General Chemical Co.

National Labor Relations Board - Board Decisions

Mar 17, 1945

60 N.L.R.B. 1316 (N.L.R.B. 1945)

In the Matter of GENERAL CHEMICAL COMPANX and UNITED GAS, COKE
AND CHEMICAL WORKERS OF AMERICA, CIO
In the Matter of GENERAL CHEMICAL COMPANY and INTERNATIONAL
CHEMICAL WORKERS UNION, AFL
Cases Nos. 93-R-5198 and P-R-5305, respectively.Decided
March :17, 19 -
Mr. Emil IT. A. Schumann, of Jersey City, N. J;, for the Company.
Messrs. Samuel L. Rothbard and David Elliot, of Newark, N. J., for
the CIO.
Messrs. A. Vincent Busby and Arthur R. Cook, of Newark, N. J., for
the AFL.
Mr. Harold M. Humphreys, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions duly filed by United Gas, Coke and Chemi-
cal Workers of America, CIO, herein called the CIO, the International
Chemical Workers Union AFL, herein called the AFL, each alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of General Chemical Company, Edgewater,
New Jersey, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate consolidated hearing upon
due notice before David H. Werther, Trial Examiner . Said hearing
was held at Jersey City, New Jersey, on January 23, 1945. The Com-
pany, the CIO, and the AFL, appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-ex-
amine witnesses, and to introduce evidence bearing on the issues. At
the hearing the Company moved to dismiss the petition and the Trial
Examiner referred the motion to the Board for determination. For
reasons set forth in Section III, infra, the motion is denied. The Trial
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded an opportunity to
file briefs with the Board.
60 N. L. R. B, No. 227.
1316
GENERAL CHEMICAL COMPANY 1317
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 having its
principal office in New York City. We are concerned herein with its
plant located at River Road, Edgewater, New Jersey, known as the
Hudson River Works, where it is engaged in the manufacture, sale,
and distribution of chemicals. During the past 12 months the Com-
pany purchased approximately 40,000 tons of raw materials, of which
approximately 50 percent was shipped to the Hudson River Works
from points outside the State of New Jersey. During the same period
the Company sold approximately 100,000 tons of finished products, of
which approximately 40 percent was shipped from the Hudson River
Works to points outside the State of New Jersey.
The Company concedes 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, affiliated with
the Congress of Industrial Organizations and International Chemical
Workers Union, affiliated. with the American Federation of Labor,
are labor organizations admitting to membership employees of the
Company.
III. THEQUESTION' CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO or the
AFL as the collective bargaining representative of certain of its
employees.
Pursuant to a Decision and Direction of Election issued by the
Board in a previous representation proceeding,' an election was con-
ducted on April 12, 1943, to determine whether or not employees of
the Company wished to be represented by the CIO for the purposes
of collective bargaining. The CIO lost by one vote, thereafter filed
Objections, and on December 21, 1943, the Board set aside the election.
A second election was held on February 17,1944. On August 15, 1944,
having determined that the CIO lost the second election, the Board
dismissed the CIO's petition. On-November 25, 1944, the CIO filed
its original petition in the instant proceedings, and on January' 17,
1945, the petition of the AFL was filed.
I Matter of General Chemical Company, 48 N. L R. B. 923
1318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company contends that the present proceedings were prema-
turely initiated, since less than 4 months elapsed between the date of
the Board's dismissal of the prior petition and the filing of the CIO's
original petition herein. However, the CIO's original petition herein
was filed approximately 9 months after the last election, and it is now
more than a year since that election was conducted. We note, further-
more, that the,CIO has submitted designations of a majority of the
employees in its proposed unit, and that all but one are dated subse-
quent to the last election. Moreover, the AFL was not a party to
the previous proceeding. Consequently, we perceive no reason to
delay a determination of representatives.2
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO and the AFL each represents a substantial
number of employees in the unit hereinafter found appropriate.3
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
All parties are agreed that the appropriate unit should consist of all
production and maintenance employees, including the chief carpenter,
chief pipefitter, chief electrician, chief rigger, chief painter, and chief
machinist,4 contact operators, firemen and oilers employed in the
powerhouse, the counterman, and engineers, but excluding office and
clerical employees, technical employees, employees who work on the
Company's boats, nurse, bus driver, chauffeurs, chauffeurs' helpers,
chief engineer, and all other supervisory employees. However, they
are in disagreement as to the categories of employees mentioned below.
The Company desires to include all within the unit, whereas, with the
