Thermoid Co.

National Labor Relations Board - Board Decisions

Oct 24, 1940

27 N.L.R.B. 1090 (N.L.R.B. 1940)

In the Matter of THERMOID COMPANY and UNITED RUBBER WORKERS
OF AMERICA, LOCAL No. 83,, AFFILIATED WITH THE CONGRESS OF INDUS-
TRIAL ORGANIZATIONS
Case No. R-2108.-Decided October 204, 1940
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Samuel G. Zack, for the Board.
Mr. TV. D. Pardoe, of Trenton, N. J., for the Company.
Mr. O. H. Bosley, for the United.
Mr. Herbert J. Schiffhauer, of Buffalo, N. Y., for the Federated.
Mr. Louis Cokin, of counsel to the Board. ,
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 20, 1940, United Rubber Workers of America; Local
No. 83, affiliated with the Congress of Industrial Organizations, herein
called the United, filed with the Regional Director for the Fourth
Region (Philadelphia, Pennsylvania) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Thermoid Company, herein called the Company, engaged
in the manufacture, sale, and distribution of brake lining, fan belts,
clutch facings, radiator hose, auto carpet, bath mats, and industrial
rubber products at Trenton, New Jersey, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On September 13, 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 au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice. On October 1, 1940, the Com-
pany, the-United, Federated Industrial Union, herein called the Fed-
27 N L R B, No. 175
-1090
THERMOID COMPANY 1091
,crated, and the Regional Attorney for the Fourth Region entered into
d "STIPULATION FOR CERTIFICATION UPON CONSENT! ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
,ducted on October 10, 1940, under the direction and supervision of the
Regional Director, among all,employees at the Company's Trenton
plant, excluding all superintendents, assistant superintendents, fore-
men, assistant foremen, supervisory employees with the right to hire
or fire or recommend such action, timekeepers, checkers, office em-
ployees including both main and plant offices, time-study employees,
and all salaried employees not engaged in maintenance or production
work, to determine whether said employees desire to be represented
by the United, or by the Federated, or by neither. On October 12,
1940, the Regional Director issued and duly served upon the parties an
Election Report on the ballot.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total eligible to vote-------------------------------------- 1,100
Total number of valid ballots cast-------------------------- 1,000
Total number of ballots cast for the Federated Industrial
Union-------------------------------------------------- 405
Total number of ballots cast for the United Rubber Workers
of America, Local No. 83, affiliated with the C. I. 0_------ 544
Total number of ballots cast for neither organization----_--- 51
Total number of blank ballots----------------------------- 0
Total number of void ballots ------------------------------- 3
Total number of challenged ballots------------------------- 55
On October 14, 1940, the Federated filed objections to the conduct
of the election. On October 17, 1940, the Regional Director issued
a Report on Objections, copies of which were duly served upon all
parties. In his Report the Regional Director ruled that the objections
filed by the Federated are without merit. In the stipulation for "Cer-
tification upon Consent Election" entered into by all the parties, it
was agreed that the Regional Director should rule finally upon any
objections which may be filed to the Election Report or to the conduct
of the ballot.
Upon the basis of the stipulation, the Election Report, the Report
on Objections, and the entire record in the case, the Board makes the
following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Thermoid Company, Trenton, New Jersey,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act. '
1092 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. All employees at the Company 's Trenton plant, excluding super-
intendents , assistant superintendents , foremen, assistant formen,
supervisory employees with the right to hire or fire or, recommend
such action; timkeepers, checkers, office employees including both
main and plant offices, time-study employees, and all salaried em-
ployees not engaged in maintenance or production work, constitute a
unit appropriate for the purposes of collective bargaining , within the
meaning of Section 9 (b) of the National Labor Relations Act.
3. United Rubber `Yorkers of America, Local No. 83, affiliated with
the Congress of Industrial Organizations , has been designated and
selected by a majority of the employees in the above unit as their rep-
resentative for the purposes of collective bargaining and is the exclu-
sive representative of all the employees in said unit , within the mean-
ing 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
Relations Act
IT IS HEREBY CERTIFIED that United Rubber Workers of America,
Local No. 83, affiliated with the Congress of Industrial Organizations,
has been selected by a majority of the employees at the Trenton plant
of Thermoid Company, excluding superintendents, assistant superin-
tendents, foremen , assistant foremen , supervisory employees with the
right to hire or fire , or recommend such action , timekeepers , checkers,
office employees including both main and plant offices, time-study em-
ployees, and all salaried employees not engaged in maintenance or
production work; as their representative for the purposes of col-
lective bargaining, and that, pursuant to Section 9 (a) of the Act,
United Rubber Workers of America, Local No. 83, affiliated with the
Congress of Industrial Organizations , 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 con-
ditions of employment. ,