Baer Bros.

National Labor Relations Board - Board Decisions

Sep 11, 1942

43 N.L.R.B. 1267 (N.L.R.B. 1942)

In the Matter of BAER BROS. and LOCAL 12102, NATIONAL COUNCIL OF'
GAS, COKE & CHEMICAL WORKERS
In the Matter of BAER BROS . and UNITED MINE WORKERS OF AMERICA,
DISTRICT 50, NATIONAL COUNCIL GAS-COKE & CHEMICAL WORKERS,
C. 1. 0.
Cases Nos. R-4176, and RE-49.-Decided September 11, 1942
Jurisdiction : paint, varnish, and lacquer manufacturing industry.
Investigation and Certification of Representatives : existence of question: con•
flicting claims of rival representatives ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including watchmen, but excluding foremen, chemists, and office help
in main office of plant ; agreement as to.
Mr. Frederick R. Livingston, for the Board.
Mr. C. W. Carlsen, of New York City, for the Company.
Mr. Samuel Gruber, of Stamford, Conn., for National Council,
Mr. Emil Schlesinger, of New York City, and James A. Damato, of
Washington, D. C., for. District 50.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
.
Upon petitions duly filed by Local 12102, National Council of Gas,
Coke & Chemical Workers, herein called National Council, and by
Baer Bros., Stamford, Connecticut, herein called the Company, alleg-
ing that questions affecting commerce had arisen concerning the rep-
resentation of employees of the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Henry J. Kent, Trial Examiner. Said hearing was held on
August 17 and 20, 1942, at Stamford, Connecticut. The Board, the
Company, the National Council, and United Mines Workers of Amer-
ica, District 50, National Council Gas-Coke & Chemical Workers,
C. I. 0., herein called District 50, appeared, participated, and were
43 N. L. R. B., No. 201.
1267
1268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 hearing are free from prejudicial
,error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Max Baer and Abraham' Baer, hereinafter referred to as the Com-
pany, are co-partners, doing business under the trade name and style
of Baer Bros. The Company's principal office is located in New
York City. It maintains factories in Stamford, Connecticut, and
is' engaged in the manufacture, sale, and distribution of paints, var-
nishes, lacquers, and shellacs. The principal raw materials used by
the Company are linseed oil, castor oil, lethopone, titanium, pigments,
alcohol, dry colors, lacquer solvents, resins, flake shellac, nitro-
cellulose, and petroleum solvents. All of the said raw materials are
purchased outside the State of Connecticut. During the 6-month
period ending August 1, 1942, the Company sold finished products
in the amount of $425,000. Ninety percent of the said sales were
shipped to places outside the State of Connecticut.
The Company concedes that, for the purposes of this proceeding,
it is engaged in interstate commerce within the meaning of the Na-
tional Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED'
Local 12102 , National Council of Gas, Coke & Chemical Workers
i^ a, labor organization admitting to membership employees of the
Company.
United Mine Workers of America, District 50, National Council
Gas-Coke & Chemical Workers, affiliated with the C . I. 0., is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 15, at a special meeting, the members of District 50, Local
12102, voted unanimously to change their affiliation' to the National
Council. On June 17, 1942, the Company was notified by letter of
the action taken and was requested to forego any future negotiations
with District 50. On June 17; 1942,-the Company vas advised by
letter from District 50 that in the event the Company recognized or
consummated a collective agreement with any union other than Dis-
BAERR BROS. 1269
trict 50, appropriate legal action would be taken.' The Company
answered both letters, advising the two unions that it had petitioned
the Board for investigation and certification of representatives.
A statement of the Regional Director, introduced in evidence at
the hearing, indicates that the National Council represents a sub-
stantial member of the employees in the unit hereinafter found ap-
propriate.z
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the lwlean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.3
IV. THE APPROPRIATE UNIT
We find, in accordance with an agreement of the parties, that the
Company's employees covered by the contract between the Company
and District 50, namely, production and maintenance employees, in-'
cluding watchmen, but excluding foremen, chemists, and office help in
the main office of the l' 'ant, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9
(b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth ini 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 Rela-
tions Act , and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
3 On or about May 14 , 1941 , District 50 and the Company entered into a closed-shop
contract which expired May 14 , 1942. On May 12, 1942, District 50 requested a con-
ference for the purpose of negotiating a new contract, but the action of the National
Council brought the negotiations to an end.
2The Regional Director's statement sets forth that the National Council submitted
53 authorization cai ds, all dated between June 20 and June 23, 1942. All the signatures
appear to be genuine original signatures and are the names of persons whose dames
are on the Company 's pay roll on June 20, 1942, which contains the names of 59 employees
.within the appropriate unit
3-District 50 contends in this proceeding, that the National Council is not a labor
organization and telies upon the record made in Matter of Atlas Powder, Zapon Division
and Local 12084, National Council of Gas i^Chenucal'Yorkers, 43 N L. R. B. 757 ,, in support
of this contention For the reasons stated in that decision , we find no merit in the
contention of Distilct 50
1270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-,
tives for the purposes of collective bargaining with Baer Bros., Stam,
ford, Connecticut, an election by secret ballot shall be conducted as
early as possible, but riot later than, thirty (30) days from the date of
this Direction, under the direction and supervision of,the Regional
Director for the Second; 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 the employees in the-
unit found appropriate in Section IV, above, who were employed-
during the pay-roll period immediately preceding the date of this
Direction, including any such employees 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 any employees who have since quit or been dis-
charged for cause, to determine whether they desire to be represented
by Local 12102, National Council of Gas, Coke &' Chemical Workers,
or by District •50, National Council Gas-Coke & Chemical Workers,
United Mine Workers of America, C. 1. 0., for the purposes of col-
lective-bargaining, or by neither.
MR. GErRD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.-
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