Insuline Corp. of America, Inc.

National Labor Relations Board - Board Decisions

Dec 30, 1940

28 N.L.R.B. 809 (N.L.R.B. 1940)

i
In the Matter of INsuLINE CORP. OF AMERICA, INC., and LOCAL 430
OF THE UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA,
C. I. O.
Case No. B-2128.-Decided December 30, 1940
Jurisdiction : radio assembling industry.
Investigation and Certification of Representatives: existence of question: con-
flicting claims of rival representatives ; closed-shop contract renewed with
knowledge of pendency of proceedings, no bar to ; eligibility to vote deter-
mined as of the date of expiration of the above-mentioned contract; election
necessary.
Unit Appropriate for Collective Bargaining : all production employees including
employees in the machine shop, press department, inspection, assembly,
aerial bench, receiving and shipping departments, and stock-room employees,
but excluding porters, office and clerical employees, designing engineers, fore-
men, superintendents, and executives.
Mr. Shad Polier, for the Board.
Barshay, Frankel cC Rothstein, by Mr. Nathan Frankel, of New
York City, for the Company.
Mr. Frank Schemer, of New York City, for the United.
Mr. William Beedie, of New York City, for the I. B. E. W.
Mr. Louis Cokin, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 6 and October 2, 1940, respectively, Local 430, United
Electrical, Radio & Machine Workers of America, C. I. 0., herein
called the United, filed with the Regional Director for the Second
Region (New York City) a petition and an amended petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Insuline Corp. of America, Inc., Long
Island City, New York, herein called the Company; and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On October 14, 1940, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c) of
28 N. L. R. B., No. 125.
809
810 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Act and Article III, Section 3, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, ordered an investi-
gation and authorized the Regional Director to 'conduct it and to
provide for an appropriate hearing upon due notice.
On October 15, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
United, and International Brotherhood of Electrical Workers, Local
B-1010, herein called the I. B. E. W., a labor organization claiming
to represent employees directly affected by the investigation. Pur-
suant to notice, a hearing was held on October 31 and November 1,
1940, at New York City, before Webster Powell, the Trial Examiner
duly designated by the Board. The Board, the Company, and the
United were represented by counsel, and the I. B. E. W. by an inter-
national representative; all 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 granted a
motion by the United to amend its amended petition as to -formal
matters. At the close of the hearing the Company filed a motion to
dismiss the petition on the ground that a majority of the employees
of the Company have shown that they desire to be represented by the
I. B. E. W. The Trial Examiner reserved ruling thereon. The mo-
tion is hereby denied. During the course of the hearing the Trial
Examiner made several rulings on other motions and on objections
to the admission of evidence. The Board has reviewed all the rulings
of the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF TIIE COMPANY
Insuline Corp. of America, Inc., is ,a New York corporation with
its principal office and plant at Long Island City, New York, where
it is engaged in the business of assembling, selling, and distributing
radio parts. From April 1, 1940, to September 30, 1940, the Com-
pany purchased raw materials from points outside,the State of New
York valued at approximately $55,000, this figure representing ap-
proximately 25 per cent of the Company's purchases of raw materials
during said period. During this same period the Company sold and
shipped finished products to points outside the State of New York
valued at approximately $60,000, this figure constituting approxi-
mately 60 per cent of the Company's entire sales of finished' products
during said period. The Company admits that it is engaged in
commerce within the meaning of Section 2 of the Act. _
_INSULINE CORP. 'OF AMERICA, INC. 811
II. TIIE ORGANIZATIONS INVOLVED
Local 430, United Electrical, Radio & Machine Workers of, America,
is a labor organization- affiliated with the Congress of Industrial
Organizations. It admits to membership all production, mainte-
nance, stock packing, and shipping employees of the Company,
excluding executives, foremen, and office and clerical employees.
Local B-1010, International Brotherhood of Electrical Workers,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership the same classes of employees of
the Company as the United.
III. THE QUESTION CONCERNING REPRESENTATION
On November 1, 1939, the Company and the I. B. E. W. entered
into a closed-shop contract that was io run until October 15, 1940.
On August 3, 1940, the United filed its petition herein? On August
12, 1940, the I. B. E. W. presented a new closed-shop contract to the
Company. On September 6 and 20, 1940, respectively, the Company
was notified by the Regional Director that a petition had been filed
by the United. On October 18 or 19, 1940, the I. B. E. W. and the
Company held their first conference for the purpose of discussing the
contract submitted to the Company on August 12, .1940. The
I. B. E. W. and the Company failed to agree on certain clauses in
the proposed contract and the I. B. E. W. called a strike on October
25, 1940, which closed down the entire plant and lasted for 2 days.
After several conferences, the I. B. E. W. and the Company, on
October 31, 1940, signed a 1-year closed-shop contract covering all
the employees of the Company. This contract was ratified by 49
employees. A representative of the United testified that because of
the past relationship between the Company and the I. B. E. W., he
advised the employees who were members of the United to join in
the strike and to vote for ratification of the October 31, 1940, contract.
The Company and the I. B. E. W. contend that. the October 31,
