E.I. du Pont de Nemours and Co.

National Labor Relations Board - Board Decisions

May 26, 1943

49 N.L.R.B. 1125 (N.L.R.B. 1943)

In the Matter of E. I. DU PONT DE NEMOURS AND COMPANY and SENECA
ExPI.osIvE WORKERS FEDERAL LABOR UNION 23338, A. F. 1L.
o •
Cases No. 85307 and R-5308, respectively. Decided May 06, 1943
Mr. Edward I. First, Jr., of Wilmington, Del.,, for the Company.
Mr. Harry E. O'Reilly, of Chicago, Ill., for the A. F. L.
Mr. Donald B. Olson, of Seneca, Ill., for the Independent.
Mr. David V. Easton, of counsel to the Board.
'DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Seneca Explosive Workers Federal
Labor Union 23338, A. F. L., herein called the A. F. L., alleging that
questions affecting, commerce had arisen concerning the 'representa-
tion of employees of E. I. du Pont de Nemours and Company, Seneca,
Illinois, herein called the Company, the National Labor Relations
Board consolidated the cases and provided for an appropriate hearing
upon due notice before Leon A. Rosell, Trial Examiner. Said hearing
was held at Ottawa, Illinois, on May 7, 1943. The Company, the
A. F. L., and Independent Explosives Union of Seneca. Illinois,"
herein called the Independent, appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the,entire record in, the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
E. I. du Pont de Nemours and Company, a Delaware corporation
having offices and manufacturing plants throughout the United
1 The Independent seeks to intervene only in Case No R-5307 pertaining to production
employees. It is not interested in the employees of the Company concerned in Case No.
R-5308.
49 N. L. R. B., No. 163.
1125
1126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
States, operates a plant located at Seneca, Illinois, herein called the
Seneca plant, which is engaged in the business of producing explosives
for the war effort. Both of the petitions herein involve the Seneca
plant. During 1942 the Seneca plant purchased raw materials
valued at approximately $1,575,000; of which 90 percent constituted
purchases received by the plant from points outside the State of
Illinois. During the same period the sales valoie of the finished
products 'of the Seneca plant amounted to approximately $2,700,000;
of which about 67 percent was transported from the plant to points
outside the State of Illinois. The Company admits that'it is engaged
in commerce within the meaning of, the National Labor' Relations
Act.
I
H. THE ORGANIZATIONS INVOLVED
Seneca Explosive Workers Federal Labor Union 23338, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
Independent Explosives Union of Seneca, Illinois, is an unaffiliated
labor organization admitting to membership employees of the Com-
pany.
III. THE QUESTIONS CONCERNING REPRESENTATION
9
.The Company has advised both labor organizations that it refuses
,to recognize either of them as the exclusive bargaining representa-
tive for its employees, unless certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, and a statement of the Trial Examiner read into the
record at the hearing, indicate that the A. F. L. and the Independent
each represents a substantial number of employees in the units claimed
by each and hereinafter found appropriate.'
We find that questions affecting commerce have 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.
V. THE APPROPRIATE UNITS
The A. F. L. filed two petitions seeking two separate and distinct
units, one comprised of ahl employees of the Seneca plant excluding
-The Regional Director reported that the A F L submitted 97 designations bearing
apparently genuine signatures and that the Independent submitted 19 designations bearing
apparently genuine signatures These designations n ere submitted with respect to -the
unit of production workers. They were not checked against any pay roll of the Company.
The Trial Examiner reported that the A F E. submitted a record of dues payments
containing 110 employees appearing upon the Comipany's pay toll dated May 7, 1943, and
that the Independent submitted records evidencing its interest on behalf of 17 employees
appearing upon the above-mentioned pay loll This evidence was submitted with respect
to Case No R-5307 in which a unit of production employees is ieluested
The Trial Examiner further repotted that the A F I, submitted evidence of member-
ship of 11 armed guards appealing upon a pay roll, dated Ntiy '7,- 1943" There afire 146
names in the unit of production employees and 24 names in the unit consisting of armed
guards.
E. I. 'DU -PONT DE NEMOURS AND COMPANY 1127
executives, 'superintendents, non-working foremen,' armed- guards, and-
office and office clerical employees; the other comprised of armed
guards excluding the chief armed guard. The Independent inter-
vened, claiming representation among the employees in the larger unit
sought by .the A. F. L. The Company does not dispute the appro-
priateness of either unit, but contends that the same labor organiza-
tion should not represent both the armed guards and the production
employees. In support of its contention it cited a circular of the- War
Department to the effect that guards should not be included within
the same bargaining unit as' the production and maintenance
employees.3
We have had occasion to pass upon a contention similar to that
argued by the Company. The reasoning of the McCormick and May-,
tag cases, is equally applicable in the present proceeding' There is,
therefore, no meritorious reason to deny the request of the A. F. L.
to represent both the production employees and the guards of the
Company in separate and distinct units if it is chosen by them to
do so.
In accordance with stipulations of the parties herein with regard
to the units in which each labor organization has indicated its inter-
est, we find the following groups constitute units appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act:
1. All employees of the Seneca plant of the Company, excluding
executives, superintendents, non-working foremen, armed guards,, office
and office clerical employees; -
2. All armed guards of the Seneca plant of the Company, excluding
the chief armed guard.
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 appropriate units who were employed during the pay-
War Department' Circular No. 14, Headquarters, Armed Service Forces, March 17, 1943,
page 9 , states : ^
Auxiliary military police are permitted to bargain collectively but no such activity
will be tolerated which will inter fere with their objectives as members of the auxiliary
military police . . . The auxiliary military police should be represented in collective
bargaining with the management by a bargaining unit other than that composed of
the production and maintenance workers , although both bargaining units may be
affiliated with the same labor oiganization . where the guards are not now included
in the same baigaining unit, this is mandatory] . . .
4 Matter of McCormick Works, International Harvester Company and United Farin
Equipment and Metal Workers of America , affiliated with the C. I. 0., 44 N L. R B 1332;
Matter of The Maytag Company and United Electrical, Radio and Machine Workers of
America, Local 1116, affiliated with the Congress of Industrial Organizations , 44 N L R. B
1265.
1128 DECISIONS OP-NATIONAL' LABOR RELATIONS BOARD
roll period immediately preceding the date of our Direction I of Elec-
tions, subject to the limitations and additions set forth therein.
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 Rela-
tions Act, and pursuant to Article-III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with E. I. du Pont de
Nemoiirs and Company, Seneca plant, Seneca, Illinois, separate elec-
tions by secret ballot should be conducted as soon 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 Thir-
teenth Region, acting in this matter as agent for the National Labor
Relations Board and subject to Article III, Section 10, of said
Rules and Regulations, among the following groups of employees _
of the Company 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 per-
son at the polls, but excluding those who have since quit or been
discharged for cause :
1. All employees of the Seneca plant of the Company, excluding
executives, superintendents, non-working foremen, armed guards,
office and office clerical employees, to determine whether they desire
to be represented by Seneca Explosive Workers Federal Labor Union
23338, affiliated with the American Federation of Labor, or by Inde-
pendent Explosives Union of Seneca, Illinois; for the purposes of
collective bargaining, or by neither;
2. All armed guards of the Seneca plant of the Company, excluding
the chief armed guard, to determine whether or not they desire,to be
represented by Seneca Explosive Workers Federal Labof Union 23338,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining.