Royal Warehouse Corp.

National Labor Relations Board - Board Decisions

Sep 22, 1938

8 N.L.R.B. 1218 (N.L.R.B. 1938)

In the Matter of ROYAL WAREHOUSE CORP . and ROYAL GLASSWORKS
CORP. and GLASS WAREHOUSE WORKERS AND PAINT HANDLERS LOCAL
UNION No. 206
Case No. B-838.-Decided September 22, 1938
Glass Distributing and Warehouse Industry-Investigation of Representa-
tives: controversy concerning representation of employees : controversy con-
cerning appropriate unit ; refusal by employer to recognize petitioning union-
Unit Appropriate for Collective Bargaining : production and distribution em-
ployees of both Companies , excluding supervisory and clerical employees , watch-
men, salesmen , and mechanics ; interchangeability of employees ; organization
of business-Representatives : proof of choice : comparison of pay roll with
union membership cards and dues books-Certification of Representatives: upon
proof of majority representation.
Mr. Albert Ornstein, for the Board.
Mr. Albert Manneheimer, of New York City, for the Company.
Mr. Moe Silver, Mr. Jacob Rappaport, and Mr. John Masso, all of
New York City, for the Union.
Mr. Francis•V. Paone, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On April 25, 1938, Glass Warehouse Workers and Paint Handlers,
Local Union No. 206, 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 repre-
sentation of 'employees of Royal Glass Works Corporation, Long
Island City, New York, herein called Royal Glass Works, and re-
questing an investigation and certification of representatives pursuant
to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the At. On May 10, 1938, the Union filed with the
Regional Director an amended petition, alleging that the question
concerning representation which had arisen also concerned the em-
ployees of Royal Warehouse Corporation, Long Island City, New
York, herein called Royal Warehouse.' On May 17, 1938, the Na-
1 Royal Glass Works and Royal Warehouse are herein collectively called the Companies.
8 N. L R ,B., No. 150.
1218
DECISIONS AND ORDERS 1219
tional Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On June 7, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Companies and Upon the
Union. Pursuant to the notice, a hearing was held on June 14, 1938,
at New York City, before James C. Paradise, the Trial Examiner
duly designated by the Board. The Board and the Companies were
represented by counsel and the Union by its business agent, and all
parties 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 the parties. During the course
of the hearing the Trial Examiner made several rulings on motions
and on objections to the admission of evidence. The Board has re-
viewed 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
I. THE BUSINESS OF THE COMPANIES
Royal Glass Works Corporation, a New York corporation having
its office and place of business in Long Island City, New York, is
engaged in purchasing and selling glass for building purposes. It
obtains over 90 per cent of its glass from sources outside of the State
of New York, and approximately 20 per cent of its sales are made to
customers outside the State of New York.
Royal Warehouse Corporation, a New York corporation having
its office and place of business in Long Island City, New York, is
engaged in storing and trucking materials for Royal Glass Works and
other companies, the majority of which are located outside of the
State of New York. The greater part of the merchandise stored by
Royal Warehouse comes from without the State of New York and
about 20 per cent of its trucking involves deliveries outside the State
of New York.
The same three persons hold all the offices and directorships in both
companies, although their positions in the two companies' differ
somewhat. David Broadwin, an official in each company, directly or
indirectly, controls the majority of the stock in both companies. Jay
11721339-vol. 8-78
1220 NATIONAL LABOR RELATIONS BOARD
Silverberg , secretary of each company , normally handles labor contro-
versies arising with respect to employees of both companies.
The Companies occupy space in the same building at 23 -50 50th Ave-
nue, Long Island City, the entire space being leased by Royal Glass
Works, which, under an informal agreement, sublets a portion to
Royal Warehouse . The latter also uses for storage purposes a ware-
house building on Borden Avenue, opposite the 50th Avenue building.
A single foreman is the principal supervisory employee for both com-
panies, and a common switchboard is maintained . Trucks of Royal
Warehouse do all the trucking for Royal Glass Works. Although
each company has a separate pay roll for its respective employees and
each files separate tax returns , the employees of each company are
frequently engaged on work of the other company. Bookkeeping
adjustments are made from time to time by the two companies to cover
the trucking and telephone charges and the use of the services of
employees of one company by the other company.
II. THE ORGANIZATION INVOLVED
Glass Warehouse Workers and Paint Handlers Local Union, No.
206, is a labor organization affiliated with the American Federation
of Labor, admitting to its membership all employees of the two
Companies , excluding supervisory and clerical employees , watchmen,
salesmen, and mechanics.
III. THE QUESTION CONCERNING REPRESENTATION
The Union began its organizational activities in October 1936 and
