National Lead Company, Titanium Division And Employees' Independent Union, Inc., Of Tie National Lead Company, Titanium Division, Sayreville, New Jersey, 903 (1945)

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SUMMARY

National Lead Company, Titanium Division And Lead Burners' Local Union No. 596 Of New Jersey & Vicinity, United Association, A. F. Of L.

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In the Matter of NATIONAL LEAD COMPANY, TITANIUM DivISION and EMPLOYEES' INDEPENDENT UNION, INC., OF TIE NATIONAL LEAD COMPANY, TITANIUM DIVIsION, SAYREVILLE, NEW JERSEY In the Matter of NATIONAL LEAD COMPANY, TITANIUM DIVISION and LEAD BURNERS' LOCAL UNION No. 596 OF NEW JERSEY & VICINITY,

UNITED ASSOCIATION, A. F. OF L.

Cases Nos. 4-R-1720 and 4-R-1725, respectively.-Decided September 14, 1945 Messrs. L. R. Strole and Eugene V. Francy, of South Amboy,

N. J., for the Company.

Mr. George L. Burton, of South River, N. J., for the Independent.

Mr. John M. Catterson, of Park Ridge, N. J., and Mr. James A.

Carney, of South Amboy, N. J., for the A. F. L.

Messrs. David Mandel and David Brown, of Perth Amboy, N. J., and Mr. Willard Y. Morris, of Washington, D. C., for the C. I. O.

Mrs. Catherine TV. Goldman, of counsel to the Board.

DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by Employees' Independent Union, Inc., of the National Lead Company, Titanium Division, Sayreville, New Jersey, herein called the Independent, and by Lead Burners' Local Union No. 596 of New Jersey & Vicinity, United Association, affiliated with the American Federation of Labor, herein called the A. F. L., alleging that a question affecting commerce had arisen concerning the representation of employees of National Lead Company, Titanium Division, Sayreville, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate consolidated hearing upon due notice before Herman Lazarus, Trial Examiner. The hearing was held at Perth Amboy, New Jersey, on June 7, 1945. At the hearing the Trial Examiner granted a motion to intervene made by International Union of Mine, Mill, and Smelter Workers, Local 594, affiliated with the Congress of Industrial Or ganizations, herein called the C. I. 0. The Company, the Independent, the A. F. L., and the C. I. O. appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The C. I. O. moved to dismiss the petitions on the grounds that the Independent had not made a substantial showing and the A. F. L. had not made a proper demand for recognition. The Trial Examiner reserved rulings on the motions for the Board. For reasons hereinafter stated, the motions are hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY National Lead Company, Titanium Division, a New Jersey corporation with its principal place of business at Sayreville, New Jersey, is engaged in the manufacture of titanium pigments and oleum.

The Company annually purchases in excess of $1,000,000 worth of raw materials, including ilmenite, pyrites, and sulphur, over 90 percent of which is shipped to the Company's plant at Sayreville, New Jersey, from points outside the State of New Jersey. The Company annually sells over $1,000,000 worth of its products, over 90 percent of which is shipped to points outside the State of New Jersey.

The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act.

II. THE ORGANIZATIONS INVOLVED Employees' Independent Union, Inc., of the National Lead Company, Titanium Division, Sayreville, New Jersey, is an unaffiliated labor brganization admitting to membership employees of the Company.

Lead Burners' Local Union No. 596 of New Jersey & Vicinity,

United Association, affiliated with the American Federation of Labor, is a labor organization admitting to membership.employees of the Company.

International Union of Mine, Mill, and Smelter Workers, Local 594, affiliated with the Congress of Industrial Organizations,...

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