Benolite Co.

National Labor Relations Board - Board Decisions

Aug 20, 1940

26 N.L.R.B. 844 (N.L.R.B. 1940)

In the Matter of BENOLITE CORPORATION and LOCAL #601, UNITED
ELECTRICAL,'RADIO & MACHINE WORKERS OF AMERICA, AFFILIATED
'WITH THEE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-1972.Decided August 20, 1940
Jurisdiction : insulating varnish and compound manufacturing industry.
Investigation and Certification of Representatives : existence of, question where
employer refuses to accord full recognition to union; election necessary.
Unit Appropriate for Collective Bargaining :, all hourly-paid production employees
exclusive of supervisory employees.
Mr. Charles Newell and'Mr.,E. H. Spillane, of East-Pittsburgh, Pa.,
for the Union.
Mr. William E. Miller, of Pittsburgh, Pa., for the Company.
Miss Charlotte Anschuetz, of counsel, to the Board.
DECISION
AND
DIRECTION OF ELECTION'
STATEMENT OF. THE CASE,
On Jiine'17, 1940, Local'#601, United Electrical; Radio & Machine
Workers'of America, affiliated with 'the Congress of Industrial Organi-
zations, herein called 'the Union; 'filed with the Regional Director' for
the Sixth Region (Pittsburgh-, •Pennsylvania), a petition alleging'that a
question affecting commerce had arisen concerning the representation'
of employees of Benolite Corporation, Manor, Pennsylvania,•,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 July 22, 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 to provide for an appropriate hearing upon
due notice.
On July 23, 1940, the Acting Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and the
Union. Pursuant to the notice, a hearing was held on July 31, 1940,
at Pittsburgh, Pennsylvania, before Robert H. Kleeb, the Trial
26 N. L. R. B., No. 87.
844
BENOLITE CORPORATION 845
Examiner duly designated,by the Board. The Company and the
Union were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all parties.
Upon, the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Benolite Corporation, a Pennsylvania corporation with its only
plant at Manor, Pennsylvania, is engaged in the manufacture of insu-
lating varnishes and insulating compounds. The raw and other
materials used are cicoil, China wood oil, linseed oil, gums, resins,
solvents, and driers; of these approximately 80 per cent are obtained
from points outside the Commonwealth of Pennsylvania. Approxi-
mately'15 per cent of the manufactured product is sold and shipped
outside the Commonwealth of Pennsylvania. During 1939 the volume
of business of this plant amounted to $202,000.
The total number of employees, on June 22, 1940, was 13.
'II. THE ORGANIZATION INVOLVED
Local #601, United Electrical, Radio & Machine Workers of America,
is a labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees, of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union stated in its petition that the Company in a written
statement had refused to recognize it as the exclusive representative
of the Company's employees. This was not denied by the Company
at the hearing.
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
It was agreed upon by the parties at the hearing that the appropri-
ate unit shall consist of all hourly paid production employees of the
846 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
Company, exclusive of supervisory employees . We see no reason to
alter the unit as stipulated.
We find that all hourly, paid production employees of the Com-
pany, exclusive of supervisory employees, constitute a unit appro-
priate for the purposes of collective bargaining and 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
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
There was introduced in evidence at the hearing an analysis by the
Regional Director of evidence of membership submitted to him by
the Union, showing that the Union represents a substantial number
of employees in the appropriate unit. The Union requested certifi-
cation as the exclusive bargaining representative of the employees in
the appropriate unit without an election, but indicated its willingness
to have an election. The Company desired an election. We find
that the question which has arisen concerning representation can best
be resolved by the holding of an election by secret ballot.
The Company and the Union stipulated that the pay roll of June
22, 1940, which was introduced in evidence , was a satisfactory basis
,for determining eligibility of voters . Since the testimony shows that
the pay roll had not changed by July 31, 1940, we see no reason to
depart from the wishes of the Company and the Union . We con-
strue the stipulation to include as eligible to vote those employees
whose names do not appear on the pay roll as of the above date be-
cause they were ill or on vacation , or temporarily laid off, and to
exclude those who have since been discharged for cause , as well as
those who have since quit. We shall direct accordingly.
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 Benolite Corporation , Manor, Pennsyl-
vania, 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 of the Company , exclu-
sive of 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 Rela-
BENOLITE CORPORATION 847
tions 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 collective bargaining with
Benolite Corporation, Manor, 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 of Election under the direc-
tion and supervision of the Regional Director for the Sixth Region,
acting in the matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
among all hourly paid production employees of Benolite Corpora-
tion, Manor, Pennsylvania, whose names appear on the Company's
pay roll of June 22, 1940, including employees who did not work
during such pay-roll period because -they were ill or on vacation and
employees who were then or shall since have been temporarily laid
off, but excluding supervisory employees and those who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by Local #601, United Electrical, Radio &
Machine Workers of America, affiliated with the Congress of Indus-
trial Organizations, for the purposes of collective bargaining.