exception of the checker, both unions would exclude them; as to the
checker, the AFL would include, while the CIO would exclude him.
Laborer and Stores' Laborer: The storehouse department, super-
vised by the storekeeper, dispenses machine equipment to employees
and certain supplies, such as belts, fittings, gloves, goggles, and electric
bulbs. Its personnel consists of a counterman, laborer and stores' la-
2 See Matter of Trojan Powder Company, 57 N L R B 1433 ; Vermont Copper Company,
59 N L R B 853.
3 The Field Examiner reported that the CIO submitted 88 membership application cards ;
that the names of all persons appearing on the cards were listed on the Company's pay
roll of December 13, 1944 , which contained the names of 166 employees in the alleged
appropriate unit ; and that 87 cards were dated between March and December 1944, and I
was undated . At the hearing, the AFL submitted 97 application for membership cards.
The Trial Examiner reported that the names of 92 persons appearing on the cards were
contained in-the aforesaid pay roll , and that 71 of the cards were dated between December
27, 1944, and January 4 , 1945; and 21 were undated.
4It does not appear that any of these employees are supervisory employees within the
meaning of the Board 's customary definition.
GENERAL CHEMICAL COMPANY 1319
borer. Both unions agree to include the counterman. The record
shows that the laborer and stores' laborer perform functions similar
to those of the counterman to the extent that they receive and dispense
materials, and make price and quantity entries, and take inventory.
In addition, they work in the office of the storehouse department where
they type formal orders of purchases, make final notations of receipts
on purchase invoices, and do filing. Apparently they. spend approxi-
mately 25 percent of their time in handling materials and the balance
in performing clerical functions. Since all parties agree to include
the counterman, and the laborer and the stores' laborer spend a good
portion of their time in similar work, and inasmuch as the interest of
all are intimately related to those of the production and maintenance
employees, we shall include them within the unit.
Checker: He is principally engaged in checking incoming and out-
going material on the dock. In the course of this work he is assigned
a crew of men to load trucks with material which he selects. In addi-
tion, he performs clerical work in which he checks materials against a
control list. There is no substantial evidence that this employee pos-
sesses any supervisory powers. He works in a locale apart from the
main office and his interests appear to be intimately related to those
of the production and maintenance employees. We shall include him.
Helper in the mechanical department: This employee works in the
master mechanic's office located within the plant. His duties consist
of keeping maintenance records of equipment, filing requisitions, and
writing store tickets. He also carries store orders to maintenance
employees, and runs errands for the master mechanic. We shall in-
clude him.
Watchmen: There are four employees in this group. They are not
uniformed, armed, deputized, or militarized. Their duties are to
guard against fire, theft and vandalism, and to identify the employees
entering the plant by their badges. Their "privileges" and "restric-
tions" are the same as other hourly paid production and maintenance
employees. We shall include the watchmen.
Safety inspector: He examines plant equipment to determine
whether it is safe for the employees to use, makes reports thereon, and
investigates accidents. It appears that he attends foremen's meetings
and at times acts as the presiding officer at such meetings. We.are of
the opinion that his interests are identified with those of management,
and we shall exclude him from the unit.
We find that all the Company's production and maintenance em-
ployees at its Hudson River, New Jersey, plant, including the chief
carpenter, chief pipe fitter, chief electrician, chief rigger, chief painter,
chief machinist, contact operators, firemen and oilers employed in
the powerhouse, the counterman, and engineers, laborer and stores'
1320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
laborer in the storehouse department, checker, the helper in the me-
chanical department, and the watchmen, but excluding office and cleri-
cal employees, technical employees, employees who work on the Com-
pany's boats, nurse, bus driver, chauffeurs, chauffeurs' helpers, safety
inspector, the chief engineer, 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 ac-
tion, constitute a unit appropriate for the purposes of collective bar-
gaining,within the meaning of Section 9 fib) 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.5
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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with General Chemical
Company, Edgewater, New Jersey, 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 Second 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
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 they desire to be represented by CIO-UGCCW,
or by AFL-ICWU, for the purposes of collective bargaining, or by
neither.
5 The CIO and the AFL desire to be designated on the ballot as their names appear in the
Direction.