The National Sugar Refining Company of New Jersey, L. I. City Refinery

National Labor Relations Board - Board Decisions

Jul 1, 1939

13 N.L.R.B. 492 (N.L.R.B. 1939)

In the Matter of THE NATIONAL SUGAR REFINING COMPANY OF NEW
JERSEY, L. I. CITY REFINERY and LOCAL #1476 , SUGAR REFINERY
WORKERS , INTERNATIONAL LONGSHOREMAN'S ASSN.
In the Matter of THE NATIONAL SUGAR REFINING COMPANY OF NEW
JERSEY, L. I. CITY REFINERY and UNITED SUGAR REFINERY WORKERS
(L. I. U. 580, C. I. 0.)
Cases Nos. B-1313 and R-1314, respectively .Decided July 1, 1939
Sugar Relining Industry-Investigation, of Representatives : controversy con-
cerning representation : rival organizations ; refusal of Company to bargain with
either organization until determination of question concerning representation by
Board-Unit Appropriate for Collective Bargaining: stipulated : all regular
employees , exclusive of stevedores , chauffeurs , chauffeurs ' helpers, persons on
the office pay roll, watchmen , and employees engaged in executive , technical, or
supervisory capacity-Election Ordered
Mr. Will Maslow , for the Board.
Blake and Voorhees , of New York City, by Mr. Giddings Howd,
for the Company.
Mr. John R. Owens, of Brooklyn , N. Y., for the I. L. A.
Liebman, Robbins , Pressman and Leider , of New York City, by Mr.
Harold Cammer, for the United.
Miss Margaret Holmes , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 14, 1939, Local 1476, Sugar Refinery Workers, Inter-
national Longshoreman's Association, herein called the I. L. A., filed
with the Regional Director for the Second Region (New York City)
a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The National Sugar Re-
fining Company of New Jersey, herein called the Company,' at its
Long Island City plant, and requesting an investigation and certifi-
cation of representatives pursuant to Section 9 (c) of the National
1 At the hearing the captions of both petitions, which incorrectly designated the Com-
pany, were amended to designate the Company by its proper corporate name.
13 N. L. R. B., No. 56.
492
THE NATIONAL SUGAR REFINING COMPANY 493
Labor ^ Relations Act, 49 Stat. 449, herein called the Act. On March
8, 1939, 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
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 March 9 , 1939, the Regional Director issued a notice
of hearing, copies of which were duly served upon the Company,
the I. L. A., and United Sugar Refinery Workers, Local Industrial
Union No. 580, affiliated with the Congress of Industrial Organiza-
tions, herein called the United, a labor organization claiming to repre-
sent employees directly affected by the investigation.
On March 10, 1939, the United filed a petition with the said Regional
Director, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of the Company at its Long
Island City plant, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the Act. On March 11,
1939, 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 1, as amended , ordered an investigation and
hearing with respect to the petition filed by the United and
authorized the Regional Director to conduct it, and, acting pursuant
to Article III, Section 10 (c) (2), of said Rules and Regulations,
further ordered that the cases involving the two petitions be consoli-
dated for the purposes of hearing and for all other purposes. On
March 13, 1939, the Regional Director issued a notice of hearing with
respect to the petition filed by the United, and on March 14, 1939,
the Regional Director issued a further notice designating the time
and place of hearing in the consolidated proceedings, copies of which
were duly served upon the Company, the I. L. A., and the United.
Pursuant to notice, a hearing was held on March 20 and 21, 1939,
at New York City, before Edward G. Smith, the Trial Examiner duly
designated by the Board. The Board, the Company, the I. L. A.,
and the United were represented 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 . At the opening of the hearing the I. L. A. moved for an
adjournment on the ground that certain alleged unfair labor practices
on the part of the Company should be disposed of before the question
concerning representation was considered . During the course of the
hearing, the I. L. A. filed charges with the Regional Director for the
Second Region, being Case No. II-C-2274, alleging that the Com-
pany had engaged in unfair labor practices within the meaning of
Section 8 (1) and (3) of the Act, thereby coercing its employees into
affiliating with and paying dues to the United. A copy of the charges
494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
was thereupon introduced in evidence, after which the I. L. A. re-
newed its motion to postpone the hearing until such charges had
been disposed of by the Board. • The Trial Examiner denied this
motion. At the conclusion of the hearing, the parties thereto stipu-
lated that if the Board should issue a complaint in Case No. II-C-2274,
decision in the representation proceedings should be deferred until
such complaint was disposed of on its merits; if however, no com-
plaint should be authorized in Case No. II-C-2274, the Board's de-
cision on the petitions should immediately be issued on the basis of
the evidence adduced at the hearing. On April 8, 1939, the Regional
Director refused to issue a complaint on the aforesaid charges and
her refusal was subsequently affirmed by the Board on appeal. The
Board has reviewed the Trial Examiner's ruling denying. the motion
of the I. L. A. to postpone the hearing, and has reviewed his rulings
,on other motions and on objections to the admission of evidence. The
Board finds that no prejudicial errors were committed and the rulings
are hereby affirmed.
