Celanese Corp. of America

National Labor Relations Board - Board Decisions

Mar 9, 1945

60 N.L.R.B. 1144 (N.L.R.B. 1945)

In the Matter Of CELANESE CORPORATION OF AMERICA and UNITED
CONSTRUCTION WORKERS, AFFILIATED WITH UNITED MINE WORKERS
OF AMERICA
Case No. 5-R-1766.-Decided March 9, 194.5
Mr. Mathew H. O'Brien, of New York City, and Messrs . P. D. Cooper
and H . C. Sexton, of Narrows, Va.,-for the Company.
Mr. Luke Brett, of Beckley , W. Va., and Mr. T. H . Price, of Poca-
hontas , Va., for the Union.
Mr. Louis Cokinz, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Construction Workers, affiliated
with United Mine Workers of America, herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the rep-
resentation of employees of Celanese Corporation of America, Narrows,
Virginia, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Sidney J. Barban, Trial Examiner. Said hearing was held at Pearis-
burg, Virginia, on February 15, 1945. The Company and the Union
• appeared, participated, and 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 moved the dis-
missal of the petition on the ground that the Union did not claim to
represent it majority of the Company's employees in an appropriate
unit. The Trial Examiner reserved ruling upon this motion for the
Board. For reasons hereinafter appearing, the motion is hereby de-
nied. The rulings of the Trial Examiner made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were af-
forded opportunity to file briefs with the Board.
1 Although Textile Workers Union of America , C. I. 0 , and United Textile Workers of
America, A . F. of L., were served with Notice of Hearing, they did not appear.
60 N. L . R. B.. No 193.
1144
CELANESE CORPORATION OF AMERICA 1145
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Celanese Corporation of America and its wholly owned subsidiaries,
own and operate six plants located in North Carolina, Virginia, Mary-
land, New Jersey, Pennsylvania, and Connecticut. We are here con-
cerned with the Company's plant located near Narrows, Virginia.
During the year 1944, the Company purchased materials and supplies
amounting to approximately $11,000,000, of which 95 percent was
shipped to the plant from points outside the Commonwealth of Vir-
ginia. During the same period the Company sold finished products
amounting in value to more than $11,000,000, of which approximately
90 percent was shipped from the plant to points outside the Common-
wealth of Virginia.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Construction Workers, affiliated with United Mirie Workers
of America, is a labor organization, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 30, 1944, the Union requested the Company to recognize
it as the exclusive bargaining representative of the Company's produc-
tion and maintenance employees. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees within the unit hereinafter found to be appro-
priate.'
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
We find, in substantial accordance with an agreement of the parties,
that all hourly paid production and maintenance employees of the
2 The Field Examiner reported that the Union submitted 1,700 cards . There are ap-
proximately 2,900 employees in the appropriate unit. A spot check by a Field Examiner
indicates that the Union has made a showing of about 43 percent . As we have frequently
held, it is not necessary that a petitioner make a majority showing in order to obtain an
election , and the Company's motion to dismiss is accordingly denied.
1146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company at its Narrows, Virginia, plant, including hourly paid cafe-
teria employees, but excluding all clerical and office employees, gate-
men, firemen, watchmen, foremen, and all 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 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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
At the hearing the Trial Examiner reserved ruling upon a motion by
the Company ' that if an election is directed in this proceeding the
Board should take the vote of employees in-military service by mail.
With respect to employees in the armed forces, it has been our cus-
tomary practice to declare eligible only those who present themselves
in person at the polls.3 In the Mine Safety Appliances Co. case,4 we
reconsidered fully our policy in that respect and reaffirmed our previous
finding that it is not administratively practicable to poll employees on
military leave by mail. No further reason appears in the instant case
to depart from our established policy. Our inability to poll all the
employees on military leave, however, will not necessarily operate to
give permanent status to a bargaining representative chosen in their
absence. When it is demonstrated that servicemen have returned to
their employment in sufficient numbers so that they comprise a sub-
stantial percentage of the employees in an appropriate unit in which
we have certified a collective bargaining representative, a new petition
for the investigation and certification of a bargaining agent may be
filed with the Board. In this manner employees in the armed forces
who were unable to cast a vote will be afforded an opportunity to affirm
or change the bargaining agent selected in their absence.
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 Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
s See Matter of Wilson & Co ., Inc., 37 N L R. B. 944.
55 N. L. R. B. 1190.
CELANESE CORPORATION OF AMERICA 1147
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Celanese
Corporation of America, Narrows, Virginia, an election by secret
ballot shall be conducted as early as possible, but not later than sixty
(60) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Fifth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject 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 pre-
ceding 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 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 United
Construction Workers, affiliated with United Mine Workers of Amer-
ica, for the purposes of collective bargaining.