Cords, Ltd.

National Labor Relations Board - Board Decisions

Feb 21, 1946

65 N.L.R.B. 1347 (N.L.R.B. 1946)

In the Matter of CORDS , LTD. and UNITED RUBBER WORKERS OF
AMERICA, C. I. O.
Case No. 0-R-6077.-Decided February d1, 1946
Foley and Francis, Esqs., by Mr. John J. Francis, of Newark, N. J.,
for the Company.
Rothbard, Harris, and Oxf eld, Esqs., by Messrs. Samuel L. Roth-
bard and 0. H. Bosley, of Newark, N. J., for the C. 1. 0.
Dunn and Bannon, Esgs., by Mr. Joseph P. Dunn, of Newark, N. J.,
and Mr. John L. Saqui, of Jersey City, N. J., for the IBEW.
Mr. Harry R. Ehrlich, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Rubber Workers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Cords, Ltd., Newark, New Jersey, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Jack Davis, Trial Examiner. The hearing
was held at Newark, New Jersey, on January 25, 1946. The Com-
pany, the C. I. 0., and the International Brotherhood of Electrical
Workers, Local B-1444, A. F. of L., herein called the IBEW, ap-
peared and participated. All parties 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 hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Cords, Ltd., is a New Jersey corporation engaged in the manufac-
ture, sale, and distribution of assembled and rubber cords with its
principal office and plants located in Newark, New Jersey. During
the past year, the Company purchased approximately $500,000 worth
65 N. L. R. B., No. 222.
1347
1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of raw materials, of which approximately 95 percent was shipped to
it from points outside the State of New Jersey. During the same
period, the Company manufactured finished products valued in, excess
of $500,000, of which approximately 95 percent was shipped to points
outside the State of New Jersey.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Rubber Workers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
International Brotherhood of Electrical Workers, Local B-1444,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Company and IBEW entered into a written bargaining con-
tract, and later addendum, effective February 12, 1945, the terms of
which provided that it should remain in full force and effect until
February 12, 1946, and thereafter from year to year, unless 30 days
before the annual expiration date either party notified the other of its
intention to terminate the agreement: On November 24, 1945, the
C. I. O. notified the Company by letter that it represented a majority
of its employees, and on December 29, 1945, filed its petition herein.
The Company and IBEW contend that the contract was automatically
renewed on January 12, 1946, and therefore constitutes a bar to this
proceeding. Inasmuch as the Company received notice of the C. I. O.'s
representation claim prior to the automatic renewal date of the con-
tract, we find that the contract is not a bar to a present determination
of representatives.'
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. O. represents a substantial number
of employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, 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 the stipulation of the parties,
that all production and maintenance employees, including watchmen
1 See Matter of Craddock -Terry Shoe Corp , 55 N. L. R B. 1406, and cases cited therein.
z The Field Examiner reported that the C. I 0 submitted 106 membership cards, bearing
the names of 102 employees listed on the Company's pay-roll, of-,,November 25, 1945.
There are approximately 285 employees in the alleged appropriate unit . The IBEW
relied upon its contract to establish its interest in the proceeding.
CORDS, LTD. 1349
in the Company's plants and warehouse located at 26 Camp St., 23
Camp Place and 80 Orchard St., Newark, New Jersey, but excluding
all office and clerical workers, expediters, and supervisors with author-
ity to hire, discharge, promote, 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.
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 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the, purposes of collective bargaining with Cords, Ltd.,
Newark, New Jersey, 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 Second 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 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 Direc-
tion, 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 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 de-
termine whether they desire to be represented by United Rubber
Workers of America, affiliated with the C. 1. 0., or by International
Brotherhood of Electrical Workers, Local B-1444, affiliated with the
A. F. of L., for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.