Lederle Laboratories, Inc.

In the Matter of LEDERLE LABORATORIES, INC and INDEPENDENT EM- PLOYEES' UNION OF LEDERLE LABORATORIES, INC Case No. R-3916 -Decided July 11, 1942 Jurisdiction pharmaceutical and biological pioducts manufactuimg industry Investigation and Certification of Representatives : existence of question. re- fusal to accoicl petitioner iecognition, election necessary Unit Appropriate for Collective Bargaining employees of Company at its Pearl River and New City plants, excluding supervisory employees, weekly or monthly paid clerical employees, the pharmaceutical watchmen in the pharmaceutical manufacturing and tabletrng clepantment, janitor custodians in the janitor de- partment, and emplo3 ees in specifically named departments, in accordance with .igieeinent of pasties, held to constitute an appiopriate unit, all technicians, whom Company desired to exclude, were excluded although unions would have excluded only those engaged primarily in research work or primarily in work of a supervisory nature, in view of the absence of a basis for distinguishing supervisory technicians from production technicians and since technicians were a highly skilled group of employees Mr. Henry C. Little, of New Yolk City, for the Company. Mr Emil Wulster, of Hackensack, N J , for the Independent Mr. Alfred Kamin, of Washington, D. C., for the U. M. W. Mr. John Braun, of Albany, N. Y., and Mr. Alexander Marks, of New York City, for the A F. of L. Mr. Robert E. Tillman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Independent Employees ' Union of Lederle Laboratories , Inc., herein called the Independent , alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Ledei le Laboratories , Inc , New York City, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George Turitz, Trial Examiner Said hearing was held at Spring Valley, New York, on June 1, 1942 The Company; the Independent ; District 50, United Mine Workers of America, herein called the U. M W ; and Chemical and Biological Workers Union, Local No 23141, affiliated with the 42 N L It B, No 77 472814-42-\ of 42-21 321 322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A. F. of L , herein called the A F of L, appeared, participated, and were afforded full opportunity to be heard, to examine and cross-ex- amine 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. Upon the entu e record in the case, the Boaid makes the following : FINDINGS OF FACT I THE BUSINESS OF THE COMPANY Lederle Laboratories, Inc , a Delaware corporation, is one of several subsidiaries of American Cyanamid Company, a Maine corporation engaged in the business of manufacturing and selling chemicals and chemical products. The Company maintains its principal office in New York City and operates its principal manufacturing plant at Pearl River, New York, where it is engaged in the manufacture, sale, and distribution of pharmaceutical and biological products which are used in both the human and veterinary fields It is this Pearl River plant which is involved in this proceeding. Raw materials for use at the Pearl River plant exceed annually $100,000 in value, of which more than 50 percent is obtained from sources outside the State of New York During 1940, the Company sold products of a,value in excess of $1,000,000. Over 50 percent of the dollar value of products pro- duced at the Pearl River plant in 1941 was shipped to points outside the State-of New York. II. THE ORGANIZATIONS INVOLVED Independent Employees' Union of Lederle Laboratories, Inc, is an unaffiliated labor organization admitting to membership employees of the Company. District 50, United Mine Workers of America, is a labor organiza- tioil admitting to membership employees of the Company. Chemical and Biological Workers Union, Local No. 23141, is a labor organization- affiliated _ with the American Federation of Labor. It admits to membership employees of the Company. _ III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that a question affecting commerce had arisen concerning the representation of the Company's employees, in that, following a request for recognition made by the Independent on De- cember 17,1941, the Company refused to recognize the Independent as the exclusive bargaining representative of the Company's employees. LEDERLE LABORATORIES, INC. 323 A statement of the Regional Director, introduced in evidence at the hearing, indicates that the Independent, the U M. W, and the A, F. of L. each represents a substantial number of employees in the unit hereinafter found appropriate 1 - 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT The three unions stipulated to a unit of all employees of the Com- pany at the Pearl River and New City plants, excluding supervisory employees, technicians who are engaged primarily in research work or primarily in work of a supervisory ntture,2 weekly or monthly paid clerical employees, the pharmaceutical watchmen in the pharmaceuti- cal manufacturing and tableting department (Dept. No._60), janitor custodians in the janitor department (Dept. No. 131), and all the employees in the following departments : office, veterinary general (Dept. No 40) ; literature composition (Dept. No. 76) ; production control (Dept. No. 77) ; library (Dept. No 80) ; property protection (Dept. No. 124) ; engineering (Dept. No. 125) ; maintenance general other than janitress (Dept. Nc,. 