Armstrong Cork Co.

National Labor Relations Board - Board Decisions

Jul 10, 1944

57 N.L.R.B. 159 (N.L.R.B. 1944)

V_
In;t .e,Matter of ARMSTRONG CORK COMPANY , CLOSURE PLANT DIVISION
and UNITED RUBBER WORKERS OF AMERICA , C. I. O.
Case No. 4-R-1435.Decided July 10, 1,944
Mr. Paul G. Rodewald , of Pittsburgh , Pa., and Mr. Edward J.
Kessler, of Lancaster , Pa., for the Company.
Mr. Samuel L . Rothbard, of Newark , N. J., and Messrs . O. H. Bosley
and Robert Hill, of Lancaster , Pa., for the United.
Messrs. David H. H. Felix and Frances A . Bonner, of Philadelphia}
Pa., for the A. F. L.
Mr. Louis Cokin , of'counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Rubber Workers of America,
C. I. 0., herein called the United, alleging that a question affecting
commerce had arisen concerning the representation of employees' of
Armstrong Cork Company, Closure Plant Division, Lancaster,
Pennsylvania, herein-called the Company, the National Labor'R ?la-
tions Board provided for an appropriate hearing upon due notice be-
fore Eugene M. Purver, Trial Examiner. Said hearing was held at
,.Lancaster; Pennsylvania, on June 15, 1944. At the commencement of
the hearing the Trial Examiner granted a motion of Plastic, Cork and
-Linoleum `Yorkers, Local No. 675, U. I. U., A. F. L., herein called the
A. F. L., to intervene. The Company, the United, and the A. F. L.
appeared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Arln'strong Cork Company is a Pennsylvania corporation operating
a plant at Lancaster, Pennsylvania. known as the Closure plant' Di-
57N 1, R B , No 29
159
160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vision, where it'is'engaged in the manufacture of crowns , metal caps,
artmold caps , molded top corks, and similar products . Over 50 per-
cent of the raw materials used at the Closure Plant Division is shipped
to it from points outside the State of Pennsylvania . The Company's
finished products at its Closure Plant Division 'are valued in excess of
$1,000 ,000 annually , more than 90 percent of which is shipped to
points outside the State of Pennsylvania.
The Company admits that it 'is engaged in commerce within the- ',
meaning 'of the National Labor Relations Act.
II-THE ORGANIZATIONS INVOT,VED
United Rubber Workers of America,-is a labor organization ,affili-
ated ' with"'the Congress of ` Industrial Organizations, 'admitting to
membership employees of the Company.
Plastic, Cork and Linoleum Workers, Local No. 675, U. I. U., is
a labor organization, affiliated, 'with -the; American Federation of
Labor, admitting to membership employees, of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 9, 1944, the United requested the 'Company to recog-
nize it as,the exclusive collective bargaining representative of, the
employees at the Closure -Plant Division. The Company refused,
'this request because of a contract between it and'the .A: F. L.
On„ August 9, 1943, the Company and the A. F. L. -entered into,
an' exclusive , collective bargaining contract., The contract provides
that it shall remain in effect until June 10, 1944, and from year to
year thereafter unless either party thereto notifies the other of a
desire to terminate not less than 30 days prior to any annual expi-
ration date. On May 9, 1944, the United made its claim upon the
Company. Inasmuch as the United made its claim prior to May
10; 1944, the date upon which the contract would have- automati-,
cally renewed itself, we find that the contract does not, constitute a
bar to a determination of representatives at this time.
A statement of a Field Examiner of the Board, -introduced into
evidence at the hearing, indicates that the United represents a-sub-
stantial number of employees in the unit hereinafter found to be
appropriate 1
We find 'that a question 'affecting commerce has arisen concern-
ing the representation, of employees of the Company, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
1 The Field Examiner reported that the United presented 258 authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company's pay roll
of May 17, 1944' There are approximately 709 employees in the appropriate unit. The,
A. F., L. did not present any evidence of representation to the Regional Director but relies
upon its contract as evidence of its interest in the instant proceeding.
ARMSTRONG CORK, COMPANY 161
IV. THE APPROPRIATE UNIT
MTe'find,' in'agreement with a stipulation of the parties, that all',
production and maintenance employees at the ' Closure Plant Divi-
sidh, of the Company at Lancaster,, Pennsylvania, excluding office,
clerical, technical, and salaried 'employees, foremen, assistant -fore-
men; and any other 'supervisory employee's with authority to ' hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.2
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that' the question concerning representation
which has arisen be resolved by means of an election by secret,bal-
lot among the employees in the- appropriate unit who were em-
ployed, during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to the limitations and
additions set forth in the Direction. ,
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,, and pursuant to Article hII,,Section 9, of National
Labor Relations Board Rules and Regulations-Series 3; it is
hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining' with Armstrong
Cork Company, Closure Plant Division, Lancaster, 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,
under the direction and supervision of the Regional Director for
the Fourth Region, acting in this matter as agent for the National _
Labor Relations Board, and subject to Article III, Sections 10 and
11; of'said Rules and Regulations, among the employees in the unit
found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this
Direction, including employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily laid
off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
a This ' is the same unit as provided for in the contract between the Company and the
A. F. L.
001248-45-vol. 57-12
162 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
any who have since quit or been discharged for cause and have-
not been rehired or reinstated prior to the date of the election, to
determine whether they desire to be represented by United Rubber
Workers of America, C. I. 0., or by Plastic, Cork and Linoleum
Workers,-Local No. 67.5, ^ U. I., U., affiliated With, the American-
Fed-eration of 'Labor, for the purposes of , collective-- bargaining, or by
neither.