New Process Metals Corp.

National Labor Relations Board - Board Decisions

Mar 10, 1942

39 N.L.R.B. 631 (N.L.R.B. 1942)

In the Matter Of NEW PROCESS-METALS CORPORATION and INTERNA-
TIONAL UNION MINE, MILL, AND SMELTER WORKERS, AFFILIATED
WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-3565.-Decided March 10, 1942
Jurisdiction : flint manufacturing industry
Investigation and Certification of Representatives : existence of question: parties
stipulated that Company refused to accord union recognition until certified by
the Board; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at one of the Company's plants, including ten female packers, but
excluding office and supervisory employees; unit of employees at one of two
plants found to be appropriate notwithstanding contention of Company that
the unit should include employees of both plants since employee self-organiza-
tion has extended to, and not beyond, the one plant.
Mr. Harry L. Tepper, and Mr. Bernard I. Verney, of Newark,
N. J., for the Company.
Mr. Samuel L. Rothbard, of Newark, N.,J., for the Union.
Mr. Max E. Halpern, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 23, 1942, International Union Mine, Mill and Smelter
Workers, affiliated with the Congress of Industrial Organizations,
herein called the Union, filed with the Regional Director for the
Second Region (New York City) a petition alleging that a question
affecting commerce i had arisen concerning the representation of em-
ployees of New Process Metals Corporation, Newark, New Jersey,
herein called the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
February 12, 1942, 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
39 N. L. R. B., No. 115.
631
632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
On February 13, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and the
Union. Pursuant to notice , a hearing was held on February 19, 1942,
before John J. Cuneo, the Trial Examiner duly designated by the
Chief Trial Examiner. The Company and the Union were repre-
sented by counsel and participated in the hearing . Full opportunity
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 various rulings on
motions and on objections to the admission of evidence . ' The Board
has reviewed the rulings of ,the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
The Company filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
New Process Metals Corporation , •a New Jersey corporation, oper-
ates two plants in Newark , New Jersey , where it is engaged in the
Inanufacture , sale, and distribution of flints for cigar lighters, miners'
lamps and similar uses. During the 6 months prior to February 1942,
the Company purchased approximately 150 tons of cerium and iron,
representing approximately 90 percent of the total raw materials used
by the Company , valued in excess of $50,000, which were shipped to it
from points outside the State of New Jersey. During this period ap-
proximately 30 tons of its finished products , representing 90 percent of
its total finished products , valued in excess of $50,000 were distributed
by *it to points outside the State. During this same period the Com-
pany employed approximately 125 persons.
The Company admits that it is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATION INVOLVED
International Union Mine, Mill, and Smelter Workers is a labor
organization affiliated with the Congress of Industrial Organizations.
It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties agree, and we find, that a question has arisen concerning
the representation of employees of the Company in that the Company
refused to recognize the Union as exclusive bargaining representative
NEW PROCESS METALS CORPORATION 633
until certified by the Board. The statement of the Regional Director
introduced in evidence at the hearing shows that the Union represents
a substantial number of employees in the unit hereinafter found to be
appropriate.'
TV. THE LFFECT 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 parties agree that the appropriate unit shall consist of the
production and, maintenance employees, including 10 female packers,
but excluding office and supervisory employees. The Company opera
ates two plants, one located on Manufacturers Place, Newark, New.
Jersey, where the Company has 11 employees and another located on
Center Street, Newark, New Jersey, a half mile distant where the
Company has approximately 112 employees. The Union contends
that the employees of the Center Street plant constitute an appro-
priate unit. The Company asserts that the, unit should include the
employees of both plants. -
The first operation in the manufacture of the Company's product
is the production of cerium or Misch metal, a type of raw material
,made in electric furnaces out of certain chemicals. This process is
carried on exclusively in the Manufacturers Place plant. From here
it is shipped in the Company's truck to the Center Street plant where
it is mixed with iron to produce the alloy out of which the rods or
flints are cut in various sizes and then inspected, selected, and packed.
In support of its contention, the Company urges that its product is
manufactured in "one continuous process," that all its employees
work substantially the same hours and receive substantially the same
wages, that the plants are in close geographical 'proximity and are
operated under one general superintendent, through one office and
with one bookkeeping system. -
The Union commenced its organizational activities among the em-
ployees of the Center Street plant about December 15, 1941. Up
until the hearing the Union had no knowledge of the Manufacturers
I The Regional Director 's statement shows that the Union submitted 88 membership -application cards;
62 are dated between December 1941 and January 26, 1942 , 26 are undated, all signatures thereon appear to be
genuine and original , and 77 appear to be the signatures of persons on the Company's pay roll during the
week prior to January 23, 1942, which contains 113 employees in the alleged appropriate unit.
634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Place plant . It had confined its activity solely to the Center Street
plant.
Since employee self-organization has extended to, and not beyond,
the Center Street plant, we find that employees at this plant consti-
tute an appropriate unit. We find that all production and mainte-
nance employees of the Company 's Center Street plant, including 10
female packers , but excluding office and supervisory employees , consti-
tute a ' unit appropriate for the purposes of collective bargaining and
that said unit will insure to employees the full benefit of their right to
self-organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best ,be resolved by, and we shall accordingly direct, an
election by secret ballot among the employees 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.
Upon 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 New Process Metals Corporation within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All production and maintenance employees of the Company's
Center Street plant, including 10 female packers , but excluding office
and supervisory employees, constitute a unit appropriate for the
purposes of collective bargaining 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 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 bar-
gaining with New Process Metals Corporation , 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
NEW PROCESS METALS CORPORATION 635
the direction and supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Relations
Board, subject to Article III, Section 9, of said Rules and Regulations,
among all production and maintenance employees of New Process
Metals Corporation , who were employed at its Center Street plant
during the pay-roll period immediately preceding the date of this,
Direction, including 10 female packers and employees who did not
work during such pay-roll period because they were ill or on vacation
or in the active military service or training of the United States, or
temporarily laid off, but excluding office and supervisory employees
and employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Inter-
national Union Mine , Mill, and Smelter Workers, affiliated with the
Congress of Industrial Organizations , for the purposes of collective
bargaining. - '