Benolite Co.

In the Matter of BENOLITE CORPORATION and LOCAL #601, UNITED ELECTRICAL,'RADIO & MACHINE WORKERS OF AMERICA, AFFILIATED 'WITH THEE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-1972.Decided August 20, 1940 Jurisdiction : insulating varnish and compound manufacturing industry. Investigation and Certification of Representatives : existence of, question where employer refuses to accord full recognition to union; election necessary. Unit Appropriate for Collective Bargaining :, all hourly-paid production employees exclusive of supervisory employees. Mr. Charles Newell and'Mr.,E. H. Spillane, of East-Pittsburgh, Pa., for the Union. Mr. William E. Miller, of Pittsburgh, Pa., for the Company. Miss Charlotte Anschuetz, of counsel, to the Board. DECISION AND DIRECTION OF ELECTION' STATEMENT OF. THE CASE, On Jiine'17, 1940, Local'#601, United Electrical; Radio & Machine Workers'of America, affiliated with 'the Congress of Industrial Organi- zations, herein called 'the Union; 'filed with the Regional Director' for the Sixth Region (Pittsburgh-, •Pennsylvania), a petition alleging'that a question affecting commerce had arisen concerning the representation' of employees of Benolite Corporation, Manor, Pennsylvania,•,herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 22, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On July 23, 1940, the Acting Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, a hearing was held on July 31, 1940, at Pittsburgh, Pennsylvania, before Robert H. Kleeb, the Trial 26 N. L. R. B., No. 87. 844 BENOLITE CORPORATION 845 Examiner duly designated,by the Board. The Company and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. Upon, the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Benolite Corporation, a Pennsylvania corporation with its only plant at Manor, Pennsylvania, is engaged in the manufacture of insu- lating varnishes and insulating compounds. The raw and other materials used are cicoil, China wood oil, linseed oil, gums, resins, solvents, and driers; of these approximately 80 per cent are obtained from points outside the Commonwealth of Pennsylvania. Approxi- mately'15 per cent of the manufactured product is sold and shipped outside the Commonwealth of Pennsylvania. During 1939 the volume of business of this plant amounted to $202,000. The total number of employees, on June 22, 1940, was 13. 'II. THE ORGANIZATION INVOLVED Local #601, United Electrical, Radio & Machine Workers of America, is a labor organization affiliated with the Congress of Industrial Organi- zations, admitting to membership employees, of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union stated in its petition that the Company in a written statement had refused to recognize it as the exclusive representative of the Company's employees. This was not denied by the Company at the hearing. We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes, burdening and obstructing, commerce and the free flow of commerce. V. THE APPROPRIATE UNIT It was agreed upon by the parties at the hearing that the appropri- ate unit shall consist of all hourly paid production employees of the 846 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD Company, exclusive of supervisory employees . We see no reason to alter the unit as stipulated. We find that all hourly, paid production employees of the Com- pany, exclusive of supervisory employees, constitute a unit appro- priate for the purposes of collective bargaining and that such 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 There was introduced in evidence at the hearing an analysis by the Regional Director of evidence of membership submitted to him by the Union, showing that the Union represents a substantial number of employees in the appropriate unit. The Union requested certifi- cation as the exclusive bargaining representative of the employees in the appropriate unit without an election, but indicated its willingness to have an election. The Company desired an election. We find that the question which has arisen concerning representation can best be resolved by the holding of an election by secret ballot. The Company and the Union stipulated that the pay roll of June 22, 1940, which was introduced in evidence , was a satisfactory basis ,for determining eligibility of voters . Since the testimony shows that the pay roll had not changed by July 31, 1940, we see no reason to depart from the wishes of the Company and the Union . We con- strue the stipulation to include as eligible to vote those employees whose names do not appear on the pay roll as of the above date be- cause they were ill or on vacation , or temporarily laid off, and to exclude those who have since been discharged for cause, as well as those who have since quit. We shall direct accordingly. 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. A question affecting commerce has arisen concerning the repre- sentation of employees of Benolite Corporation , Manor, Pennsyl- vania, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All hourly paid production employees of the Company , exclu- sive of supervisory employees , constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- BENOLITE CORPORATION 847 tions 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 DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with Benolite Corporation, Manor, Pennsylvania, 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 of Election under the direc- tion and supervision of the Regional Director for the Sixth Region, acting in the matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all hourly paid production employees of Benolite Corpora- tion, Manor, Pennsylvania, whose names appear on the Company's pay roll of June 22, 1940, including employees who did not work during such pay-roll period because -they were ill or on vacation and employees who were then or shall since have been temporarily laid off, but excluding supervisory employees and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local #601, United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Indus- trial Organizations, for the purposes of collective bargaining.