in January 1937 received a charter from the International Brotherhood
of Painters , Decorators and Paperhangers of America , affiliated with
the American Federation of Labor. Thereafter, the Union on a num-
ber of occasions informed officials of the two companies that it repre-
sented a majority of their production and distribution employees and
sought recognition as the exclusive bargaining representative of such
employees . The Companies , however, refused to grant such recogni-
tion. As a consequence , employees of the Companies went on strike
on April 15, 1938. This strike was still in progress at the time of
the hearing . At the hearing, the Companies contested the claim of
the Union that it represented the majority of the production and
distribution employees.
We find that a question has arisen concerning the representation
of employees of the Companies.
DECISIONS AND ORDERS 1221
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 operation of the Companies
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 and has led to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union claims that all production and distribution employees
of the Companies, excluding clerical and supervisory employees,
watchmen, salesmen, and mechanics, constitute a single unit appro-
priate for the purposes of collective bargaining. The Companies
contend that two bargaining units are appropriate, one composed of
the employees of Royal Glass Works and the other composed of the
employees of Royal Warehouse. We have carefully considered in
Section I above, the facts pertaining to the relationship between the
Royal Glass Works and the Royal Warehouse. As we have noted,
the two Companies are separate legal entities, maintain separate pay
rolls, and file separate tax returns.
However, we have also noted that the Companies are closely con-
nected physically and through 'substantially identical stock owner-
ship and directorates. There is also some interchange of employees.
One individual, Silverberg, has handled labor controversies arising
with respect to employees of both companies. The relationship of
the two Companies is such that the ultimate control over the labor
policies of both unquestionably rests in the same hands. Under all
the facts, we are of the opinion that the employees of both Com-
panies should be included within a single unit.
We find that the production and distribution employees of Royal
Glass Works and Royal Warehouse, excluding supervisory and cleri-
cal employees, watchmen, salesmen, and mechanics, constitute a unit
appropriate for the purposes of collective bargaining and that said
unit will insure to the employees of the Companies the full benefit
of their right to collective bargaining, and otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
There were introduced in evidence lists of persons on the pay roll
of each Company for the period April 11 to 16, 1938; the last pay-roll
1222 NATIONAL LABOR RELATIONS BOARD
date prior to the strike. The list pertaining to Royal Glass Works
contained the names of 32 employees within the appropriate unit
and the list pertaining to Royal Warehouse contained the names of
5 employees within the appropriate unit. Thus, the two Companies
during the period ending April 16, 1938, employed 37 persons within
the appropriate unit.
There were also introduced in evidence dues books and application
membership blanks signed by the employees of Royal Glass Works
and Royal Warehouse. Counsel for the Companies conceded the
authenticity of signatures appearing thereon. A comparison of the
said pay-roll lists and the dues books and application membership
blanks shows that 28 of the 37 employees on the pay-roll lists signed
dues books and application membership blanks.
We find that the Union has been designated and selected by a
majority of the employees in the appropriate unit as their repre-
sentative for the purposes of collective bargaining, and we will so
certify. •
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 Royal Glass Works Corporation, Long
Island City, New York, and Royal Warehouse Corporation, 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. The production and distribution employees of the two Com-
panies, excluding clerical, supervisory, watchmen, salesmen, and me-
chanics, constitute a single unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the Na-
tional Labor Relations Act.
3. Glass Warehouse Workers and Paint Handlers Local Union
No. 206 is the exclusive representative of all the employees in such
unit for the purposes of collective bargaining, within the meaning of
Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 1, as amended,
IT Is HEREBY CERTIFIED that Glass Warehouse Workers and Paint
Handlers Local Union No. 206 has been designated and selected by
DECISIONS AND ORDERS 1223
a majority of the production and distribution employees of the Royal
Glass Works Corporation, Long Island City, New York, and Royal
Warehouse Corporation, Long Island City, New York, excluding
clerical, supervisory, watchmen, salesmen, and mechanics, as their
representative for the purposes of collective bargaining and that,
pursuant to the provisions of Section 9 (a) of the Act, Glass Ware-
house Workers and Paint Handlers Local Union No. 206 is the ex-
clusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of em-
ployment, and conditions of employment.