Delaware Floor Products, Inc.

National Labor Relations Board - Board DecisionsAug 7, 1940

26 N.L.R.B. 218 (N.L.R.B. 1940)

III the Matter of DELAWARE FLOOR PRODUCTS, INC. and UNITED RUBBER WORKERS OF AMERICA, LOCAL 180 Case No. R-1960.-Decided August 7, 1940 Jurisdiction : floor covering manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union and request that certification be obtained; election necessary. Unit Appropriate for Collective Bargaining : all hourly rated production and maintenance employees including assistant foremen or employees having the same duties or lower, and truck drivers, but excluding supervisory and clerical employees, plant watchmen, chauffeurs , and laboratory chemists. Logan ct Duffy, by Mr. C. Edward Duffy, of Wilmington, Del., for the Company. Mr. Samuel L. Rothbard, of Newark, N. J., and Mr. Rex. C. Murray and Mr. C. D. Lesley, of Wilmington, Del., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 22, 1940, United Rubber Workers of America, Local 180, herein called the Union, filed with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Delaware Floor Products, Inc., - Wilmington, Delaware, 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 10, 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. 26 N. L. R. B., No. 27. 218 DELAWARE FLOOR PRODUCTS, INC. 219 On July 15, 1940, the 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 25, 1940, at Wil- mington, Delaware, before Jerome I. Macht, the Trial Examiner duly designated by the Board. The Company and the Union were represented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF IHE COMPANY Delaware Floor Products, Inc., is a Delaware corporation having it plant and general offices at Wilmington, Delaware, where it is engaged in the manufacture, processing, sale, and distribution of hard-surface floor coverings and kindred products. During 1939 the Company purchased raw materials valued at about $977,000, approximately 99 per cent of which were shipped to it from points outside the State of Delaware. During this same period, the Company sold finished products valued at approximately $2,468,000, 99 per cent of which were shipped by it to points outside uhe State of Delaware. The Company admits that it is engaged in interstate commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED United Rubber Workers of America, Local 180, is a labor organi- zation affiliated with the Congress of Industrial Organizations. It admits to membership all hourly rated production and maintenance employees of the Company, excluding supervisory and clerical employees, plant watchmen, and chauffeurs. III. THE QUESTION CONCERNING REPRESENTATION The Union has requested the Company to recognize it as the exclu- sive representative of its employees. The Company stated that it would not recognize the Union until it had been certified by the Board as the exclusive representative of the employees. We find that a question has arisen concerning the representation of employees of the Company. 220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 The Company and the Union agreed at the hearing that the appro- priate unit should consist of all hourly 'rated production and Iriaiute- nance employees of the Company, including assistant foremen or employees having the same duties or lower, and truck drivers, but excluding all supervisory and clerical 'employees, plant watchmen, chauffeurs, and laboratory chemists. We see no reason for departing from such unit. . , , We find that all hourly rated production and maintenance employees of the Company, including assistant foremen or employees having the same duties or lower, and truck drivers, but excluding supervisory and clerical employees, plant watchmen, chauffeurs, and laboratory chemists, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full -benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the At. VI. THE DETERMINATION OF REPRESENTATIVES We find that the 'question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by:an election by secret ballot. The parties agreed at the hearing that in the event the Board directed an election, eligibility of employees !to vote should be determined by the Company's pay roll immediately preceding the date of the Direction of Election. We find that',the employees of the Company eligible to vote in the election shall be those in the appropriate unit who were employed 'during the pay- roll period immediately preceding the date of the Direction of Election herein, including, employees who did not work during such pay-roll period because they were ill or,on vacation and employees who were then or have since been temporarily laid off, but, excluding those 'employees who have since quit or have been discharged, for cause. Upon the basis of the above findings of fact and the entire record in the case, the Board makes the following: DELAWARE FLOOR PRODUCTS, IN C. 221 CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Delaware Floor Products, Inc., Wilmington, Delaware,, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All hourly rated production and maintenance employees of the Company, including assistant foremen or employees having the same duties or lower, and truck drivers, but excluding supervisory and clerical employees, plant watchmen, chauffeurs, and laboratory chem- ists, constitute a unit appropriate for the purposes of collective bar- gaining, 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 Relations Act, and pursuant to Article III, Section 8,. of National Labor Rela- tions 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 the purposes of collective bargaining with Delaware Floor Products , Inc., Wilmington , Delaware ,' an elec- tion 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, Section 9 , of said Rules and 'Regu- lation, among all the hourly rated production and maintenance employees of the Company who were employed during ,the,.pay-roll period immediately preceding the date of this Direction, including assistant foremen or employees having the same duties ' or lower , truck drivers, employees who did not work during such ' pay-roll , period because they were ill or on vacation , and employees who were then or have since been temporarily laid off, but excluding supervisory and clerical employees, plant watchmen, chauffeurs , laboratory chem- ists, and employees who have since quit or been discharged for-cause, to determine whether or not they desire to be represented by United Rubber Workers of America, Local 180, affiliated with the Congress of Industrial Organizations , for the purposes of collective bargaining. MR. EDWIN S . SMITH took no part in the consideration of the above Decision and Direction of Election.