Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

Aug 6, 1945

63 N.L.R.B. 160 (N.L.R.B. 1945)

In the Matter of UNITED CHEMICAL & ORGANIC PRODUCTS DIVISION
AND CENTRAL CHEMICAL DIVISION OF WILSON & CO., INC. and INTER-
NATIONAL CHEMICAL WORKERS UNION, LOCAL 157, A. F. OF L.
Case No. 13-R-2927.-Decided August 6, 1945
Mr. M. R. Swanson, of Chicago, Ill., for the Company..
Mr. H. J. Paar, of Waterloo, Iowa, for the A. F. L.
Miss Ruth E. Blie fiield, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Chemical Workers
Union, Local 157 , A. F. of L., herein called the A . F. L., alleging that
a question. affecting commerce had arisen concerning the representa-
tion of, employees of United Chemical & Organic Products Division
and Central Chemical Division of Wilson & Co., Inc., Calumet City,
Illinois,' herein called the Company , the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Herman J. DeKoven , Trial Examiner . Said hearing was held at Chi-
cago, Illinois , on May 2 and 3, 1945. The Company and the A. F. L.
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses , and to in-
troduce evidence bearing on the issues .?- 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.
Upon the entire record in the case , the Board makes the following :
' The name of the Company appears in the caption and the body of the Decision as it
was amended at the hearing
2 Both the Oil Workers International Union, C. I. 0., and the United Gas, Coke and
Chemical Workers, C. I. 0.,, signed separate waivers and disclaimers of interest in the
proceeding which were introduced into evidence.
63 N. L. R. B, No. 23.
160
UNITED CHEMICAL & ORGANIC PRODUCTS DIVISION 161
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
United Chemical & Organic Products Division, hereinafter called
United, and Central Chemical Division, hereinafter called Central,
which are located on adjoining tracts of land at Calumet City, Illinois,
are divisions of Wilson, & Co., Inc., a Delaware corporation with its
principal office and place of business at 4100 South Ashland Avenue,
Chicago, Illinois. United is engaged in the manufacture and sale of
edible, technical, and photographic gelatin, di-calcium phosphate, edi-
ble bone, grease , and tallow, protein tankage, and bone meal. Central
is engaged in the manufacture and sale of sulfuric, muriatic , nitric,
and mixed acids, and salt cake.
The Company has, during the past 12 months, purchased raw materi-
als, valued in excess of $300,000, for its operations at United, and raw
materials, valued in excess of $200,000; for its operations ,at Central.
More than 85 percent of these raw materials originated from points
outside the State of Illinois. During the same period, the finished
products manufactured at United amounted to over $300,000 in value,
and the finished products manufactured at Central amounted to over
$200,000 in value. Approximately 85 percent of-these finished prod-
ucts 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, and we.so find.
H. THE ORGANIZATION INVOLVED
International Chemical Workers Union, Local 157, affiliated with
the American Federation-of Labor, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In a letter to the Company dated March 2, 1945, the A. F. L. re-
quested recognition as the exclusive bargaining representative of cer-
tain of the Company's employees at the plants involved herein. At
the hearing the Company stated that it.would not recognize the A. F.L.
as the exclusive bargaining representative until it has been certified
by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the A. F. L. represents a substantial number of
employees in the unit hereinafter found appropriate.3 .
D The Field Examiner reported that the A. F. L. submitted 19T authorization cards ;
that these cards were dated as follows : 6 in December 1944, 129 in January 1945, 3 in
February 1945, 2 in March 1945, and 57 were 'undated; and that there are approximately
289 employees in the unit petitioned for. -
162 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 A. F. L. seeks a unit of all production and maintenance em-
ployees 4 at United and Central, includiiLlg laboratory employees, the
storeroom clerk, watchmen, belt foremen, and the wheel foreman, but
excluding office clerical employees, the chauffeur, storekeeper, chief
chemist, assistant chief chemist, bacteriologist, the employees at Cen-
tral depot located at Chicago, Illinois, chief engineer, master mechanic,
general foremen, assistant foremen, foremen, plant manager, assistant
to the plant manager, superintendent, and all other supervisory em-
ployees. The Company disagrees with the unit sought in that it would
limit the unit to hourly paid production and maintenance employees
of both divisions and would exclude, in addition to the classifications
the Union seeks to exclude, the laboratory employees, belt foremen,
wheel foreman, storeroom clerk, and watchmen.
