R--6510.-Decided August 30, 1946 Mr. W. A. Lacke, of New York City, and Mr. Gage Beemer, of Jersey City, N. J., for the Employer. - Messrs. Clarence Talisman and George Binsted, of Newark, N. J., for the Petitioner. Messrs. Steve Wilson and Frank J. Wagner, of Hoboken, N. J., for the AFL. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Jersey City, New Jersey, on July 22, 1946, before Robert Silagi, Trial Ex- aminer. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Continental Can Company, Inc., is a New York corporation, main- taining numerous factories, warehouses, and branch offices throughout the United States. This proceeding is concerned solely with the Em- ployer's No. 8 plant located in Jersey City, New Jersey. At this plant, the Employer is engaged in the manufacture and distribution of tin cans and containers. During the calendar year 1945, the Employer purchased for use at this plant, raw materials valued in excess of $500,000, of which more than 50 percent was obtained from points out- side the State of New Jersey. During the same period, the Employer manufactured and sold from this plant, finished products valued in excess of $500,000 of which more than 50 percent was shipped to points outside the State of New Jersey. 70 N. L. R. B., No. 82. 1038 CONTINENTAL CAN COMPANY, INC. 1039 The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations claiming to represent employees of the Em- ployer. General Tin & WWrax Containers Union Local No. 22229, AFL, herein called the AFL, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, substantially in accord with a stipulation of the parties, that all production and maintenance employees of the Employer, em- ployed at plant No. 8, Jersey City, New Jersey, excluding truck drivers, lithographers, guards, tool and die makers, machinists, clerical em- ployees, salaried employees, accounting department employees, and all 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. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Continental Can Company, Inc., Jersey City, New Jersey, an election by secret ballot shall be con- ducted 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 National Labor Relations Board Rules and Regulations-Series 3, as amended, among the employees in the unit 1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 in- cluding employees in the armed forces of the United 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 United Steelworkers of America, CIO, or by General Tin & Wax Containers Union, Local No. 22229, AFL, for the purposes of collective bargaining, or by neither. MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Decision and Direction of Election. i