Lion Chemical Corp.

National Labor Relations Board - Board Decisions

Feb 7, 1944

54 N.L.R.B. 1124 (N.L.R.B. 1944)

In the Matter of LION CHEMICAL CORPORATION, OPERATORS OZARK
ORDNANCE PLANT and INTERNATIONAL ASSOCIATION OF MACHINISTS,
LOCAL No. 224, AFFILIATED WITH THE A. F. OF L.
In the Matter of LION CHEMICAL CORPORATION and INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL UNION No. 382, AFFILIATED
WITH AMERICAN FEDERATION OF LABOR
Cases Nos. 15-R-1008 and 15-R-1039 respectively.Decided
February 7, 1944
Mr. Jeff Davis, of El Dorado, Ark., for the Company.
Mr. V. C. Clark, of New Orleans, La., for the I. A. M.
Mr. E. W. Hildebrand, of Little Rock, Ark., for the Engineers.
Mr. Joe D. McGee, of Fort Worth, Tex., for the C. I. O.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by International Association of Machin-
ists, Local No. 224, affiliated with the A. F. of L., herein called the
I. A. M. and International Union of Operating Engineers, Local Union
No. 382, affiliated with the A. F. of L., herein called the Engineers,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Lion Chemical Corporation, El Dorado,
Arkansas, herein called the Company, the National Labor Relations
Board provided for an appropriate consolidated hearing upon due
notice before Lawrence H. Whitlow, Trial Examiner. Said hearing
was held at El Dorado, Arkansas, on December 3, 1943. The Company.
the I. A. M., the Engineers, and Oil Field Workers International-
Union, affiliated with the C. I. 0., herein called the C. I. 0., appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing upon the issues. The Company moved for the dismissal of the
petitions on the ground that the Board lacks jurisdiction in the matter.
The motion is hereby denied. The Trial Examiner's rulings made
54 N. L. R. B., No. 170.
1124
LION CHEMICAL CORPORATION 1125
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded 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
Lion Chemical Corporation is a Delaware corporation engaged in
the operation of a chemical manufacturing plant at El Dorado, Ar-
kansas, for the United States Government. Each month the Company
uses gas valued at approximately $30,000, all of which is piped to the
plant from, the State of Louisiana. During the same period the
Company manufactured finished products valued at approximately
$300,000, approximately 50 percent of which was shipped to points
outside the State of Arkansas. We find that the Company is engaged
in commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, Local No. 224, and Inter-
national Union of Operating Engineers, Local Union No. 382, are
labor organizations, affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
Oil Field Workers International Union, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The I. A. M. and the ,Engineers have requested recognition as the
exclusive bargaining representative of certain employees of the Com-
pany; the Company failed to reply to such requests.
A statement prepared by the Regional Director, introduced in
evidence, indicates that the I. A. M. and the Engineers represent a
substantial number of employees in the unit each alleges to be
appropriate."
1 The Regional Director 's statement shows that the I . A. M. submitted a certificate con-
taining 37 names of members who had joined between March 1, and September 26, 1943.
Twenty-nine of the names found on the certificate were the same names as appeared on
the Company 's pay roll of September 26, 1943; there are approximately 49 employees in
the unit alleged to be appropriate.
The Engineers submitted 185 membership cards, 182 of which bear apparently genuine
signatures , and 102 of which bear names of persons whose names are listed on the Com-
pany 's pay roll mentioned above ; there are approximately 333 employees in the unit
alleged , to be appropriate.
The C. I. O. submitted - seven application cards, all of which bear apparently genuine
signatures and the names of persons listed on the above-mentioned pay roll in the unit
alleged to be appropriate.
1126 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 UNITS
The I. A. M. requests a unit comprised of all maintenance em-
ployees, garage mechanics and helpers, engaged in the installation,
maintenance and repair of machinery and equipment, including head
mechanics, senior mechanics, mechanics , junior mechanics , senior
helpers, 'and helpers. The Engineers seeks a unit comprised of all
production employees, exclusive of maintenance employees,2 clerical
and office employees, employees in the chemical department, plant
guards, non-working foremen, and supervisory employees. The Com-
pany and the C. I. O. contend that a plant-wide unit is appropriate.
The record shows no history of collective bargaining with respect to
the employees in the units here sought.
The record reveals that the only apparent reason for the Company's
desire for a plant-wide unit is that such unit not only will eliminate
the necessary of negotiating with more than one bargaining represent-
ative for its employees but will also eliminate the possibility of de-
partmental friction that might otherwise arise in the event that
