Continental Can Co., Inc.

National Labor Relations Board - Board Decisions

Aug 30, 1946

70 N.L.R.B. 1038 (N.L.R.B. 1946)

In the Matter of CONTINENTAL CAN COMPANY, INC., EMPLOYER and
UNITED STEELWORKERS OF AMERICA, CIO, PETITIONER
Case "No. 2-R--6510.-Decided August 30, 1946
Mr. W. A. Lacke, of New York City, and Mr. Gage Beemer, of Jersey
City, N. J., for the Employer. -
Messrs. Clarence Talisman and George Binsted, of Newark, N. J.,
for the Petitioner.
Messrs. Steve Wilson and Frank J. Wagner, of Hoboken, N. J., for
the AFL.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Jersey
City, New Jersey, on July 22, 1946, before Robert Silagi, Trial Ex-
aminer. 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 National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Continental Can Company, Inc., is a New York corporation, main-
taining numerous factories, warehouses, and branch offices throughout
the United States. This proceeding is concerned solely with the Em-
ployer's No. 8 plant located in Jersey City, New Jersey. At this plant,
the Employer is engaged in the manufacture and distribution of tin
cans and containers. During the calendar year 1945, the Employer
purchased for use at this plant, raw materials valued in excess of
$500,000, of which more than 50 percent was obtained from points out-
side the State of New Jersey. During the same period, the Employer
manufactured and sold from this plant, finished products valued in
excess of $500,000 of which more than 50 percent was shipped to points
outside the State of New Jersey.
70 N. L. R. B., No. 82.
1038
CONTINENTAL CAN COMPANY, INC. 1039
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress of
Industrial Organizations claiming to represent employees of the Em-
ployer.
General Tin & WWrax Containers Union Local No. 22229, AFL, herein
called the AFL, is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accord with a stipulation of the parties,
that all production and maintenance employees of the Employer, em-
ployed at plant No. 8, Jersey City, New Jersey, excluding truck drivers,
lithographers, guards, tool and die makers, machinists, clerical em-
ployees, salaried employees, accounting department employees, and all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section 9
(b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Continental Can Company, Inc.,
Jersey City, New Jersey, an election by secret ballot shall be con-
ducted 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 Second Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of National Labor Relations Board Rules and
Regulations-Series 3, as amended, among the employees in the unit
1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
found appropriate in Section IV, above, who were employed during
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 in-
cluding employees in the armed forces of the United States who present
themselves in person at the polls, but excluding those employees 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 Steelworkers of America, CIO,
or by General Tin & Wax Containers Union, Local No. 22229, AFL,
for the purposes of collective bargaining, or by neither.
MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the
above Decision and Direction of Election.
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