The Paraffine Co. Inc.

In the Matter of THE PARAFFINE COMPANIES INC. and INTERNATIONAL LONGSHOREMEN'S & WAREHOUSEMEN'S UNION, LOCAL 1-6 In the Matter of THE PARAFFINE COMPANIES INC. and WOODWORKER'S UNION, LOCAL No. 263, UNITED. FURNITURE WORKERS OF AMERICA, C.I.O. Cases Nos. R-1921 and R-1922-Decided July 22,1940 Jurisdiction : floor coverings and building materials manufacturing industry Investigation and Certification of Representatives : existence of questions • con- flicting claims of rival representatives; employer refuses to accord full recog- nition to petitioning unions ; elections necessary. Where employer closed a whole department but stated its desire to reopen, with same personnel, after question concerning representation is settled, employees in department on day before it was closed held to constitute list of those eligible to vote in election Unit Appropriate for Collective Bargaining : (1) employees in the Box Depart- ment of the Company, excluding the foreman ; (2) production employees engaged in the various operations in the Felt Mill and Roofing Department of the Com- pany, including the slate department, machine operations, wrapping, capping, sample, and tape-room work in the roofing department, and including the ma- chine room, felt storage, rewinding. and rag- and beater-ioom work in the Celt mill, and those maintenance employees whose duties are confined exclusively to the felt mill. Mr. Earle K. Shawe, for the Board. Brobeck,Phleger& Harrison,, of San. Francisco, Calif., by Mr: Moses Lasky, for the respondent. Gladstein, Grossman, Margolis, ct Sawyer, of San Francisco Calif., by Mr. Richard Gladstein, for Local 1-6 and Local 263. Mr. Ralph Coffey, of Oakland, Calif., and Mr. E. B. Lambton, of Albany, N. Y., for Local No. 335. . Mr. Charles J. Janigian, of San Francisco, Calif., for Local 1137. Mr. Edward Scheunemann, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On June 7, 1940, International Longshoremen's and Warehousemen's Union, Local 1-6, herein called Local 1-6, filed with the Regional 25 N. L R. B., No. 84. 752 THE P EAFFINE COIOPANIES, INC. 753 Director for the Twentieth Region (Si aFrancisco; California), a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees in the Felt Mill and Roofing Department of the Emeryville Plant of The Paraffine Companies, Inc., San Francisco, California, herein called the Company. On June 15, 1940, Woodworker's Union, Local No. 263, United Furniture Workers of America, C. I. O., herein called Local 263, filed a , petition with the Regional Director alleging that a question had arisen concerning the representation of employees in the Box Department of the Com- pany. Both petitions requested an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Re- lations Act, 49 Stat. 449, herein called the Act. On June 18, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Sections 3, 10 (c) (2), of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation, author- ized the Regional Director to conduct it and to provide for an appro- priate hearing upon due notice, and ordered further that the cases be consolidated. On June 19, 1938, the Regional Director issued a notice of consoli- dated hearing, copies of which were duly served upon the Company, Local 1-6, and Local 263, and upon International Brotherhood of Papermakers, Bay Ridge Local No. 335, herein called Local 335, and United Brotherhood of Carpenters and Joiners of America, Box Makers Local 1137, herein called Local 1137, labor organizations claim- ing to represent employees directly affected by the investigation. Pursuant to the notice, a hearing was held on June 26 and 27, 1940, at San Francisco, California, before Charles E. Persons, the Trial Examiner duly designated by the Board. The Board, the Company, Local 1-6, Local 263, Local 335, and Local 1137 were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues was afforded all parties. During the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FIN DINGS OF FACT I. THE BUSINESS OF THE COMPANY The Paraffine Companies Inc., a Delaware corporation , with its principal office at San Francisco, California, is engaged in the manu- facture and sale of linoleum, floor coverings, paints, roofings, and 754 DECISIONS OF NATIONAL LABOR RELATIONS BOARD building materials, at Emeryville, California. During the year ending June 30, 1939, the Company purchased materials valued at approxi- mately $4,000,000 for use in its plant at Emeryville, California, and obtained approximately 39 per cent in value of such products outside the State of California. During the same period the Company sold finished products from its Emeryville plant, valued at approximately $12,000,000, and shipped approximately 60 per cent in value of such products outside the State of California. The Company admits that it is engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. II. THE ORGANIZATIONS INVOLVED International Longshoremen's and Warehousemen's Union, Local 1-6, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees in the Felt Mill and Roofing Department of the Company. Woodworker's Union, Local No. 263, United Furniture Workers of America. is a labor organization