General Chemical Co.

National Labor Relations Board - Board Decisions

Sep 9, 1944

58 N.L.R.B. 156 (N.L.R.B. 1944)

In the Matter of GENERAL CHEMICAL COMPANY, BUFFALO WORKS and
UNITED GAS, COKE AND CHEMICAL WORKERS OF AMERICA, C. I. O.
Case No. 3-R-840.-Decided September 9,1944
Kenefick, Cooke, Mitchell, Bass d Letchworth, by Mr. Lyman M.
Bass, of Buffalo, N. Y., for the Company.
Mr. Charles A. Doyle, of Niagara Falls, N. Y., for the United.
Mr. Neil J. Cunningham, of Buffalo, N. Y., for the A. F. of L.
Mr. Louis Cokin, of counsel to the Board.
DECISION
- AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Gas, Coke and Chemical Workers
of America, C. I. 0., herein called the United, alleging that a question
:affecting commerce had arisen concerning the representation of em-
ployees of General Chemical Company, Buffalo Works, Buffalo, New
York, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Milton
A. Nixon, Trial Examiner. Said hearing was held at Buffalo, New
York, on August 8, 1944. At the commencement of the hearing the
Trial Examiner granted a motion of Chemical Workers Union, Local
19636, A. F. of L., herein called the A. F. of L., to intervene. The
Company, the United, and the A. F. of L. appeared at and participated
in the hearing.' All parties were- afforded full opportunity to be
heard, to examirie_ and cross-examine witnesses, and to introduce
evidence bearing on the issues. During the course of the hearing, the
A. F. of L. moved to dismiss the petition. The Trial Examiner re-
served ruling thereon. The motion is hereby denied. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded opportunity
to file briefs with the Board.
1 Although District 50, United Mine Workers of America , was served with Notice of
Hearing, it did not appear.
58 N. L. R. B., No. 30.
156
GENERAL CHEMICAL COMPANY 1 57
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Chemical Company is a New York corporation operating
a plant at Buffalo, New York, known as the Buffalo Works, where it
is engaged in the manufacture and distribution of heavy chemicals.
Over 50 percent of the raw materials used by the Buffalo Works dur-
ing 1943 was shipped to it from points outside the State of New York.
During the same period the Company shipped about 20 percent of its
finished products to points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Gas, Coke and Chemical Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Chemical Workers Union, Local 19636, is a labor organization affili-
ated with the American Federation of Labor, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the United as the exclusive col-
lective bargaining representative of its employees until such time
as the United is certified by the Board.
On September 29, 1942, the Company and the A. F. of L. entered,
into an exclusive bargaining contract. The contract provides that
it shall remain in effect for 1 year and from year to year thereafter
unless notice of a desire to terminate is given by either party thereto
30 days prior to any annual expiration date. The United made its
claim upon the Company during April 1944. Inasmuch as the con-
tract is about to expire 2 and the C. I. O. made its claim prior to
August 29,1944, the date upon which the contract would automatically
have renewed itself, we find that the contract does not constitute a
bar to a determination of representatives at this time.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the United represents a substan-
tial number of employees in the unit hereinafter found to be
appropriate.8
' Matter of Atlantic Footwear Co., Inc., 5 N L R B. 252.
8 The Field Examiner reported that the United presented 113 membership application
cards bearing the names of persons who appear on the Company ' s pay roll for the period
158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
The United and the A. F. of L. urge that all hourly paid production,
utility, and maintenance employees at the Buffalo Works of the Coln-
pany'including watchmen, janitors, and non-militarized guards, but
excluding chemists, office employees, and supervisory employees con-
stitute an appropriate biirgaining unit. The- only controversy with
respect to the unit concerns guards. The United and the A. F. of L.
urge that they be included in the unit and the Company that they
be excluded.
The Company employs two guards who are bonded, uniformed, and
deputized by the city of Buffalo. In addition, the Company employs
two watchmen who are not uniformed. Both classes of employees
perform identical duties and functions. It further appears that one
of the guards is characterized by the Company as a head guard. The
head guard effectively recommends changes in the employment status
of the watchmen and guards, and prepares work schedules for them.
We find that the head guard is a supervisory employee, and as such,
we shall exclude him from the unit. It appears that none of the guards
or watchmen are militarized. Under the circumstances, we find that
the watchmen and guards, other than the head guard, should be in-
cluded in the unit.
We find that all hourly paid production, utility and maintenance
employees at the Buffalo Works of the Company, including watch-
men, non-militarized guards, and janitors, but excluding chemists,
office employees, the head guard, and any other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees 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.
ending July 17, 1944. There are approximately 125 employees in the appropriate unit.
The A F of L . did not present any evidence of representation but relies upon its contract
as evidence of its interest in the instant proceeding.
GENERAL CHEMICAL COMPANY
DIRECTION OF ELECTION
159
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 3, as amended, it is
hereby
DIRECTED that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with General Chemical
Company, Buffalo Works, Buffalo, New York, an election by secret
ballot shall be conducted as soon as possible, but not later than thirty
(30) days from the date of this Direction, under the direction and su-
pervision of the Regional Director for the Third Region, acting in this
matter as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, 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
said pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding any
employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to de-
termine whether they desire to be represented by United Gas, Coke
and Chemical Workers of America, C. I. 0., or by Chemical Workers
Union, Local 19636, A. F. of L., for the purposes of collective bar-
gaining, or by neither.