New England Collapsible Tube Co.

In the Matter of NEW ENGLAND COLLAPSIBLE TUBE COMPANY and FEDERAL LABOR UNION #22933 (AFL) Case No. R-3230.-Decided December 13, 1941 Jurisdiction : collapsible tube manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal of Company to accord union recognition ; election necessary ; in view of the Company's declared intention to reinstate employees participating in. a recent strike and to retain on a permanent basis the persons employed during the strike, held, that both groups of employees are entitled to vote. Unit Appropriate for Collective Bargaining : all production and maintenance e ►u- ployees of the Company excluding executives, supervisors, clerical employees, and watchmen ; agreement as to. - Mr. H. A. Larson and Mr. William F. Lynch, of New London, Conn., for the Company. Mr. James J. Clerkin, of Bridgeport, Conn., for the Union. Mr. Gerard J. Manacle, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 3, 1941, Federal Labor Union #22933 (AFL), herein called the Union, filed with the Regional Director for the First Region (Boston, Massachusetts) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of New England Collapsible Tube Company, New London, Connecticut, herein called the Company, and requesting an investigation and certifi- cation of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 16, 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. 37 N. L. R. B., No. 97. 568 NEW ENGLAND COLLAPSIBLE' TUBE- CO. 569 On October 17, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on October 31, 1941, at New London, Connecticut, before Albert J. Hoban, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented by their representatives, and both participated in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner made various rulings on motions and objections to the ad- mission of evidence. The Board has reviewed all 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 New England Collapsible Tube Company, a Connecticut corpora- tion with its principal office and place of business in,New London, Con- necticut, is engaged in the manufacture, sale, and distribution of col- lapsible tubes and toilet, medicinal, and other products. During the first six (6) months of 1941, the Company used raw materials valued at approximately $400,000, of which approximately 85 percent were obtained from outside the State of Connecticut. During this period, the Company manufactured finished products valued at approximately $700,000, of which approximately 72.8 percent were shipped by the Company to points outside the State of Connecticut. The Company admits that it is engaged in commerce within the meaning of'the Act. H. THE ORGANIZATIONS INVOLVED Federal Labor Union #22933 is a labor organization affiliated with the American Federation of Labor, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 23, 1941, the Company received a letter from the Union, wherein a conference was requested for the purpose of nego- tiating a contract, a draft of which accompanied the letter, providing, among other things, for recognition of the Union as the sole bargain- ing agent for all production and maintenance employees of the Com- pany.' On September 29, 1941, the Company replied by letter that 570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD it was always ready to negotiate with any group of employees or their representatives, but that "'sole bargaining rights' are not justified by the circumstances at this time." At the hearing, evidence was introduced showing that a substantial number of employees within the unit hereinafter found to be appro- priate had designated the Union to ,be their collective bargaining representative.' 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 We find, in accordance with a stipulation entered into by the parties at the hearing, that all production and maintenance employees of the Company at its New London, Connecticut, plant, exclusive of execu- tives, supervisors, clerical employees, and watchmen, constitute a, unit appropriate for the purposes of collective 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 will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. From September 9 to October 3, 1941, more than half the employees of the Company in the appropriate unit participated in a strike for higher wages.- During the progress of the strike, the Company hired a number of new employees to replace the strikers. At the hearing, the Company stated its intention of retaining all new employees on a permanent basis and also of reinstating all strikers as soon as the -need 'The Union submitted 182 signed applications for membership cards, of which 43 were undated, 138 dated during the period from August to October 1941, inclusive , and 1 bearing the date "November 28, 1941 " Of the names on these cards , 167 appear on the pay roll of the Company, for the week ending September 16, 1941, which contains 496 names of employees in the appropriate unit. NTEW ENGLAND COLLAPSIBLE' TUBE' CO. 571 for them arose.2 The Union requests that the pay-roll period next pre- ceding the commencement of the strike should be used for determining eligibility to vote. The Company contends that the pay-roll period as of the date of the Direction of Election should be used, and that in addition all strikers not yet reinstated and who are desirous of re- turning to work for the Company should be eligible to vote. In view of the Company's declared intention to reinstate the strikers and retain on a permanent basis the persons employed during the strike, the issue presented in the Wuriztzer a case is not here involved since there is no conflict in interest between the two groups concerning tenure of employment. Under these circumstances it is plain that both groups of employees are entitled to participate in the determina- tion of representatives and we so hold. We shall accordingly direct that those eligible to vote shall be employees in the appropriate unit who were, employed by the Company during the pay-roll period imme- diately preceding the date of this Direction of Election, and in addi- tion all employees who went out on strike, whether or not they have been reinstated, subject to the limitations and additions set forth in the Direction. 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 at the New London, Connecticut, plant of New England Collapsible Tube Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company at its New London, Connecticut, plant, exclusive of executives, super- visors, clerical employees, and watchmen, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 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 The record does not disclose the number of new employees or their union affiliation. It does show, however , that of the 277 employees who were out on strike 132 had not been reinstated at the time of the hearing 3 Matter of the Rudolph Wurlitzer Company and Plano, Organ' and Musical InstiVnaent Workers' Union, Local No 1190, 32 N L R B , No. 35 572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation authorized"by the Bo,,ird to ascertain representatives for the purposes of collective bargaining with New England Collapsible Tube Company, New London, Con- necticut, 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 First 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 production and maintenance employees of the Company at its New London, Con- necticut, plant, who were employed during the pay-roll period imme- diately preceding the date of this Direction of Election, including em- ployees who did not work during such pay-roll period because they were ill or on vacation or in active military service or training of the United States, or temporarily laid off, and all employees who were out on strike during the period from September 9 to October 3, 1941, whether or not they have been reinstated, but excluding employees who have since quit or been discharged for cause, and also excluding executives, supervisors, clerical employees, and watchmen, to deter- mine whether or not such employees desire to be represented by Federal Labor Union #22933 (AFL) for the purposes of collective bargaining.