With respect to the Company's contention that the unit should be
described as consisting of "all hourly paid production and mainte-
nance employees," it is well established that the Board, in determining
the appropriateness of a unit, will not distinguish between employees
solely on the basis of the difference in mode of payment, but will look
to their general interests, duties, nature of work, and working con-
ditions. Since, as appears below, we are of the opinion that some of
the salaried employees have similar interests and duties to hourly paid
production and maintenance employees and are therefore properly
includable in the same unit, we shall describe the unit without any
reference to the mode of payment.'
Disputed Categories
Laboratory employees: The Company has a main laboratory which
is located in a one-story building and is separated from the nearest
factory building by a distance of approximately 75 feet, and a smaller
laboratory which is located inside the factory building of United.
These laboratories service both United and Central. The laboratory
staff consists of a chief chemist and an assistant chief chemist, whom
the parties, agreed to exclude as supervisory employees, a bacteriolo-
gist, whom the parties also would exclude, and those employees herein-
after collectively referred to as the laboratory employees, consisting
4 This includes the gardener , yardman , and janitress.
3 See Matter of Jones d Laughlin Steel Corporation, Pittsburgh Works, 57 N L R B 357 ;
Matter of Edgewater Steel Company, 56 N. L. R. B 1778, Matter of E. I. du Pont de
Nemours and Company , 62 N. L . It. B. 146
UNITED CHEMICAL & ORGANIC PRODUCTS DIVISION 163
of a chemist, two assistant chemists, five laboratory assistants,' and
two research assistants. All except the two research assistants are
housed in the main laboratory, the latter being the only ones assigned
to the smaller laboratory at United. All the laboratory employees
are responsible to the chief chemist, are on the administrative pay roll,
are salaried, and have the same vacation and sick leave as other salaried
employees. The earnings of these employees are, however, comparable
to those of the production and maintenance employees.
The work in the main laboratory consists principally of testing
raw materials and finished products to determine their chemical com-
position in order to insure that the materials and products meet the
required specifications. The laboratory at United is in the nature
of a "pilot plant" in which experimentation for the purpose of improv-
ing plant processes is carried on by the two research assistants. The
duties of all the laboratory employees, including the two research
assistants, are similar in nature and are almost entirely of a routine
character. None of these employees carries oh research as such but
may conduct tests under the direction of the chief chemist or assistant
chief chemist in aid of the research being carried on by them.' While
the tests conducted by the laboratory employees may disclose possible
errors in workmanship of the production employees, the laboratory
employees are responsible only for reporting the results of the tests
to the chief and assistant chief chemists and make no recommendations
with respect thereto; any instructions concerning corrections come
from the chief or assistant chief chemists.
The chemist, is the only employee in the main laboratory who has
a college, degree in chemistry. However, approximately 95 percent
of his time is spent in making routine tests and about 5 percent in
making analyses which require special skill or training. In addition
to his duties as chemist, he does first-aid work. The two assistant
chemists had some technical training prior to being employed by the
Company, but they, along with the other employees in the laboratory,
have been trained during their employment with the Company for their
particular work.
6 One of the laboratory assistants , Jonas Anspa, while classified as a laboratory assistant,
is regarded by the Company as an apprentice bacteriologist . His work , though technical,
is largely of a routine nature , and all his experience and training has been received during
his employment with the Company His salary , although higher than that of the other
laboratory assistants , is equal to that of the assistant chemists Since his work is com-
parable to that of the assistant chemists and laboratory assistants , we shall not distinguish
between him and the other employees Included in the group of laboratory employees.
It was agreed that Barbara Moore, who had the classification of laboratory assistant,
should be excluded from the unit as a clerical employee in view of the fact that more than
90 percent of her work is of a stenographic nature The Company also agreed to change
her classification to that of stenographer.
' With particular reference to the research assistants the record discloses that the ex-
periments are planned and directed by the chief and assistant chief chemists , but are
carried out by the research assistants . This work is mostly routine , the only requirement
being that these employees be capable of observing and reporting results correctly.
662514-46-vol. 63 12
464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
With the exception of the two research assistants, the laboratory
employees come in contact with the production and maintenance em-
ployees when the production employees either bring samples into the
.main laboratory for testing or come there for information. The two
research assistants occasionally conduct experiments during which
.they utilize the entire facilities of the plant and may direct the produc-
tion workers in the course of these experiments. It does not appear,
however, that such direction is of a supervisory nature. While the
'Company contended that these, as well as other ertiployees in the
laboratory, have access to confidential material and formulae, these
.matters have no relation to issues properly the subject of collective
bargaining.8 On the basis of all the foregoing facts and circum-
stances, and in view of the fact that the work of these employees is
closely integrated with that of the production and maintenance em-
,ployees,9 we shall include the laboratory employees in the appropriate
unit."
