Raybestos-Manhattan, Inc.

In the Matter Of MANHATTAN RUBBER MANUFACTURING DivISION OF RAYBESTOS-MANHATTAN, INC., EMPLOYER-and UNITED RUBBER, CORK, LINOLEUM AND PLASTIC WORKERS OF AMERICA, CIO, PETITIONER Case No. 0,R-6894.-Decided November 14, 1946 Bailey c0 Schenck, by Mr. George B. Bailey, of Newark, N. J., for the Employer. Rothbard, Harris cl; Orefeld, by Messrs. Samuel Rosenthal and Samuel L. Rothbard, of Newark, N. J., for the Petitioner. Messrs. Irving L. Werksman and Arthur Kane, of Passaic, N. J., for the Independent. Mr. Joseph J. McEntee, of Newark, N. J., and Mr. Joseph Pacsi, of Clifton, N. J., for the I. A. M. Mr. Melvin J. Weller, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Passaic, New Jersey, on September 13 and 30, 1946, before William T. Little and Daniel Baker, hearing officers. The hearing officers' 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 Manhattan Rubber Manufacturing Division of Raybestos-Man- hattan, Inc., is a New Jersey corportion, having its principal office and place of business in Passaic, New Jersey. It is engaged in the and sale of asbestos, rubber, and general manufacture, distribution,' loom products. During the year ending August 31, 1946, the Em- ployer purchased raw materials valued in excess of $1,000,000, of which approximately 90 percent was shipped to it from points out- side the State of New Jersey. During the same period the Employer manufactured finished products valued in excess of $1,000,000, of 71 N. L R. B.. No 107. 673 674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD which more than 90 percent was shipped to points outside the State of New Jersey. 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 Employer. Manhattan Rubber Workers Independent Union, herein called the Independent, is an unaffiliated labor organization, claiming to repre- sent employees of the Employer. International Association of Machinists, Lodge 1679, herein called the I. A. M., is a labor organization, 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. At the time the Petitioner requested recognition there was in effect a 2-year maintenance of membership contract between the Independent and the Employer which was to expire August 7, 1946, and which con- tained a 30-day automatic renewal clause. The parties to the contract, however, had commenced negotiations for a new agreement before the' effective date of the automatic renewal clause. There is, therefore, no bar to a present determination of representatives. 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 The Petitioner and the Independent agree that the appropriate unit should consist of all production workers, shipping and receiving clerks, shop clerks, maintenance workers, truckmen, laboratory helpers, and group leaders, excluding machinists, machinists' helpers working in the machine shop or assigned to other departments, blacksmiths, weld- ers, stock and toolroom employees working in the machine shop, guards, office workers, executives, superintendents, department heads, supervisors, foremen, assistant foremen, and any other supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recommend such action. The I. A. M. contends, however, that the following maintenance em- ployees, who are encompassed by the unit upon which the Petitioner RAYBESTOS-MANHATTAN, INC. 675 and the Independent agreed, should be merged with those employees whom it currently represents under a collective agreement with the Employer : All electricians and electricians' helpers and trainees, all pipe fitters and pipe-fitter trainees, all sheet metal workers, all car- penters, box makers, box nailers, and millwrights including all those who work in the carpenter shop except the handyman, all painters, all masons, all riggers, and mechanics who work in the garage. The Employer, although it stated that it was obliged to remain neutral, expressed a preference that the production and maintenance unit established by previous contracts, and sought by the Petitioner and the Independent, should continue as the basis for collective bar- gaining. In February 1943, consent elections were conducted among the employees of the Employer in two separate units, a production and maintenance unit, and a unit of machinists. The Independent won the election in the production and maintenance unit and the I. A. M. won the election in the machinists' unit. In May 1943, the Employer executed a contract with the Independent covering substantially the same unit as is sought by the Petitioner and the Independent here. At about the same time, the Employer and the I. A. M. executed a contract covering machinists and other employees working in the machine shop. On May 9, 1944, the Board rejected the I. A. M.'s contention, also made here, that the maintenance workers of the Em- ployer be added to its contract unit,' establishing a grouping sub- stantially the same as that requested by the Petitioner and the In- dependent in this case. The I. A. M. seeks here to merge many crafts into one unit, rather than to establish a pure craft unit. Furthermore, the unit claimed by the I. A. M. is not even a .departmental unit; most of the main- tenance groups sought are in different departments, each of which is separately operated under the supervision of a department fore- man or superintendent. And although these departments operate under the supervision of the mechanical superintendent, the I. A. M. would exclude some employees in the various maintenance depart- ments from the unit as unskilled employees. ° We are of the opinion that there is nothing in this record suffi- ciently persuasive to impel us to change our determination of May 97 1944, and accede to the I. A. M.'s request. We find, accordingly, that all production workers, shipping and i eceiving clerks, shop clerks, maintenance workers, truckmen, lab- oratory helpers and group leaders of the Employer, excluding machinists, machinists' helpers working in the machine shop or as- 'Matter of Manhattan Rubber Manufacturing Div,sion of Ragbestos-Manhattan, Inc, 56 N. L. R. B. 398. 676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD signed to other departments, blacksmiths, welders, stock and tool- room employees working in the machine shop, guards, office worxers, executives, superintendents, department heads, supervisors, foremen, assistant foremen, and any other supervisory employees with au- thority 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 an election by secret ballot, subject to the limitations and additions set forth in the Direction. Inasmuch as the I. A. M. did not specifically indicate at the hearing that it did not wish to participate in any election directed if its unit contention were rejected, and since it made some showing among the employees in the appropriate unit, we shall accord it a place on the ballot. Should it wish to withdraw from the ballot, however, it may do so upon notice to that effect given to the Regional Director within 3 days of the date of the Decision and Direction of Election herein. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Manhattan Rubber Manufac- turing Division of Raybestos-Manhattan, Inc., Passaic. 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 Director for the Second 'tn Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, 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 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 Rubber, Cork, Linoleum and Plastic Workers of America, CIO, or by Man- hattan Rubber Workers Independent Union, or by International Asso- ciation of Machinists, Lodge 1679, for the purposes of collective bargaining, or by none.