Volney Felt Mills Inc.

National Labor Relations Board - Board Decisions

Nov 12, 1941

36 N.L.R.B. 839 (N.L.R.B. 1941)

In the Matter Of VOLNEY FELT MILLS INC. and INTERNATIONAL
BROTHERHOOD OF PAPER MAKERS, LOCAL # 414, AFFILIATED WITH THE
A. F. OF L.
Case No. R-3057-Decided November 12, 19141
Jurisdiction : roofing felt manufacturing industry.
Investigation ana Certification of Representatives : existence of question: re-
fusal of Company to accord union recognition until certified by the Board;
possibility of future .increase in number of employees held no ground for
delaying determination of representatives ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at Company's Mishawaka, Indiana, plant, excluding supervisory and
clerical employees.
Lederer, Livingston, Kahn c fldsit, by Mr. Harry H. Kahn, of
Chicago, Ill., for the Company.
Mr. John W. Bailey, of Albany, N. Y., for the Union.
Mr. Robert R. Hendricks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 7, 1941, International Brotherhood of Paper Makers,
Local #414, affiliated with the A. F. of L., herein called the Union,
filed with the Regional Director for the Thirteenth Region (Chicago,
Illinois) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Volley Felt
Mills Inc., Chicago, Illinois, herein called the Company, and request-
ing 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 September 13, 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 Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
3d N. L. R. B., No. 174. -
839
840 DECISIONS OF NATIONAL LABOR RELATIONS BOARD.
On September 15, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on September
25,.1941, at Chicago, Illinois, before Jack G. Evans, the Trial Exam-
iner duly designated by the Chief Trial Examiner . The Company
and the Union were represented and participated in . the hearing.
Full opportunity .to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues, was afforded all
parties. During the course of the hearing, the Trial Examiner made
various rulings on motions and on objections to the admission of evi-
dence. 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
The Company, a Delaware corporation, with its principal office
at Chicago, Illinois, is engaged in the manufacture of roofing felt at its
plant in Mishawaka, Indiana. In the course of operating the Misha-
waka, plant during the 2-month period immediately preceding the
hearing herein, the Company purchased raw materials valued at ap-
proximately $41,000, of which approximately 90 per cent was shipped
to the plant from points outside the State of Indiana. During the
same period, the Company sold and distributed roofing felt valued at
approximately $90,000, all of which was transported to points outside
the State of Indiana.
11. THE ORGANIZATION INVOLVED
International Brotherhood of Paper Makers, Local #414, is a labor
organization affiliated with the American Federation of Labor. It
admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 27, 1941, representatives of the Union met with officials
of the Company and sought recognition from the Company as the
collective bargaining representative of employees' at the Mishawaka
plant. The Company refused to recognize the Union until such time
as it had been certified by the Board. A statement made by the Trial
Examiner during the course of the hearing indicates that the Union
VOLNEY FELT MILLS, INC. 841
represents a- substantial number of employees in the unit alleged to
be appropriate.'
We find that a question has a risen concerning the representation
of employees of the Company.
1V. THE EFFECT OF TILE QUESTION CONCEIINING 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 claims that all production and maintenance employees,
excluding supervisory and clerical employees, in the Company's
Mishawaka, Indiana, plant constitute an appropriate unit. The
Company has not opposed a unit consisting of such employees.2
We find that all production and maintenance employees, excluding
supervisory and clerical employees, in the Mishawaka, Indiana plant
of the Company constitute a unit appropriate for the purposes of
collective bargaining, and we further find that said unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining, and otherwise will 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 means of an election by secret ballot.
The Company asserted at the hearing that the Mishawaka plant,
which resumed operations (after having been shut down for more
than a year) in June 1941; is not turning out. the maximum volume
of production which the Company is under contract to produce; that
the employment of some 15 to 30 additional men will be required in
'The Trial Examiner 's statement shows that the Union presented 25 application for
membership cards ; that 24 of said applications bore the apparently genuine signatures of
persons whose names appeared on the pay roll of the Company for September 15, 1941;
that 11 cards bore dates ranging from April to November 1940 ; that 11 cards bore dates
subsequent to July 1 , 1 941; that 3 cards either bore no dates or incomplete dates. The
pay roll of September 15, 1941 , contained the names of 59 employees . On September 20.
1941 , there were 54 employees on the pay roll.
2 The Company contended at the hearing, however , that its present factory staff has not
as yet been increased to the extent necessary for the plant to fully meet its production
schedules and hence , until the plant personnel has been brought up to the required strength,
there is no "appropriate unit ." For reasons set forth in Section VI, infra, we find this
contention to be without merit.
842 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
order for the plant to attain that maximum production. For that
reason, it opposes an election among its employees at the present time.
The Company neither stated nor attempted to approximate the
length of time which would be required in order to secure the ad-
ditional men. It appears, moreover, that the plant started operating
in June 1941, with 45 men on the pay roll; that on September 15,
1941, the pay roll contained 59 names; but that by September 20,
1941, the number of employees had dropped to 54. The Company
admitted , in addition , that it is , and has been, meeting the minimum
production required of it under the before -mentioned contract. The
possibility that additional men may be employed at some undeter-
mined future time in order to meet the needs of increased production
schedules does not, in our opinion, afford sufficient ground for de-
priving employees of the Company of their right to bargain col-
lectively at the present time.3 Under the circumstances , we see no
reason to delay our determination 'of representatives.
It was agreed between the parties at the hearing that, in the event
an election were ordered , it would not be necessary to send an ab-
sentee ballot to an employee identified as Cook, a person who, after
having been employed in the Mishawaka plant but 6 days, had en-
tered the military service of the United States . We see no reason
to depart from this stipulation of the parties and we shall, therefore,
exclude Cook from among those eligible to vote in the election.
In accordance with our usual practice , we shall direct that the
employees of the Company eligible to vote in the election shall be
those in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the above limitation and to such limitations and
additions as are set forth in the Direction.
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 rep-
resentation of employees at the Mishawaka, Indiana, plant of Volney
Felt Mills Inc., Chicago , Illinois, within the meaning of Section 9 (c)
and Section 2 (6) and ( 7) of the Act.
2. All production and maintenance employees of the Company at
its Mishawaka , Indiana, plant, excluding supervisory and clerical
employees , constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 -(b) of the Act.
8 See Matter of Kesterson Lumber Corporation and International Woodworkers of America,
Local 6-12, C. I. 0., 30 N . L. R. B., No. 14.
VOLNEY FELT NULLS, INC.
DIRECTION OF ELECTION
843
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, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, 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
with Volney Felt Mills Inc., Chicago, Illinois, 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 of Election, under
the direction and supervision of the Regional Director for the Thir-
teenth 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 production and maintenance employees
of the Company at its Mishawaka, Indiana, plant who were em-
ployed during the pay-roll period immediately preceding the date
of this Direction, including 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 (excluding Cook),
or temporarily laid off, but excluding supervisory and clerical em-
ployees and those employees who have since quit or been discharged
for cause , to determine whether or not they desire to be. represented
by the International Brotherhood of Paper Makers, Local #414,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining.
MR. GERARD D. RErLLY took, no part in the consideration of the
above Decision and Direction of Election.