Belt foremen: The Company employs 4 belt foremen in the cook
room at United. The cook room is composed of 7 departments, all
of which are under the supervision of a foreman. In addition to the
Iforeman there are 5 assistant foremen in the cook room, all of whom
,the parties agreed to exclude as supervisory employees. The belt
foremen are located in the "gelatine cut spread and tunnels" depart-
ment of the cook room. About 40 employees work in the latter depart-
ment. Prior to the commencement of organizational activities by
the A. F. L., belt foremen were classified as "lead operators" and were
paid on an hourly basis. However, the Company, upon learning of
,the organizational activities of the A. • F. L., changed the classifica-
tion of these employees to belt foremen and put them on the adminis-
trative pay roll for the asserted reason that it desired to clarify their
status as supervisory employees. Although the belt foremen are now
paid on a salary basis, their earnings are substantially the same as be-
fore, since they still receive approximately $9 a week more than the
production employees in the department. There was no change in
function or duties of these employees at the time of the change in
classification. Approximately 60 percent of the belt foreman's work-
ing time is spent in directing the work of the- employees under him,
the other 40 percent being spent in the regulation of the valves which
control the flow of gelatin onto belts. Although the manager testi-
fied that each belt foreman' has from 10'to 15 employees under his
direction, and that they have the authority to recommend the hiring,
O See Matter of General Motors Corporation , Chevrolet Motors Davesion, 53 N. L.
R. B 1096.
0 This is particularly true in the instant case in view of the , nature of the Company's1
1 1business
10 See Matter of Pittsburgh Plate Glass Company, 54 N L. R. B..118 ; Matter of National
Lock Company, 61 N. L. R. B. 1366. 1
UNITED CHEMICAL & ORGANIC PRODUCTS DIVISION 165
discharging, or disciplining of employees, he had no knowledge of
any instance in which a belt foreman had exercised such authority,
and also added that, while he presumed that the belt foremen had
been instructed as to their authority in this respect, he had no direct
knowledge thereof 11 On the other hand, the president of the A. F. L.,
who is also an employee of the Company, testified that the duties of
the belt foremen were comparable to those of the tower man, who the
parties agree should be included in the unit, in that the tower man
is responsible for the operations of from 10 to 15 employees. We are
of the opinion that the Company's contention that the` belt foremen
can recommend hiring, discharging, and disciplining of employees
is refuted by the lack of evidence as to any instances in which any belt
foremen have made such recommendations and the lack of knowledge
on the part of the plant manager as to whether or not these employees
have ever been notified of their authority. On all the facts, and in
the absence of substantial and credible evidence that the belt foremen
exercise supervisory functions, we find that the belt foremen, are not
supervisory employees. We* shall include them within the appro-
priate unit .12
Wheel foreman: The wheel foreman is employed in the cook room
at United and is under the supervision of the cook room foreman.
There are five men in the wheel foreman's section, all of whom are
responsible for the operation of certain wheels in the production proc-
ess. The wheel foreman transmits to the men in. the section the in-
structions of the cook room foremen. Approximately 90 percent of
his time is spent in manual labor. During 3 months of the year, when
the wheels are not in actual operations' he does repair work only,
working without any assistance for the greater part of this period.
The wheel foreman was on the hourly pay roll until January 1945,
the time of the commencement of 'organizational activity by the
A. F. L., when the Company transferred him to the administrative
pay roll allegedly in order to clarify -his status. - There was no sub-
stantial change in his earning at the time, the wheel foreman receiv-
ing approximately $5.40 a week more, on the basis of a4,0-hour week,
than the other employees in the 'section. Although the plant man-
ager testified that the wheel foreman -had the, authority effectively to
recommend the hiring, discharging, or disciplining of employees, he
had no knowledge of any case in which the authority had been ex-
ercised, nor did he know whether or'not the Company had ever in-
structed the wheel foreman as to his-supervisory authority. An em
ployee of the Company who had at one, time worked with the wheel
foreman, testified that the men- in the, section would not consult the
"The plant manager testified that he had been plant manager of Central since 1926,
and of both plants since 1935. - " '
'E See Matter of Hoosier Frown Corporation, 51 N. L. R. B. 1353.