affiliated with the Congress of Indus- trial Organizations. It admits to membership employees in the Com- pany's Box Department. International Brotherhood of Papermakers. Bay Ridge Local No. 335, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees in the Company's Felt Mill and Roofing Department. United Brotherhood of Carpenters and Joiners of America, Box Makers Local 1137, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees in the Company's Box Department. TIT. THE QUESTIONS CONCERNING REPRESENTATION Local 1137 organized the employees in the Coiaipany's Box Depart- ment in 1937. In that year, the Company and Local 1137 entered into a closed-shop contract, covering the employees in the Box Department. On June 31, 1938, the parties entered into a similar contract, which by its terms was to run from year to year unless notice of intention to change, modify, or cancel was given by one of the parties at least 60 days prior t o the expiration date. No such notice was given prior to the expiration date, June 30, 1939, and the contract remained in force and effect until June 30, 1940. On March 13, 1940, the members of Local 1137 employed by the Company, notified the Company that they had changed their affiliation from Local 1137 to Local 263 and requested the respondent to recognize and bargain.with Local 263 under the terms of the contract with Local 1137. On April 29, 1940, the same employees notified the Company of their intention to cancel the existing contract at its expiration date. THE PARAFFINE COMPANIES, INC. 755 On April •30, 1940, the Company notified Local 1137 of its intention to cancel the contract on June 30, 1940. On May 3, 1940, Local 1137 informed the Company that it considered the contract to be still in effect and requested the Company to employ only members of Local 1137 in accordance with the contract. On May 23, 1940, the Company closed its Box Department and notified its employees in that depart- ment that their employment was terminated. Those employees have since been employed in other departments of the Company. Local 1137 contends that since there were no persons employed in the Box Department at the time of the hearing, no question concerning representation existed. The Company stated at the hearing, how- ever, that it desires to reopen its Box Department as soon as the dispute concerning the representation of its employees in that depart- ment is settled. We find that a question has arisen concerning the representation of the employees in the Box Department of the Company. Local 335 organized the employees in the Company's Felt Mill and Roofing Department in 1937. Since April 20, 1937, those em- ployees have been covered by closed-shop contracts between the Com- pany and Local 335. The contract in effect at the time of the hearing provided that it should remain in full force and effect up to and including June 30, 1940, and should be considered renewed from year to year unless notice was given by one of the parties of intention to 'change, modify, or cancel, at least 60 days prior to the expiration date. On March 8, 1940, 'Local 335 voted to negotiate a new contract for the coming year. On April 29, 1940, Local 335 notified the Company of its intention to cancel the existing agreement. On May 2, 1940, a majority of the members of Local 335 voted to change their affiliation from Local 335 to Local 1-6. On May 13, 1940, Local 1-6 requested the Company to negotiate a new collective bargaining agreement. On May 28, 1940, Local 335 notified the Com- pany of its desire to negotiate a new agreement and contended ,that it had the only legal right to represent the employees in the Felt Mill and Roofing Department. On June 3, 1940, the Company notified, Local 1-6 and Local 335 that it will negotiate after their conflicting claims are settled. We find that a question has arisen concerning the representation of the employees in the Company's Felt Mill and Roofing Department. Iv. TILE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I above, have a close, intimate, and substantial 756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD / relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes biii dennig and obstructing commerce and the free flow of commerce. V. THE API ROI'RLATE UxITS Local 263, Local 1137, and the Company are agreed, and we find, that the employees in the Box Department of the Company, exclud- ing the foreman, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. Local 1-6, Local 335, and the Company are agreed, and, we find, that all the production employees engaged in the various operations in the Felt Mill and Roofing Department of the Company, including the slate department, machine operations, wrapping, capping, sam- ple, and tape-room work in the roofing department, and including the machine room, felt storage, rewinding, and rag- and beater-room work in the felt mill, and such maintenance employees whose duties are confined exclusively to the felt mill, but excluding maintenance em- ployees who work in departments other than the felt mill, clerical and actual supervisory employees with the rank 1 of supervisory fore- man or above, constitute, a unit appropriate