1940, contract is in full force and effect, that there is; therefore, no
present question concerning representation, and that the petition
should be dismissed. We find no merit in this contention. At the
time the Company- and the I. B. E. W. signed the closed-shop agree-
ment on October 31, 1940, they had knowledge that this proceeding
was pending before the Board. Under these circumstances, we find
that the closed-shop agreement of October 31, 1940, does not affect
the determination of the issues herein.2 A statement of the Regional
2 The United filed a petition in May 1940 , which was dismissed by the Board.
2 Matter of California Woolen Scouring Company and Textile Workers Organizing Com-
mittee, 51 N L. E. B. 782.
812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD-
Director introduced at the hearing shows that the United and the
I. B. E. W. each represent a substantial number of employees in the
alleged appropriate unit.3
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, occuring 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, the United, and the I. B. E. W. agreed at the hear-
ing that the appropriate unit should consist of all production
employees of the Company, including employees in the machine shop,
press department, inspection, assembly, aerial bench, receiving and
shipping departments, and stock-room employees, but excluding
porters, office and clerical employees, designing engineers, foremen,
superintendents, and executives. We see no reason for departing
from the desires of the parties.
We find that all production employees of the Company, including
employees in the machine shop, press department, inspection, assem-
bly, aerial bench, receiving and shipping departments, and stock-room
employees, but excluding porters, office and clerical employees, de-
signing engineers, foremen, superintendents, and executives, constitute
a unit appropriate ' for the purposes of collective bargaining, and
that said unit will insure to employees of the Company the full bene-
fit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
3 The Regional Director 's statement shows that 34 employees whose names appear on
the Company 's pay roll of August 6, 1940, have signed applications for membership in
the United dated between May 6 and 15, 1940, and that 49 employees whose names ap-
pear on the August 6, 1940; pay roll signed a petition stating that they'were "dues pay-
ing members in good standing" of the I. B. E. W., and that they "hereby repudiate and
protest any individual or dual organization of C. I. 0 claiming to represent" them.
There were approximately 49 employees on the Company 's pay roll of August 6, 1940.
During the hearing the I. B. E. W. presented to the Trial Examiner a petition signed by
57 of the 60 employees on the Company's pay roll of October 20, 1940. This petition
stated that the signatories thereto authorized the I . B. E. W. to act in "full authority
for us." . ,
INSULINE CORP . OF AMERICA , INC. 813
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The
United urges that the pay roll of the Company for the period ending
closest to August 6, 1940, the date of the petition herein, be used to
determine eligibility to vote in the election. The I. B. E. W. stated
that it desired a pay roll of the Company as of October 30, 1940.
The Company urged the use of a pay roll of October 16, 1940, the
date of the expiration of the original contract between it and the
I. B. E. W. A representative of the Company testified that the
Company increases its personnel in the fall of each year to take care
of a seasonal increase in business and that in 1940 it hired its addi-
tional employees through the I. B. E. W. pursuant to the provisions
of its original contract with that labor organization. We find that
those eligible to vote in the election shall be the employees in the ap-
propriate unit who were on the Company's pay roll of October 16,
1940, the date of expiration of the November 1, 1939, contract, in-
cluding 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 who have
since quit or been discharged for cause.
- The United requested that in the event the Board directed an elec-
tion it appear'on the ballot as "Local 430, United Electrical, Radio
& Machine Workers of America, C. I. 0." The request is hereby
granted.
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 Insuline Corp. of America, Inc., Long
Island City, New York, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All production employees of the Company, including employees
in the machine shop, press department, inspection, assembly, aerial
bench, receiving and shipping departments, and stock-room employees,
but excluding porters, office and clerical employees, designing engi-
neers, foremen, superintendents, and executives, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
814 DECISIONS'OF ' NATIONAL LABOR RELATIONS BOARD
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
DIRECTED that , as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Insuline Corp. of America, Inc., Long Island City, New York,
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 Sec-
ond Region, acting in this matter as agent for the National Labor Re-
lations Board, and subject to Article III, Section 9, of said Rules and
Regulations , among all production employees of the Company whose
names appear on the Company's pay roll of October 16, 1940, includ-
ing employees in the machine shop, press department , inspection, as-
sembly, aerial bench, receiving and shipping departments, stock-room
employees,, employees who did not work during such pay-roll period
because they - were ill or on vacation and employees who were or have
since been temporarily laid off , but excluding porters, office and cleri-
cal employees , designing engineers , foremen, superintendents , execu-
tives, and employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by Local
430, United Electrical, Radio & Machine Workers of America, C. I. O.
or'by Local B-1010, International Brotherhood of Electrical Workers,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining , or by neither.