166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
wheel foreman on any platters pertaining to the terms and conditions
of employment, such as wage increases, transfers, or obtaining per-
mission to leave the plant, but only as to the operation of the wheels
since he was the senior employee in the section. In the absence of
substantial and credible evidence that the wheel foreman exercises
supervisory functions, and in view of the acknowledged fact that he
does repair work during 3 months of the year, and the evidence that
he is not considered a supervisor by the other employees in his `'sec-
tion, we find that the wheel foreman is not a supervisor within the
Board's definition of that term. We shall therefore include him in
the appropriate unit.
Storeroom clerle: The storeroom clerk is employed in the Company's
storeroom located in the administrative building, which also houses
the Company's offices. The major portion of his time, approximately
60 percent, is spent in clerical work, such as maintaining an inventory
of raw materials, checking supplies and materials received against the
billings, and making entries on the pay roll for bond deductions. The
storeroom clerk works under the supervision of the storekeeper, who
is excluded from the unit by agreement of the parties. The store-
room clerk replaces the storekeeper when the latter is absent, and at
those times makes local purchases of materials. He spends approxi-
mately. 40 percent of his time acting as counterman, handing out tools
and materials to production employees. He performs his clerical work
at a desk in the main office near the desk of the storekeeper. Since
it appears that the duties of the storeroom clerk are primarily clerical
in nature, since he performs all of his work in the administrative build-
ing, and inasmuch as the major portion of his time is spent apart from
the production and maintenance employees, we find that his interests
are more closely allied with those of the office clerical employees than
the production and maintenance employees. We shall therefore
exclude him from the unit.
Watchmen: The Company employs six watchmen at United and
one at Central, all of whom perform substantially the same duties.
None of the watchmen•is armed, uniformed, or militarized. The duties
of the watchmen on the night shift are to watch the time clock office,
where the employees punch in and out, and to maintain a watch serv-
ice by making regular rounds of the plant and "punching clocks" on
the route at stated intervals. One of the employees on the day shift
watches the time clock office, and the other is on duty at a railroad
crossing adjacent to one of the plants where he checks trucks going in
and out of the plant as they cross the railroad. Watchmen are hourly
paid, receive the same vacation and sick leave as do the production and
maintenance employees, and are under the supervision of the super-
intendent who is in charge of production. The average age of these
employees is about 60 years; and for the most part they are former
UNITED CHEMICAL & ORGANIC PRODUCTS DIVISION 167
production or maintenance employees who have been placed as watch-
men pursuant to the Company's policy of giving these positions to
employees who are physically incapable of performing their regular
work at the plant. Since these employees perform the duties of ordi-
nary watchmen involving no monitorial functions, we shall include
them within the appropriate unit.13
We find that all production and maintenance employees of the Com-
pany at its United and Central plants in Calumet City, Illinois, in-
cluding laboratory employees, belt foremen, the wheel forman, and
watchmen, but excluding office clerical employees, the storeroom clerk,
chauffeur, storekeeper, chief chemist, assistant chief chemist, bacteri-
ologist, employees at Central's depot located at Chicago, Ilhnois,14
chief engineer, master mechanic, general foremen, assistant foremen,
foremen, the plant manager, assistant to the plant manager, superin-
tendent, 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 bargaining within the mean-
ing 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 an election by secret ballot among the em-
ployees 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with United Chemical
& Organic Products Division and Central Chemical Division of Wilson
& Co., Inc., Calumet City, Illinois, an election by secret ballot shall be
"See Matter of Champion Sheet Metal Company, Inc, 61 N. L R. B 511 , see also
Matter of Kelsey-Hayes Wheel Company, 62 N L R B. 421
14 In connection with its operations at Central, the Company maintains a depot at Chicago,
Illinois, about 28 miles distant. Central delivers carloads of acid to storage tanks at the
depot and from there the acid is drawn in carboys for delivery to customers in Chicago.
It is apparent that the employees at the depot have different interests and duties from
those at the plants in Calumet City. We shall exclude them in accordance with the
agreement of the parties.
15 The A. F L.'s request to appear on the ballot as International Chemical Workers
Union, Local No. 157, A F. of L. is hereby left to the discretion of the Regional Director.
168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Thirteenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
111, 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
the said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those 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 determine whether or not they desire to be represented by
International Chemical Workers Union, Local 157, A. F. of L., for
the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.