for the purposes of col- lective bargaining and that said unit will insure to the employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the questions which have arisen concerning representa- tion can best be resolved by the holding of elections by secret ballot. We shall accordingly direct elections among the employees in the units which we have found to be appropriate. Local 1137 stated at the hearing that it was uncertain whether it desired to be placed on -the ballot in the event of an election. We shall, accordingly, with- draw from the ballot the name of Local 1137 if within 5 days after the receipt of this Decision and Direction of Election it notifies the Regional Director for the Twentieth Region that it desires such withdrawal. The Company stated at the hearing that it desires to reemploy in the Box Department, when it reopens, the employees who had previ- i The parties agreed on the record that the word "rank" as used in the stipulation refers to the nature of the duties of the employee and not to the title given him by the Company. THE PARAFFINE COMPANIES, INC. 757 ously been employed therein. Consequently, we shall direct that the employees in the appropriate unit who were employed in the Box Department on May 23, 1940, when the Box Department closed, shall be eligible to vote in the election. In accordance with our usual practice, we shall direct that eligibility to vote in the election among the employees in the Felt Mill and Roofing Department be determined with reference to the pay-roll period immediately preceding the date of this Direction of Elections. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following CONCLUSIONS OF LAW 1. Questions affecting commerce have, arisen concerning the rep- resentation of employees of The Paraffine Companies, Inc., San Francisco, California, within the meaning of Section 9 (c) and Sec- tion 2 (6) and (7) of the Act. 2. The employees in the Box Department of the Company exclud- ing the foreman, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 3. The production employees engaged in the various operations in the Felt Mill and Roofing Department of the Company, including the slate department, machine operations, wrapping, capping, sample, and tape-room work in the roofing department, and including the machine room, felt storage, rewinding, and rag- and beater-room work in the felt mill, and those maintenance employees whose duties are confined exclusively to the felt mill, but excluding maintenance employees who work in departments other than the felt mill, clerical and actual supervisory employees with the rank of supervisory fore- man or. above, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTIONS 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIIECTFD that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with The Paraffine Companies, Inc., San Francisco, Cali- fornia. elections by secret ballot shall be conducted as early as pos- sible but not later than thirty (30) clays from the date of this Direc- 2S'10' (;-42-vol 2.5-41) 758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tion of Elections, under the direction and supervision of the Regional Director for the Twentieth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Sec- tion 9, of said Rules and Regulations: 1. Among the employees in the Box Department of the Com- pany who were employed on May 23, 1940, including employees who did not work on that day because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding the foreman and employees who have since quit or been discharged for cause , to determine whether they desire to be rep- resented by Woodworker's Union, Local No. 263, United Furniture Workers of America, C. I. 0., or by United Brotherhood of Car- penters and Joiners of America, Box Makers Local 1137, for the purposes of collective bargaining, or by neither; 2. Among the production employees employed by the Company during the pay-roll period immediately preceding the date of this Direction of Elections in the various operations in the Felt Mill and Roofing Department including the slate department, machine operations, wrapping, capping, sample, and tape-room work in the roofing department, and including the machine room, felt stor- age, rewinding, and rag- and beater-room work in the felt mill, and such maintenance employees whose duties are confined exclusively to the felt mill, including such employees who did not work during such pay-roll period because they were ill or on vacation , and such em- ployees who were then or have since been temporarily laid off, but excluding maintenance employees who work in departments other than the felt mill, clerical and actual supervisory employees with the rank of supervisory foreman or above and any employees who have since quit or been discharged for cause , to determine whether they desire to be represented by International Longshoremen's and Warehousemen's Union, Local 1-6, or by International Brotherhood of Papermakers, Bay Ridge Local No. 335 , for the purposes of col- lective bargaining, or by neither. MR. WILLIAM M. LEisEiisori took no part- in the consideration of the above Decision and Direction of Elections.