Wood Flong Corp.

National Labor Relations Board - Board Decisions

Nov 13, 1942

45 N.L.R.B. 578 (N.L.R.B. 1942)

In the 'Matter of WOOD FLONG CORPORATION and INTERNATIONAL
BROTHERHOOD OF PAPER MAKERS, AFFILIATED WITH THE AMERICAN
FEDERATION OF LABOR
Case No. B-4432.-Decided November 13, 1942
Jurisdiction : die mat manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to bargain with petitioner until certified by Board ; bargaining contract
held no bar where the record raised a substantial question as to the continued
existence of the contracting union and where substantially. the entire member-
ship of contracting union transferred their affiliation to petitioning organiza-
tion ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including shipping department, but excluding executives, super-
visory, sales, office, clerical and shipping clerical employees, and miscellaneous
named employees.
Mr. Richard J. Hickey, for the Board.
Mr. H. C. Friel, of Hoosick Falls, N. Y., for the Company.
Mr. John R. Jones, of Troy, N. Y., for the International.
Mr. Ernest R. Rehberger, of Stillwater, N. Y., for the Independent.
Mr. Louis A. Pontello, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition filed by International Brotherhood of
Paper Makers, affiliated with the American Federation of Labor,
herein called the International, alleging that a question affecting
ommerce had arisen concerning the representation of employees of
Wood Flong Corporation, Hoosick Falls, New York, herein called the
,Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Horace Ruckel, Trial
Examiner. Said hearing was held at Troy, New York, on October 19,
1942. The Company, the International, and Mat Makers' Union,
herein called, the Independent, appeared, participated, and were
afforded ,full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
45 N. L. R. B., No. 83. _
578
WOOD FLONG CORPORATION 579,
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Wood Flong Corporation, a New York corporation with its main
office and, factory in Hoosick Falls, New York, is engaged in the
manufacture, sale, and distribution of die mats for stereotyping and
related products. During the first 6 months of 1942, the Company's
purchases of raw materials, for use at its Hoosic Falls plant, consisting
of wood pulp and clay, were valued at $86,000, of which 941/2 percent
was shipped from sources outside the State of New York. During
the same period, the Company's sales of finished products amounted
to approximately $415,000, of which 75 percent was shipped to points
outside the State of New York. The Company admits that it is en-
gaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Paper Makers is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
Mat Makers' Union is an unaffiliated labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 20, 1942, the International advised the Company that it
represented a majority of the Company's employees, and requested a
conference for the purpose of discussing wages and working conditions.
On August 3, 1942, the Company, notified the International that it
would not negotiate with the International until it had been certified
by the Board.
On August 14, 1941, the Independent entered into a 2-year contract
with the Company effective until August 14, 1943. This-contract pro-
vides for a closed shop, and deals with wages, limited' seniority
rights, and other conditions of employment. On or about August 21,
1942, upon the refusal of the acting president of the Independent to-
call A special meeting, a, petition was circulated calling for such a
meeting to "consider and decide regarding the future and continuance
of the Mat Makers Union."' The petition was: signed by 62 employee
members of the Independent. As a result of this petition and pur-
suant to notice, a meeting was, held on August 23, ,1942, which was
presided' over by the treasurer of the organization, and attended by
580' DECISIONS OF ' NATIONAL 'LABOR RELATIONS BOARD
more than 20 members, which constituted a quorum for a meeting-
under the.Independent's bylaws. At this special meeting, a motion
to dissolve the Independent was adopted by a vote'of 40 to 1. The
Company was thereupon notified of the`dissolution of the Independent.
Shortly before this special meeting was held, the acting president
of the Independent posted a notice on the bulletin board in the Coin-
pany's plant which stated that the proposed meeting was,illegal and
in violation of the Independent's bylaws. A petition was circulated
after the special meeting and,signed by 50 members of the Inde-
pendent, which stated that the special meeting was properly called
and conducted according to the bylaws of the Independent. On
August,31, 1942, the acting president of the Independent advised the
Company that the action taken at the special meeting was not valid,
and that the Independent was still in existence. No meetings of the
Independent other than the special meeting mentioned above, have
taken place, nor have any dues been credited, since June 1942. It
further appears that substantially all the employees have designated
the International as their bargaining representative.
Without deciding whether the Independent has been-dissolved, we
are of the opinion that the facts set fDrth above establish that there
is substantial doubt as to the continued existence of the Independent
and its ability effectively to administer the contract in view of the
fact that virtually the entire membership no longer appears to desire
representation by the Independent. Under these circumstances, we
find that the contract does not preclude a present determination of
representatives'
A statement of the Regional Director introduced in evidence dis-
closes that the International' represents a substantial number of em-
ployees in the unit hereinafter found tobe appropriate.2
We find that a question affecting commerce has' arisen concerning
the representation• of employees of the ;Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE, APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties , that all
production and maintenance employees of the Company, including
shipping department employees , but excluding executives, supervisory,3
1 See Matter of National Lead Company and National council of Gas, Coke & Chemical
Workers, et al., 45 N' L R. B 182 ,; Matter of National Battery Co, paay and Inter.
national Brotherhood of Electrical Workers, Local Union B-1192, 28 N. L. it. B. 826.
2 The Regional Director reported that the International submitted 92 application cards,
87 of which were dated between July 19 and August 4, 1942. All of the cards bore
apparently genuine original signatures of persons whose names appeared on the Com-
pany ' s pay roll of August 5, 1942 , containing 103 employees in the, alleged unit. The
Independent relies upon its contract as establishing its interest.
3 The parties stipulated that the following are excluded as supervisory employees :
Harold C. Friel , production manager ; Henry Miles; night superintendent ; Aaron Brownell,
I
WOOD FLONG CORPORATION 581
sales, office clerical, and shipping clerical employees,' constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has,arisen
can best be resolved by an election by secret ballot. For the purpose
of determining eligibility to vote, the International suggests the use
of the pay roll preceding the.date of the filing of the petition; the
Company and the Independent urge the use of the pay roll immediately
preceding the date 'of the Direction of Election. We find no reason to
depart-from our customary practice, and shall direct that the persons
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 limitations
and additions set forth in the Direction.
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, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Wood Flong Cor-
poration, Hoosick Falls, New York, 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, 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 10, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were employed
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, or temporarily laid off, but
excluding employees who have since quit or been discharged for cause,
to determine whether they desire to be represented by International
Brotherhood of Paper Makers, affiliated with the American Federation
of Labor, or by Mat Makers' Union, for the purposes of collective
bargaining, or by neither.
foreman of the spray room ; William Powers , foreman of the finishers ; and Albert Metcalf
and William Cathcart, day foremen. It also appears that the parties stipulated to exclude
the consultant , as he was listed on an agreed list of exclusions.
The parties stipulated that the following should be excluded as office clerical 'or ship-
ping clerical employees : Alton Masten, John Graney , Harold Burgess, and Earl Kenney.