departmental units are found to be appropriate. The C. I. O. offered
no evidence to support the appropriateness of a plant-wide unit.
However, the record shows that the unit sought by the I. A. M. is
composed, for the most part, of maintenance men, such as machinists,
pipe fitters, plumbers, carpenters, painters, electricians, and auto
mechanics.3 Other than an unappreciable interchange of helpers be-
tween the maintenance department and the production departments,
the duties of the employees enumerated above are confined solely to
maintenance work. All maintenance employees work under two
supervisory employees who in turn are under the supervision of
the superintendent of maintenance. Since the maintenance employees
are under singular supervision; possessing duties and skills which are,
for the most part mechanical and differing from those of the other
employees of the Company, and since it appears that there is no
appreciable interchange of employees between the maintenance and
production departments, we find that the maintenance employees con-
stitute an appropriate unit.
The unit sought by the Engineers is comprised of all employees
engaged in production operations. The duties of these employees are
those usually associated with ordinary production workers. As stated
O The classification "maintenance employees" Is intended by the Engineers to mean all
the employees in the unit requested by the I: A. M.
3 The various maintenance "employees are designated on the Company's pay roll as head
mechanics, senior mechanics, mechanics, senior helpers, and helpers.
LION CHEMICAL CORPORATION 1127
above, the Company and the C. I. O. desire a plant-wide unit. How-
ever, neither the Company nor the C. I. O. offered any evidence to.
support their contention that, the unit sought by the Engineers is in,
appropriate. Under the circumstances here present, we conclude that
all employees engaged in production operations constitute an appro-
priate unit.
We find that the following groups of the Company's employees in
the El Dorado, Arkansas, plant, constitute units appropriate for the
purposes of collective bargaining, within the meaning of Section 9 (b)
of the Act.
(1) All maintenance employees, including garage mechanics, and
helpers engaged in the installation, maintenance, and repair of
machinery and equipment, head mechanics,4 senior mechanics, me-
chanics; junior mechanics, senior helpers, and helpers, but excluding
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, and all other employees; and
(2) All production employees, excluding maintenance employees,
guards, employees in the chemical department, office and clerical em-
ployees, non-working foremen, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the respective units who were employed during the pay-roll
period immediately preceding the date of the Direction herein, subject
to the limitations and additions set forth in the Direction.
The I. A. M. and the Engineers urge, the Board to deny the C. I. O.
a place on the ballot on the ground that the C. I.O. has failed to show
sufficient representation among the Company's employees in the units
found appropriate. However, since the C. I. O. has made some show-
ing of representation and had indicated that it desires to participate
in any election which the Board may direct, and inasmuch as elections
are to be conducted, in any event, we shall accord it a place on the
ballots in the elections hereinafter directed.
DIRECTION OF ELECTIONS
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,
4 Head mechanics spend approximately 50 percent of their time supervising the work
of other employees However , there is no showing that they have supervisory status
within our customary definition.
1128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Lion Chemical Cor-
poration, El Dorado, Arkansas, elections by secret ballot shall be con-
ducted 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 Fifteenth 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 em-
ployees in the units found appropriate in Section IV, above, who were
employed by the Company at its El Dorado plant 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, including employees in
the armed forces of the United States who present themselves in person
at the polls, but excluding any who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of
the elections; (1) to determine with respect to the employees in the
unit described in paragraph (1) of Section IV, whether they desire to
be represented by International Association of Machinists, Local No.
224, affiliated with the A. F. of, L., or by Oil Field Workers Interna-
tional Union, affiliated with the C. I. 0., for the purposes of collective
bargaining, or by neither; and (2) to determine, with respect to the
employees in the unit described in paragraph (2) of Section IV,
whether they desire to be represented by International Union of Oper-
ating Engineers, Local Union No. 382, affiliated with the A. F. of L.,
or by Oil Field Workers International Union, affiliated with the
C. I. 0., for the purposes of collective bargaining, or by neither.