Catalin Corp. of America

N In the Matter Of CATALIN CORPORATION OF AMERICA and CHEMICAL & OIL WORKERS UNION, LOCAL 22026, A. F. OF L. Case No. R=2029.Decided September 16, 1940 Investigation and Certification of Representatives : stipulation for certification upon consent election Mr. Shad Polier, for the Board. McLanalan, Merritt, Ingraham di Christy, of New York City, for the Company. Mr. John Volosin, of Kearny, New Jersey, for the Chemical Union. Union. Mr. John C. Stockel, of Perth Amboy, New Jersey, for the Workers Union. Mr. D. M. Byrd, Ji'.. of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On May 1, 1940, Chemical & Oil Workers Union, Local 22026, affiliated with the American Federation of Labor, herein called the Chemical Union, filed with the Regional Director for the Second Region (New York City), a petition alleging that a question affecting -,commerce had arisen concerning the representation of employees of Catalin Corporation of America, herein called the Company, en- gaged in the manufacture and sale of Catalin materials at Fords, New Jersey, 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 June 5, 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 provide for an appropriate hearing upon due notice. On July 19, 1940, the Company, the Chemical Union. 27 N. L R B., No 60 292 CATALIN CORPORATION OF 'AMERICA 293 American Workers Union, Inc., herein called the Workers Union, and the Regional Director, entered into a "STIPULATION FOR CERTIFI- CATION UPON CONSENT ELECTION." Pursuant to the stipulation, an election by secret ballot was con- ducted on July 29,"1940, under the direction and supervision of the Regional Director, among all hourly paid production employees of the Company at its plant in Fords, New Jersey, including machinists, but excluding clerical and office employees, foremen, superintendents, and other supervisors, and all other salaried employees, who were listed on the Company's pay roll for the week ending July 13, 1940, to determine whether said employees desired to be represented for the purposes of collective bargaining by the Chemical Union, or by the Workers Union, or by neither. On August 1, 1940, the Regional Director issued and duly served upon the parties an Election Report on the ballot. In the Election Report the Regional Director reported as follows concerning the balloting and its results : Total number eligible to vote__________________ -------------------------------- 206 Total number of ballots cast ________________________________ 177 Total number of valid ballots______________________________ 175 Total number of votes in favor of Chemical & Oil Workers Union, Local 22026, A. F. of L___________________________ 91 Total number of votes in favor of American Workers Union, Inc ------------------------------------------------------ 80 Total number of votes in favor of neither organization ----_-- 4 Total number of blank votes -------------------------------- 1 Total number of void ballots --------------------------------- 0 Total number of challenged votes___________________________ 1 In view of the fact that counting of the challenged ballot was not essential to determine the results of the election, the Regional Director did not report or make any recommendation as to, its disposition. On August 6,.1940; the Company, and on August 8, the Workers Union filed, "EXCEPTIONS TO ELECTION REPORT," requesting the Regional Director to set aside the election and order a new election on the grounds that the closing of the polls at 4 p. in. on July 29, 1940, pursuant to the election notices previously posted, did not give an opportunity to all employees to vote, particularly those working in the Machine Shop and Shipping Department. .On August 28, 1940, the Regional Director issued a Report on Objections, which was duly served on all parties, reporting her in- vestigation of the matters set forth in the exceptions filed by the Company and the Workers Union and pursuant to the powers vested in the Regional Director-under the "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION" dismissed said protest upon finding that 294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD no objections raised - substantial and material issue with, regard to, the conduct of the election. In the Report on Objections, the Regional Director stated that an investigation showed that notices were posted by the Company in the machine shop and the shipping department in which the employees were informed that they might leave the factory at 3: 30 p. m. for the purpose of voting in the elec- tion of the two competing unions, provided they wished to do so. The Regional Director reported further than the investigation dis- closed that men from all departments, including the machine shop. and shipping department did vote, that every eligible employee had an opportunity, if he wished to exercise it, to cast a ballot; and that,, furthermore, no substantiation of the protest was submitted. - Upon the basis of the stipulation, the Election Report, the Excep- tions to Election, Report on Objections, and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Catalin Corporation of America, Fords, New Jersey, 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 employed by the Com- pany at its plant in Fords, New Jersey, including machinists, but excluding clerical and office employees, formen, superintendents, as- sistant superintendents, and other supervisors, and all other salaried employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) o$, the National Labor Relations Act. - 3. Chemical & Oil Workers Union 22026,- affiliated with the Amer- ican Federation of Labor, has been designated and selected by the majority of the employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive repre- sentative of all employees in said unit within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board, by Section 9 (c) of the National Labor Re- lations, Act, IT IS HEREBY CERTIFIED that Chemical & Oil Workers Union, Local 22026, affiliated with the American Federation of Labor, has been designated and selected by a majority of all hourly paid production employees of the Catalin Corporation of America, employed at its CATALIN CORPOR AT'ION OF AMERICA 295 plant in Fords, New Jersey, including machinists, but excluding' clerical and office employees, foremen, superintendents, assistant super- intendents, and other supervisors, and all other- salaried employees as their representative for the purposes of collective bargaining, and that pursuant to the provisison of Section 9 (a) of the Act, Chemical & Oil Workers Union, Local -22026, affiliated with the American Fed- eration of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.