Pittsburgh Plate Glass Co.

National Labor Relations Board - Board DecisionsAug 16, 1941

34 N.L.R.B. 341 (N.L.R.B. 1941)

In the Matter Of PITTSBURGH PLATE GLASS COMPANY , and PAINT, VARNISH & ALLIED PRODUCTS, LOCAL UNION #1310 OF THE BROTHER- HOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA, A. F. OF L. Case No. R-2840.-Decided August 16, 19.Â¢.1 - Jurisdiction : paint and varnish manufacturing industry. Investigation and Certification of Representatives : existence of question: Com- pany refused to accord union recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : hourly paid production, main- tenance, and shipping-room employees, including chauffeurs, but excluding watchmen, technical, sales, clerical, and supervisory employees. Mr. Fred Keightley, of Pittsburgh, Pa., for the Company. Mr. John C. Cogan, of Newark, N. J., Mr. Frank J. O'Connor, of Irvington, N. J., and Mr. Robert Roebuck, of Kearny, N. J., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 23, 1941, Paint, Varnish & Allied Products, Local Union #1310 of the Brotherhood of Painters, Decorators and Paperhangers of America, A. F. of L., herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Pittsburgh Plate Glass Company, Newark, N. J., herein called the Company, and requesting an investi- gation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 11, 1941, 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 au- 34 N L. R. B., No. 59. 341 451269-42-vol 34-2 .342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD thorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On July 16, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Union, and District 50, United Mine Workers of America. Pursuant to notice, a hearing was held on August 4, 1941, at New York City, before Christopher W. Hoey, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were repre- sented and participated in the hearing. District 50, United Mine Workers of America did not appear at 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 granted two motions of the Union to amend its petition as to certain formal matters. The Trial Examiner made several rulings on other 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Pittsburgh Plate Glass Company is a Pennsylvania corporation with its principal office at Pittsburgh, Pennsylvania. It operates a plant at Newark, New Jersey, with which we are here concerned, where it is engaged in the manufacture and distribution of paints and varnish. From February 1 to August 1, 1941, the Company used at the Newark plant 375,000 pounds of white lead, 1,000,000 pounds of zinc oxide, 2,500,000 pounds of titanium pigment, 280,000 bushels of flaxseed, 500,000 gallons of tung oil, 500,000 gallons of mineral spirits, and 150,000 gallons of lacquer solvents which were secured from sources outside the State of New Jersey. These figures represent about 90 per cent of the Company's total purchases of raw materials for use at its Newark plant during such period. During the same period, the Company shipped 3,000,000 gallons of paint, varnish, and lacquer, and 5,900,000 pounds of linseed oil from its Newark plant to points outside the State of New Jersey. These figures represent 95 per cent of the total finished products produced at the Newark plant during such period. The Company admits that it is engaged in interstate commerce within the meaning of the Act. 'II. THE ORGANIZATION INVOLVED Paint, Varnish & Allied Products Local Union #1310, of the Brotherhood of Painters, Decorators and Paperhangers of America PITTSBURGH PLATE GLASS COMPANY 343 is a labor organization affiliated with the American Federation of Labor. It admits to membership employees at the Newark plant of the Company. III. THE QUESTION CONCERNING REPRESENTATION In March 1941 the Union requested the Company to recognize it as the exclusive representative of the employees at the Newark plant of the Company. The Company denied this request until- such time as the Union is certified by the Board. A statement of the Regional Director, introduced into evidence at the hearing, shows that the Union represents a substantial number of employees in the alleged appropriate unit? 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, 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 APPPROPRIATE UNIT The Company and the Union agreed at the hearing, and we find, that all hourly paid production, maintenance, and shipping-room employees at the Newark plant of the Company, including chauffeurs, but excluding watchmen and technical, sales, clerical, and supervisory employees, constitute a unit appropriate for the purposes of collec- tive bargaining. We further find that said unit will insure to em- ployees of the Company the full benefit of their right to self-organi- zation 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 the holding of an election by secret ballot. We shall direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit who 1 The Regional Director reported that the Union presented 140 application for mem- bership cards bearing the names of persons who appear on the Company 's pay roll of June 13, 1941. There are 292 employees on this pay roll who are in the alleged appropriate unit. 344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limita- tions and additions as are set forth in the Direction. The Union requested that it appear on the ballot as "Paint Mak- ers Local 1310, A. F. of L." 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 Pittsburgh Plate Glass Company, Newark, New Jersey, within the meaning of section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All hourly paid production, maintenance, and shipping-room employees at the Newark plant of the Company, including chauffeurs, but excluding watchmen and technical, sales, clerical, and supervisory employees, constitute a unit appropriate for the purposes of collec- tive 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 Re- lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DumcTF.D that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Pittsburgh Plate Glass Company, 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 the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations, among all hourly paid production, maintenance, and, shipping-room employees at the Newark plant of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including chauffeurs, 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 watchmen, technical, PJPIISBURGH PLATE GLASS COMPANY 345 sales, clerical, 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 Paint Makers Local 1310, A. F. of L., for the purposes of collective bargaining. MR. EDWIN S. Sazrrn took no part in the consideration of the above Decision and Direction of Election.