130) ; development engineering (Dept. No. 149) ; general office (Dept. No 150) ; accounting (Dept. No. 151) ; purchasing (Dept. No. 152) ; personnel (Dept. No. 153) ; and first aid (Dept. No. 154). The Company agreed to the above unit with the exception that it contended that all technicians should be excluded from the unit and not only those engaged primarily in research work or work of a supervisory nature, inasmuch as all technicians are highly skilled, perform supervisory functions, and are closely related to management. There are 107 laboratory employees classified as technicians. The unions suggested that these technicians fall into 4 categories, namely, iThe Regional Dhector stated that the Independent submitted to him 727 applications for membership cards, all bearing apparently genuine, original signatures , that 3 of the cards were dated in November 1941, 706 in December 1941, and 18, in January 1942, and that 671 of the signatures were names of persons whose names appeared on the Company's pay roll for December 20, 1941, which listed approximately 1,118 employees in the unit hereinafter found appropriate The Regional Director stated that the U M W submitted 206 applications for member- ship cards , all bearing apparently genuine, original signatures , that 60 of the cards were dated in October 1941 , and 146 between November 1, 1941, and December 4, 1941, and that 177 of the signatures weie names of persons listed on the afore-mentioned pay roll The Regional Director stated further that the A F of L submitted 288 applications for membership cards, all bearing apparently genuine, original signatures , that all the cards were dated between Apiii 15, 1942, and May 6, 1942 , and that 203 of the signatures were names of persons listed on the afore-mentioned pay roll 2 The unions stipulated that the unit should include technicians who are engaged primarily in testing work or primarily in work that yields quantities of products in one or more of its stages of production 324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD supervision, research, testing, and production, and that only the super- visory and research technicians should be excluded from the unit. Although the paities stipulated that all technicians on the pay roll introduced into evidence fall generally into the 4 classifications sug- gested by the unions, authoritative witnesses foi the Company denied that there is any clear-cut differentiation among technicians, claiming rather that many of-the techincians combine functions attributable to 2 or more of the suggested categoi ies It was admitted that some technicians did only testing and that others psi foimed only research, but it was asseited that none were engaged solely in supervision or in pi oduction. Technicians aie more highly skilled than other laboiatoiy employees, some by season of more experience, othei s as a i exult of college traur- ing Because of theii additional skills, technicians exercise powers of direction over one to three laboiatoiy employees who fiequeiitly work with them In accoidance with their skills, technicians ate higher paid than other laboratory employees, and axe on a salary basis as con- tiasted to the lattet's houily basis \' acation policies at the plant differ for those paid wages and those who ieceive salaries All technicians, together, might constitute an appropriate bargain- ing unit, but the record does not disclose any basis for diffeientiating so-called supervisory technicians from pioduction and testing tech- nicians. Under the ciicumstances, we find that all the technicians should be excluded from the appropiiate unit We find that all employees of the Company at the Peail River and New City plants, excluding supervisory employees,3 techiiiciitns, weekly or monthly paid clerical employees, the pharmaceutical watchmen in the pharmaceutical manufacturing and tableting department (Dept No. 60), janitor custodians in the janitor department (Dept No 131), and all the employees in the following depai tments office, vetei rear y general (Dept No 40), literatui e composition (Dept No 76), pro- duction control (Dept No 77), libi ai y (Dept No 80), property pro- tection (Dept No., 124) ; engineering (Dept No 125) ; maintenance general other than janitiess (Dept No 130) ; development engineering (Dept. No. 149) ; general office (Dept No 150) , accounting (Dept No 151) ; purchasing (Dept No 152) ; personnel (Dept No 153) ; and first aid (Dept No 154), 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 queation concerning representation which has arisen be resolved by means of an election by secret ballot among 8 The parties stipul tted that `super isoi y eniplo, ees ' refers to those employees designated on the pay roll as supei `isots, assistant supeivisois, department heads, assistant dep2rt- ment heads, and geneial inspectors LEDERLE LABORATORIES, INC 325 the employees in the appropriate unit who were employed during the pay-ioll period immediately piecedi ng the date of our Direction of Election, subject to the limitations and additions set forth therein. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Boaid by Section 9 (c) of the National Labor Relations Act, 49 Stat 449, and pursuant to Aiticle III, Section 8, of National Labor Relations Board Rules and Regulations-Seiies'2, as amended, it is heieby DIRECTED that, as pait of the investigation to asceitam representa- tives for the puiposes of collective bargaining with Lederle Labora- tories, Inc, New York City, an election by secret ballot shall be con- ducted as eaily as>possible, but not later than thirty (30) days from the date of this Direction of Election, under the direction and super- vision of the Regional Diiector for the Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to article III, Section 9, of said Rules and Regulations, among all employees of the Company in the unit found appropriate in Section IV, above, who were employed duiing the pay-roll period immediately pieceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding those employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Independent Employees' Union of Lederle Labora- tories, Inc , or by District 50, United Mine Woikei s of Amei ica, or by Chemical and Biological Workers' Union Local No. 23141, affiliated with the A F of L, for the purposes of collective bargaining, or by none. In the Matter of LEDERLE LABORATORIES, INO and INDEPENDENT EMPLOYEES' UNION OF LEDERLE LABORATORIES, INO. Case No. R-3916 AMENDMENT TO DIRECTION OF ELECTION, July 28,1942 On July 11, 1912, the National Labor Relations Board, issued a Decision and Direction of Election in the above-entitled proceeding., In the election directed therein, the Board placed upon the ballot the names of Independent Employees' Union, of Lederle Laboratories, Inc., District 50, United Mine Workei s of America, herein called the U M. W.; and Chemical and Biological Workers' Union, Local No. 23141, affiliated with the A F of L. On July 23, 1942, the U. M. W. notified the Regional Director for the Second Region that it desired that its name be withdrawn from the ballot. 11 The Board accordingly hereby amends,the aforesaid Direction, of Election by striking therefrom the words "whether they desire to be represented by Independent Employees' Union of, Lederle Labora- tories, Inc:,,or by District 50. United Mine Workers of America, or by Chemical and Biological Workers' Union, Local No. 23141, affili-, ated with the A F of L , for the purposes of collective bargaining,, or by none," and substituting therefor the words "whether they desire to be represented by Independent Employees' Union of Lederle Lab- oratories, Inc, or by Chemical and Biological Workers" Union, Local No. 23141, affiliated with the A. F. of L., for the purposes of collective bargaining, or by neither." MR. GERARD D. REILLY took no part in the consideration of the above Amendment to Direction of Election. 1 42 N L R B 321 42 N L R B, No 77a 326 In the Matter of LEDERLE LABORATORIES, INC an INDEPENDENT EM- PLOYEES' UNION OF LEDERLE LABORATORIES, INC. Case No. R-3916 CERTIFICATION OF REPRESENTATIVES August 11, 1942 On July 11, 1942, the National Labor Relations -Board issued a Decision and Direction of Election in the above-entitled proceeding,' and on July 28, 1942, an Amendment to Direction of Election 2 Pur- suant to the Direction-of Election, as amended, an election by secret ballot was conducted on July 30, 1942, under the direction and su- pervision of the Regional Director for the Second Region (New York City) On July 31, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations=Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct of the bal- lot or to the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list----------------------------------- 1, 364 Total ballots cast________________________________________ 1,042 Total ballots challenged----------------------------------- 19 Total blank ballots_______________________________________ 0 Total void ballots----------------------------------------- 2 Total valid votes counted_________________________________ 1,021 Votes cast fog. American Fedeiation of Labor, Local 23141___ 865 Votes cast for Independent Employees ' Union' of Lederle Laboiatories, Inc--------------------------------------- 71 Votes cast for neither_____________________________________ 95 By virtue of and pursuant to the power vested in the National Labor Relations Board by-Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Chemical and Biological Workers' Union, Local No 23141, affiliated with the A. F. of L , has been desig- nated and selected by a majority of all employees of Lederle Labora- G '42N L R B 321 2 42 N L R B 328 42 N L R B, No 77b 327 328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD toi ies, Inc., at its Pearl River and New City plants, excluding super- visory employees, technicians, weekly of monthly paid clerical em- ployees, the pharmaceutical watchmen in the pharmaceutical manu- factuiing and tableting department (Dept No. 60), janitor custodians in the janitor department (Dept No 131), and all the employees in the following depaitments office, vetermaiy general (Dept No 40); literature composition (Dept No. 76) ; production control (Dept. No. 77), library (Dept No 80) ; piopeity piotection (Dept No. 124) , engineeiing (Dept No. 125), maintenance general other than jani- tress (Dept No 130) ; development engineering (Dept No. 149) ; general office (Dept No 150) ; accounting (Dept No. 151) ; purchas- ing (Dept. No. 152) ; personnel (Dept No 153) ; and first aid (Dept. No 154), as their iepresentative for the purposes of collective bar- gaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Chemical and Biological Workeis' Union, Local No. 23141, affiliated with the A. F of L , is the exclusive representative of all such employees for the purposes of collective bargaining in re- spect to iates of pay, wages, hours of employment, and other condi- tions of employment.