Upon the basis of the entire record in the case, the Board makes,the
-following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The National Sugar Refining Company of New Jersey, a New
Jersey corporation, is engaged in the business of refining sugar. It
owns and operates two plants, one located in Long Island City, New
York, and the other in Edgewater, New Jersey. We are concerned
in this case with the Long Island City plant.
Raw sugar, the principal raw material used by the Company, is
imported from Puerto Rico, Cuba, the Philippine Islands, and Hawaii.
At its Long Island City plant the Company refines over 500,000,000
pounds of raw sugar annually, 60 per cent of which is sold and shipped
outside the State of New York. The Company stipulated at the
hearing that it is engaged in interstate commerce within the meaning
of Section 2 (6) and (7) of the Act.
At its Long Island City plant, the Company employs about 1,000
persons.
II. THE ORGANIZATIONS INVOLVED
Local No. 1476, Sugar Refinery Workers, International Longshore-
man's Association, is a labor organization affiliated with the American
Federation of Labor, admitting to its membership employees of the
Company at the Long Island City plant.
United Sugar Refinery Workers, Local Industrial Union No. 580,
is a labor organization affiliated with the Congress of Industrial
THE NATIONAL SUGAR REFINING COMPANY 495
Organizations, admitting to its membership employees of the Com-
pany at the Long Island City plant.
III. THE QUESTION CONCERNING REPRESENTATION
On September 7, 1937, the Board conducted a consent election in an
agreed unit of employees of the Company at its Long Island City
plant, to determine whether such employees desired the I. L. A. or
the United to represent them for the purposes of collective bargaining.
The United won the election by a slight majority. Thereafter, the
I. L. A. attempted, in a petition for investigation filed with the Board
on September 20, 1937, to have the aforesaid election set aside on the
grounds that the United had resorted to fraud and bribery in the
course of said election. The Board found no ground for setting aside
the election and therefore dismissed the petition of the I. L. A. in a
decision issued November 30, 1937.2
Thereafter, on December 17, 1937, the United and the Company
entered into a contract covering wages, hours, and working condi-
tions at the Long Island City plant, which was by its terms to expire
on October 6, 1938. On July 28, 1938, the United and the
Company entered into a new contract, which superseded the 1937
contract and was to be effective until June 30, 1939. On August 5,
1938, the I. L. A. filed a petition with the Board, seeking investiga-
tion and certification of representatives. Pursuant to notice, a hear-
ing was held on such petition at New York City on November 14
and 17, 1938, at which hearing the I. L. A., the United, and the Com-
pany were represented and in which they participated. Upon the
basis of all the evidence adduced at the November hearing, the Board
dismissed the petition filed by the I. L. A., without prejudice, how-
ever, to renewal at a reasonable time before the contract between the
United and the Company expired.3
On February 14, 1939, about 2 weeks before the United and the
Company were to commence negotiations for a renewal contract,4 the
1. L. A., filed the present petition with the Board. On March 1, the
United requested the Company to confer with it concerning a renewal
contract, but the Company refused on the grounds that the I. L. A.
had filed a petition for investigation and certification with the Board.
Thereafter, on February 28, the I. L. A., the United, and the Company
agreed that the Regional Director should conduct an election by secret
2 Matter of The National Sugar Refining Company of New Jersey and International
Longshoremen's Association, Local 1476, Sugar Refinery Workers, 4 N. L. R . B. 276.
s Matter of The National Sugar Refining Company of New Jersey, L. I. City Refinery
and Local 1476, Sugar Refinery Workers, International Longshoremen's Ass'n., 10 N. L.
R. B. 1410.
4 Although the contract did not expire until June 30, 1939, it contained a provision
for automatic renewal unless written notice of a desire to terminate or alter the
agreement were given by either of the parties at least 4 months prior to June 30, 1939.
496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ballot among the employees of the Company to determine which union
they desired to represent them for the purposes of collective bargain-
ing. The election, which was scheduled for March 7, was not held
because the I. L. A. withdrew its consent thereto on March 6. On
March 10, the United filed its petition with the Board, and pursuant
to the Board's order directing consolidation, the present hearing was
had on the two petitions. At the hearing the Company took the posi-
tion that it would not enter into a renewal contract with either union
until the question concerning representation had been determined by
the 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, occuring 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 affecting commerce and
the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing, the parties stipulated that the appropriate unit
should consist of all regular employees e of the Company at its Long
Island City plant, exclusive of stevedores, chauffeurs, chauffeurs'
helpers, persons on the office pay roll, watchmen, and employees en-
gaged in executive, technical, or supervisory capacity .6 We shall,
adopt the unit agreed upon by the parties.
