The Barrett Co.

National Labor Relations Board - Board Decisions

Jun 15, 1940

24 N.L.R.B. 734 (N.L.R.B. 1940)

In the Matter of THE BARRETT COMPANY and LOCAL 12024, DISTRICT
50, UNITED MINE WORKERS OF AMERICA (C. I. O.)
Case No. B-185-4.-Decided June 15, 1940.
Road Tar and ' Pitch Manufacturing Industry-Investigation of Represent-
atives: controversy concerning representation of employees : refusal of employer
to recognize petitioning union until certification-Unit Appropriate. for Collec-
tive Bargaining : all production and maintenance employees , exclusive of clerical
and supervisory employees ; agreement as to-Representatives : proof of choice :
authorization cards signed by majority of employees in unit, authenticity of
checked and conceded ; certification upon evidence unopposed by Company-
Certification of Representatives : upon proof of majority representation.
Mr. Harry L. Lodish, for the Board.
Mr. Joseph Appelbaum, of Washington, D. C., and Mr. Walter S.
Ross, of Toledo, Ohio, for the Union.
Mr. Norman M. Neel, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On April 11, 1940, Local 12024, District 50, United Mine Workers
of America (C. I.O.) , herein called the Union, filed with the Regional
Director for the Eighth Region (Cleveland, Ohio) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of The Barrett Company, Toledo, Ohio, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On May 9, 1940,
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 authorized the Regional Direc-
tor to conduct it and to provide for an appropriate hearing upon
due notice.
24 N. L. R. B., No. 73.
734
WILSON & COMPANY 733
appear upon the pay roll of the company for the week next preceding
the date of this Supplemental Direction of Election, including em-
ployees who did not work during such pay-roll period because they
were ill, on leave, or on vacation, and including employees who were
then or have since been temporarily laid off but who have retained
seniority standing with the company, but excluding foremen, assistant
foremen, clerical and office employees, teamsters, supervisory em-
,ployees,, checkers, and employees who have since quit or been dis-
charged for cause to determine whether they desire to be represented
by Local #6, United Packinghouse `Yorkers of America, of the Pack-
inghouse Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations or by Workers' Union for the purposes
of collective bargaining, or by neither.
THE' BARRETT COMPANY 735
On May 15, 1940, the Regional' Director issued a notice of hearing,
copies of which were duly, served upon the Company, counsel for the
Company, and upon the Union. Pursuant to notice a hearing was
held, on May 23, 1940, before Albert L. Lohm, the Trial Examiner
duly designated by the Board. The Board by its counsel and the
Union by its representative participated, in the hearing, " the Com-
pany stating that it did not wish to be represented. Full opportunity
to be heard, to examine and cross-examine witnesses., and to introduce
evidence bearing on the issues was afforded to all parties.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY 1
The Company , a New Jersey corporation , is a wholly owned sub-
sidiary of the Allied Chemical and Dye' Corporation , having its prin
cipal office , in New York City and branch offices in Chicago , Illinois,
,Birmingham, Alabama , as well as Toledo, Ohio: Only employees
of the Company at work, at the Toledo plant are involved in this
proceeding, there being 19 such employees. .
The principal products manufacture d at the Toledo plant are road
tars and pitches in the production of which coal tar is the chief raw
material used. During the past 6 months 50' per cent of the raw
materials used in the process of manufacture came from" points outs
side the State of Ohio, and 35 per cent of- the finished products
were shipped to points outside the State of Ohio. The Company
concedes the jurisdiction of the.Board in this proceeding.. -
II. THE ORGANIZATION INVOLVED
Local 12024 , Gas and By -product Coke Workers,, District 50, United
Mine Workers of America, is ' a labor organization affiliated with the
Congress of Industrial Organizations , admitting to membership pro-
duction and maintenance employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In reply to a request made by the Union for exclusive recognition
as the representative of the employees of the Company, on March
15, 1939, the Company questioned the Union's assertion that it rep-
resented a majority and refused to recognize it until the Board had
certified the Union as the exclusive bargaining representative.'
' The findings in this section are based upon a written statement made by counsel for
the Company in response to questions propounded by Field Examiner John P. Chapman,
which was introduced in evidence without objection.
736 DECISIONS OF NATIONAL LABOR . RELATIONS BOARD
We find that :a: question has arisen concerning 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 APPROPRIATE UNIT
. The Union claimed that all production and maintenance employees,
exclusive of clerical and supervisory employees, constituted an appro-
priate unit. By letter to the Field Examiner for the Board dated
May 3, 1940, the Company conceded that unit to be appropriate.'
We find that all production and maintenance employees of the
Company, exclusive of supervisory and clerical employees, constitute
a unit appropriate for the purposes of collective bargaining and. that
said unit will insure to the employees of the Company 'the full bene-
fit of their right to self-organization and to collective bargaining,
and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Company employs 19 persons in the unit which we have found
appropriate. At the hearing the Union introduced the signed appli-
cation cards 3 of 16 employees. A comparison of the signatures on
these cards with those on the Company's records showed them to be
genuine signatures of the Company's employees. The Union requests,
and the Company does not oppose,4 certification of the Union upon
the basis of the evidence adduced at'the hearing.
2 In a prior letter to the Regional Director dated April 16, 1940, the Company con-
ceded that the appropriate unit properly consisted of maintenance men, pump men,
steel men and firemen , laborers , janitors , and truck drivers, which we find on the basis
of the record to comprise the same employees as those covered in the letter of May 3.
i.By the terms of the cards , the applicants declared , "I hereby request and accept
membership in the United Mine workers of America , District , No. 50, comprising the
Gas and By -Product Coke workers, and of my own free will authorize it, its agents or
representatives to act? for me as a collective bargaining agency in all matters pertaining
to pay rates , wages, hours of employment and other conditions of employment."
4In a letter to the Field Examiner for the Board , dated May 3, 1940, counsel for the
Company stated, "I am also authorized to say that the Company will make no objection
to the Board finding, certifying or designating the petitioning union from a check of
union membership cards against the pay roll
'THE BARRETT COMPANY 737
We find that the Union has been designated and selected by a
majority of the employees in the appropriate unit as their representa-
tive for the purposes of collective bargaining. The Union is, there-
fore, the exclusive representative of all the employees in such unit
for. the purpose 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 or LAW
1. A question affecting commerce .has arisen concerning the repre-
sentation of employees of The Barrett Company, Toledo, Ohio,
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, ex-
clusive of.supervisory and clerical employees, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) 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, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Local 12024, District 50, United Mine
Workers of America (C. I. 0.) has been designated and selected by
a majority of the production and maintenance employees of The
Barrett Company, Toledo, Ohio; exclusive of supervisory and clerical
employees, as their representative for the purposes of collective bar-
gaining, and that pursuant to Section 9 (a) of the National Labor.
Relations Act, Local 12024, District 50, United Mine Workers of
America -(C. I. 0.), is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, and other conditions of
employment. -