New Jersey Rubber Co.

National Labor Relations Board - Board Decisions

Feb 14, 1947

72 N.L.R.B. 653 (N.L.R.B. 1947)

In the Matter of NEW JERSEY RUBBER COMPANY, EMPLOYER and UNITED
RUBBER, CORK , LINOLEUM AND PLASTIC WORKERS OF AMERICA, CIO,
PETITIONER
Case No. 1-R-3453.-Decided February 14, 1947
Stoneman and Chandler, by Mr. Harold Zarling, of Boston, Mass.,
for the Employer.
Rothbard, Harris and Oxfeld, by Mr. Samuel Rothbard, of Newark,
N. J., for the Petitioner.
Messrs. Daniel J. Healy and Frank Norton, of Boston, Mass., for the
Intervenor.
Miss Eleanor Schwart2bach, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Taunton,
Massachusetts, on December 27,1946, before Robert E. Greene, hearing
officer. The hearing officer'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
I. THE BUSINESS OF THE EMPLOYER
New Jersey Rubber Company, a New Jersey corporation, has its
place of business at Taunton , Massachusetts , where it is engaged in
the manufacture of rubber heels, soles , and slabs for the shoe industry.
The Employer uses at its plant raw materials consisting of crude and
synthetic rubber, cotton flock, clay, silene, compounding oils, and red
oxide, of which more than 90 percent is received from points outside
the State of Massachusetts. During the first 6 months of 1946, the
Employer's finished products were valued at $752,648 .39, of which
approximately 18 percent was shipped to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
72 N. L. R. B., No. 125.
653
654 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
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.
On December 18, 1945, the Employer and the Intervenor entered
into a contract to remain in full force and effect until December 18,
1946. This contract was automatically renewable unless written
notice was given by either party 30 days prior to the termination of
the contract. On November 4, 1946, more than 30 days prior to the
first anniversary date of the contract, the Petitioner filed with the
Board the petition herein. By letter, dated November 5, 1946, the
Petitioner notified the Employer that it represented a majority of the
Employer's employees, and requested recognition as their exclusive
bargaining representative.
The Intervenor contends that the contract above noted is a bar
to a determination of representatives at this time. Inasmuch as the
Petitioner's petition was filed prior to the operative date of the auto-
matic renewal clause, we find that the contract is pot a bar to this
proceeding.
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
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
Rubber Workers Federal Labor Union, Local 23901, herein called
the Intervenor, is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
We find, in accordance with the agreement of the parties, that all
production and maintenance employees, excluding office and clerical
employees, executives, and all other supervisory employees with au-
thority 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.
0
NEW JERSEY RUBBER COMPANY
DIRECTION OF ELECTION
655
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with New Jersey Rubber Company,
Taunton, Massachusetts, 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 First Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period imme-
diately 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 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 dis-
charged 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 Rubber, Cork, Linoleum and Plastic Workers of America,
CIO, or by Rubber Workers Federal Labor Union, Local 23901,
A. F. of L., for the purposes of collective bargaining, or by neither.
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