Wilson & Co., Inc.

In the Matter Of WILSON & Co., INC., TRADING AS J. EAVENSON & SONS, DIVISION OFWILSON & Co., INC. and LOCAL 12209, DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. R--$048.-Decided October 31,1941 Jurisdiction : soap products manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to recognize union ; election necessary. Unit Appropriate for Collective Bargaining : all production, maintenance, and shipping employees at single plant, excluding foremen, assistant foremen, fore- ladies, assistant foreladies, watchmen, office employees, factory clerks, depart- ment clerks, truck drivers, technically trained -laboratory employees, engineers, timekeepers, and managerial and supervisory employees; stipulation as to. Mr. Irving R. Segal, of Philadelphia, Pa., and Mr. Paul Ware, of Chicago, Ill., for the Company. Mr. Otto Hartmann, of Camden, N. J., for the Union. Mr. Charles W. Schneider, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On July 21, 1941, Local 12209, District 50, United Mine Workers of America, herein called the Union, filed with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Wilson & Co., Inc., trading as J. Eavenson & Sons, Division of Wilson & Co., Inc., Camden, New Jersey, 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 September 8, 1941, 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. 36 N. L. R. B., No. 119. 570 WILSON & CO., INC. 571 On September 10, 1941, the Acting Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on September 18, 24, and 25, 1941, at Philadelphia, Pennsylvania, before Jerome I. Macht, the Trial Examiner duly designated by the Chief Trial Examiner. The Company was represented by counsel, the Union by a representative, and both participated in the hearing. Full opportunity to be heard, to exam- ine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the conclusion of the hearing the Company moved to dismiss the petition on the ground that no labor organization had presented a question concerning representation, and on the further ground that an appropriate hearing had not been pro- vided. The Trial Examiner referred the motion to the Board. It is hereby denied., During the course of 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 : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Wilson & Co., Inc., is a Delaware corporation having its principal office at Chicago, Illinois, and trading in Camden, New Jersey, as J. Eavenson & Sons, Division of Wilson & Co., Inc., where the plant involved in the present proceeding is located . At the Camden plant the Company is engaged in the manufacture, sale, and distribution of soap and soap products . The principal raw materials used by the Company at the Camden plant are oils, fats , perfumes, powders, tallow, grease, acid , and miscellaneous items. During the year 1940 the gross value of the raw materials purchased for the plant in Camden was in excess of $500,000, of which approximately 90 per cent was purchased and received from sources outside the State of New Jersey . During the same period the gross volume of the Company's sales at the Camden plant was in excess of $500,000, of which approximately 90 per cent was shipped from Camden to, through , and into States other than New Jersey. IIt may he noted that at the opening of the hearing the Trial Examiner accorded the Company a 6-day continuance on the plea that its chief counsel was unavailable , and that the Company made no offer to introduce evidence at the continued hearing, although afforded opportunity to do so. 572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATION INVOLVED Local 12209, District 50, United Mine Workers of America, affili- ated with the Congress of Industrial Organizations, is a labor organi- zation admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about May 24, 1941, the Company declined to recognize the Union as representative of the production and maintenance employees at the Camden plant. The Union submitted evidence that it repre- sents a substantial number of the employees of the Company.2 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 The Company and the Union stipulated, and we find, that all pro- duction, maintenance, and shipping employees, at the Company's Delaware Avenue and Penn Street plant, Camden, New Jersey, ex- cluding foremen, foreladies, assistant foremen, assistant foreladies, watchmen, office employees, factory clerks, department clerks, truck drivers, technically trained laboratory employees, engineers, time- keepers, and all managerial and supervisory employees, constitute a unit appropriate for the purposes of collective- bargaining. We fur- ther find 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 will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best. be resolved by an 2 The Trial Examiner reported that the Union submitted to him 107 membership authori- zation cards. Ninety-eight of the cards bear dates between February and Jury 1941; 9 are undated. Of the 107, 95 appeared to bear genuine original signatures . Eighty -one of the 95 signatures are the names of persons listed on the Company's July 19 , 1941 , pay roll, as are 12 names on cards bearing printed signatures . The July 19 , 1941, pay roll contains ap- proximately 192 employees within the alleged appropriate unit. WILSON & CO., INC. 573 election by secret ballot. We shall direct that the employees of the Company eligible to vote in such election shall be those in the appro- priate unit who were employed during the pay-roll period imme- diately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction hereinafter. 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 Wilson & Co., Inc., trading as J. Eavenson .& Sons, Division of Wilson & Co., Inc., Camden, New Jersey, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production, maintenance, and shipping employees employed by the Company at its Delaware Avenue and Penn Street plant, Cam- den, New Jersey, excluding foremen, foreladies, assistant foremen, assistant foreladies, watchmen, office employees, factory clerks, de- partment clerks, truck drivers, technically trained laboratory em- ployees, engineers, timekeepers, and all managerial and 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 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 DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Wilson & Co., Inc., trading as J. Eavenson & Sons, Division of Wilson & Co., Inc., Camden, 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 of Election, under the direction and supervision of the Regional Director for the Fourth Region, act- ing 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 production, maintenance, and shipping employees em- ployed by the Company at its Delaware Avenue and Penn Street plant, Camden, New Jersey, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees 574 DECISIONS OF NATIONAL-LABOR RELATIONS BOARD who did not work during said 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 foremen, fore- ladies, assistant foremen, assistant foreladies, watchmen, office em- ployees, factory clerks, department clerks, truck drivers, technically trained laboratory employees, engineers, timekeepers, and all mana- gerial and supervisory employees, and employees who have since quit or been discharged for cause, to determine whether or not they desiro to be represented for the purposes of collective bargaining by Local 12209, District 50, United Mine Workers of America, affiliated with the Congress of Industrial Organizations. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.