National Carbon Co., Inc.

National Labor Relations Board - Board Decisions

Mar 28, 1944

55 N.L.R.B. 785 (N.L.R.B. 1944)

In the Matter of NATIONAL CARBON COMPANY, INC., NIAGARA WORKS and
LOCAL #85, UNITED GAS, COKE & CHEMICAL WORKERS OF AMERICA,
C.I.O.
Case No. 3-B-739.-Decided March, 08, 1944
M11r. Milton A. Nixon, for the Board.
Mr. William C. Treanor, of New York City, for the Company.
Mr. Charles A. Doyle, of Niagara Falls, N. Y., for the C. I. O.
Mr. Ernest Cnrto, of Niagara Falls, N. Y., for the A. F. L.
Mr. Stanley Denlinger, of Akron, Ohio, and Mr. Rinaldo Cappel-
li., of Niagra Falls, N. Y., for District 50.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local #85, United Gas, Coke &
Chemical 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 National Carbon Company, Inc.,
Niagara Works, Niagara Falls, New York, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Peter J. Crotty, Trial Examiner.
Said hearing was held at Niagara Falls, New York on March 2, 1944.
The Company, the C. I. 0., the Bricklayers, Masons and Plasterers,
International Union, Subordinate Local 2, A. F. of L., herein called
the A. F. L., and District 50, United Mine Workers of America,
herein called District 50, appeared 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.
1 Although served with copy of the Notice of Hearing and the petition , the Independent
Employees Union and the Building Trades Council failed to appear at the hearing.
55 N. L. R. B., No. 142.
578129-44-vol . 55-51 785
786 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a New York corporation engaged at Niagara Falls,
New York, in the manufacture of carbon and graphite products.
During 1943, the Company used raw materials valued in excess of
$500,000, about 90 percent of which came from sources outside the
State of New York, and manufactured finished products valued in
excess of $500,000, about 75 percent of which was sent to points outside
that State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local #85, United Gas, Coke & Chemical Workers of America,
affiliated with the Congress of Industrial Organizations, Bricklayers,
Masons and Plasterers International Union, Subordinate Local 2,
affiliated with the American Federation of Labor, and District 50,
United Mine Workers of America, are labor organizations admitting;
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. 0. :is
the exclusive bargaining representative of certain of the Company's
employees until the C. I. O. has been certified by the Board in an
appropriate unit.
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.'
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.
2 The Field Examiner reported that the C 1 0 submitted ;(6G authorization cards, 262 of
which bore the names of persons appearing on the Company's pay roll of January 12, 1944,
which contained the names of 887 emplovees in the alleged appropriate unit The pay-roll
list, however, includes the names of about 16 bricklayers, whom the C I 0 does not desire
in the Unit
District 50 submitted 121 authorization cards 98 of which bore the names of persons
appearing on the aforesaid pay roll
The Independent submitted no evidence showing its representation
The A F L submitted to the Teal Examiuei at the bearing dues books showing current
membership of all of the Company s hr icklayei s in that om ganization
NATIONAL CARBON COMPANY, INC.
IV. THE APPROPRIATE UNIT
787
The parties stipulated that, except for the categories discussed
below, all employees on the hourly pay roll of the Company at its
Niagara Works, Niagara Falls, New York, at its three plants, namely,
National, Acheson, and Republic, including checkers and store clerks.
but excluding guards, clerical employees, office employees, salaried
employees, and all supervisory employees, constaute an appropriate
unit. bn addition, District 50 would incltlde bricklayers and watchmen;
white the Company, the C. I. 0., and the A. F. L. would exclude
bricklayers, and all but the C. I. O. would also exclude the watchmen.3
The A. F. L. has represented the Company's bricklayers in a sep-
arate unit since 1914, and has dealt with the Company in their behalf
in that craft unit. All of the Company's bricklayers are current dues-
paying members of the A. F. L. In view of the long history of col-
lective bargaining by the bricklayers on a craft unit basis, we shall
exclude them from the unit which we find appropriate.
The Company employs a total of nine watchmen at its three plants.
These watchmen are not in uniform, are unarmed, and are not mili-
tarized.` They patrol the company properties to guard against fire
and other hazards. Watchmen are paid on an hourly basis, receive
the same vacation and all privileges as do other employees of the
Company. We see no reason for excluding the watchmen. We shall
include them in the unit.
We find that all employees on the hourly pay roll of the Company
at its Niagara Works at its three plants, namely National, Acheson,
and Republic, including checkers, store clerks, and watchmen, but
excluding guards, clerical and office employees (except the checkers
and store clerks), salaried employees, bricklayers, and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend 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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
3 The position of the C 1 0 as to the watchmen is not wholly clear It does not include
them among its exclusions, however
S The guards, excluded by stipulation, are militai!zed.
788 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Re-
lations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with National
Carbon Company, Inc., Niagara Works, Niagara Falls, 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 Third
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found ap-
propriate 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 the 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 them-
selves in person at the polls, but excluding any 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 Local #85, United Gas, Coke & Chemical Workers
of America, affiliated with the Congress of Industrial Organizations,
or by District 50, United Mine Workers of America for the purposes
of collective bargaining, or by neither.