We find that all regular employees of the Company at its Long
Island City plant, exclusive of stevedores, chauffeurs, chauffers' help-
ers, persons on the office pay roll, watchmen, and employees engaged
in executive, technical, or supervisory capacity, constitute a unit ap-
propriate for the purposes of collective bargaining and that' such unit
will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
51t was further stipulated between the pat ties that the term "regular employees"
should include only those employees who had been on the Company's pay roll 3 months
or longer. There was introduced in evidence a list of approximately 48 general utility
employees whom the parties agreed should be excluded from the appropriate unit because
they had not attained the status of regular employees at the date of the hearing.
The unit agreed upon in the present case differs from the one previously found by
the Board to be appropriate in that in the instant case temporary employees and
stevedores are expressly excluded.
THE NATIONAL SUGAR REFINING COMPANY
VI. THE DETERMINATION OF REPRESENTATIVES
497
In their petitions filed with the Board both the I. L. A. and the
United alleged that they represented a majority of employees in the
unit we have found to be appropriate. At the hearing all the parties
stipulated that the pay roll for the period ending February 25, 1939,
showing the names of 976 persons within the appropriate unit, should
be used to determine the validity of the conflicting membership claims.
The I. L. A. relied on the approximately 700 membership cards that
it had introduced in evidence at the November hearing to support the
allegations of its petition.7 These cards were signed by employees
of the Company during the months of July, August, and September,
1938. A comparison of such cards with the pay roll of February
25 reveals that less than 400 of the persons who signed I. L. A. cards
are within the appropriate unit.
The United introduced evidence of its dues collections from August
1938 to February 1939 to sustain the allegations of its petition. While
this evidence indicates that the United represented over 500 employees
in the appropriate unit during each month from August to February,
neither the names of such employees nor their membership cards were
introduced in evidence. The United then submitted in evidence a list
containing the names of 516 employees from whose pay checks it
claimed that United dues had been deducted by the Company during
the month of February 1939 pursuant to voluntary check-off author-
izations signed by United members. A check of this list against the
February 25 pay roll reveals that substantially all of the persons
whose names appear thereon are within the appropriate unit. These
check-off authorizations, however, were not presented for examina-
tion by the Board. Furthermore, a comparison of the names of the
516 employees who allegedly authorized the check-off of United dues
in February 1939 with the approximately 400 I. L. A. membership
cards which check against the February 25 pay roll reveals a con-
siderable number of duplications.
Under all the circumstances, we find that the question concerning
representation which has arisen can best be resolved by the holding
of an election by secret ballot. Those employees of the Company in
the appropriate unit who were employed during the pay-roll period
ending February 25,1939, including employees who did not work dur-
ing such pay-roll period because they were ill or on vacation, shall
eb eligible to vote, except those who have since quit or been discharged
for cause.
' By stipulation , the record in Matter of The National Sugar Refining Company of
New Jersey, L. I. City Refinery and Local 1476, Sugar Refinery Workers, International
Longshoremen's Ass'n, 10 N. L. R B. 1410, was expressly made a part of the record in the
present case.
498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the, above findings of fact and 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 The National Sugar Refining Company of
New Jersey, at its Long Island City plant, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela-
tions Act.
2. All regular employees of the Company at its Long Island City
plant, exclusive of stevedores, chauffeurs, chauffeurs' helpers, persons
on the office pay roll, watchmen, and employees in executive, technical,
or supervisory capacity, 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 Relations
Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining, an election by secret ballot shall be conducted within a
period of fifteen (15) days from the date of this Direction of Elec-
tion, under the direction and supervision of the Regional Director
for the Second Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of said
Rules and Regulations, among all regular employees of The National
Sugar Refining Company of New Jersey at its Long Island City
plant, who were employed during the pay-roll period ending February
25, 1939, including employees who did not work during such pay-roll
period because they were ill or on vacation, exclusive of stevedores,
chauffeurs, chauffeurs' helpers, persons on the office pay roll, watch-
men, and employees engaged in executive, technical, or supervisory
capacity and exclusive of those who have since quit or who have been
discharged for cause, to determine whether such employees desire to be-
represented for the purposes of collective bargaining by Local No.
1476, Sugar Refinery Workers, International Longshoreman's Asso-
THE NATIONAL SUGAR REFINING COMPANY 499'
ciation , affiliated with the American Federation of Labor, or by United
Sugar Workers, Local Industrial Union No. 580, affiliated with the
Congress of Industrial Organizations, or by neither.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.
[SAME TITLE]
AMENDMENT TO DIRECTION OF ELECTION
July 19, 1939
On July 1, 1939, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled proceeding, the election to be held within fifteen (15) days
from the date of the Direction, under the direction and supervision of
the Regional Director for the Second Region (New York City). The
Board, having been advised by the Regional Director for the Second
Region that a longer period within which to hold the election is neces-
sary, hereby amends the Direction of Election issued on July 1, 1039,
by striking therefrom the words "within fifteen (15) days from the
date of this Direction" and substituting therefor the words "within
forty-five (45) days from the date of this Direction."
MR. WILLIAM M. LEISERsoN took no part in the consideration of the
above Amendment to Direction of Election.
13 N. L. B. B., No. 56a.