National Contain1er Corporation' And Wiiolesale & Warehouse Workers Union, Local 65, Cio, 48 (1945)

in the Matter of NATIONAL CONTAIN1ER CORPORATION' and WIIOLESALE & WAREHOUSE WORKERS UNION, LOCAL 65, CIO Case No. 2-R-5196.-Decided June 2, 1945 Davies, Auerbach, Cornell & Hardy, by Mr. Christopher W. Hoey, of New York City; and Saul and Marshall M. Bernstein, by Mr. Marshall M. Bernstein, of New York City, for the Company.

Mr. Robert Burke, of New York City, for the CIO.

Ashe and Riskin, by Mr. David I. Ashe, of New York City; and Mr.

Raymond Leon, of Long Island City, New York, for the AFL.

Mr. Samue? G. Hamilton, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Wholesale & Warehouse Workers Union,

Local 65, CIO, herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation of employees of National Container Corporation, Long Island City, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearingupon due notice before David H. Werther, Trial Examiner.

Said hearing was held at New York City, on March 26, 1945. At the hearing the Trial Examiner granted a motion to intervene made by U. S.

Corrugated Workers Union, Local 444, International Brotherhood of Pulp,

Sulphite & Paper Mill Workers, A. F. of L., herein called the AFL. The Company, the CIO, and the AFL 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. At the hearing the Company and the AFL separately moved to dismiss the petition. Rulings on the motions were reserved for the Board. For the reasons stated in Section III, infra, the motions are hereby denied. The Trial Examiner's SName as amended at the hearing.

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 Container Corporation is a Delaware corporation which operates a plant, involved in this proceeding, at 30-01 Review Avenue, Long Island City, New York. It is there engaged in the manufacture of fibre and corrugated boxes or cartons. During the last 12 months raw materials valued in excess of $100,000 were purchased by the Company for use at its Long Island City plant, approximately 90 percent of which was shipped to that plant from points outside the State of New York. During the same period the Company shipped from its Long Island City plant finished products valued in excess of $100,000,.approximately 75 percent of which was shipped to points outside the State.

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

2. THE ORGANIZATIONS INVOLVED Wholesale & Warehouse Workers Union, Local 65, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company.

   U. S. Corrugated Workers Union, Local 444, International Brotherhood of Pulp, Sulphite & Paper Mill Workers, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company.

3. THE QUESTION CONCERNING REPRESENTATION On September 24, 1941, the Company and the AFL entered into a closedshop contract, effective October 1, 1941, which provided, in part, as follows:

   This agreement shall be effective from October 1st, 1941 to December 31, 1942 and from year to year, thereafter, subject to termination by either party on any anniversary date, on thirty (30) days written notice, given to the other party prior to such anniversary date.

   In January 1943, an application was filed with the National War Labor Board for approval of a wage increase agreed upon between the Company and the AFL in September 1942, prior to the effective date of the Stabilization Act of 1942.2 The National War Labor Board did not rule on the application until about December 15, 1943, when it decided that its approval was not needed if the increase was made retroactive to October 1, 1942. At 2 Act of October 2, 1942, 56 Stat. 765.

   the suggestion of the National War Labor Board, the application was then withdrawn. Thereafter, the Company granted the wage increase, retroactive to October 1, 1942. On November 21, 1944, the AFL, by its president, addressed a letter to the Company stating that the AFL, 'desires to amend for the ensuing year the current collective agreement between the parties.' On November 22, 1944, the CIO filed its petition herein. On November 28, 1944, the CIO advised the Company by letter of its action; this letter was received by the Company the following day.:...