Innis Speiden and Co.

National Labor Relations Board - Board Decisions

Mar 3, 1943

47 N.L.R.B. 1282 (N.L.R.B. 1943)

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In the Matter of ISCO CHEMICAL DIVISION OF INNIS SPEIDEN AND COM-
PANY and UNITED GAS, COKE AND CHEMICAL WORKERS. LOCAL 12373,
AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-4886.-Decided March 3, 1943
Jurisdiction : chemical manufacturing industry.
Investigation and Certification of Representatives : existence of question : 'rec-
ognition refused on ground of an unexpired contract; contract about to expire
held no, bar ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of company at its Niagara Falls plant, who are paid on an hourly
or piece-work basis, including analytical laboratory employees, but with speci-
fied exclusions, held an appropriate unit; stipulation as to.
Franchot, Runals, Cohen, Taylor cf Rickert, by Mr. Thomas G.
Rickert, of Niagara Falls, N. Y., for the Company.
Mr. Charles A. Doyle, of Buffalo, N. Y., for the C. I. O.
Mr. Alfred Kamin, of Washington, D. C., for the U. M. W. A.
Miss Viola James, of counsel for the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Gas, Coke and Chemical Workers
Local 12373, affiliated with the Congress of Industrial Organizations,
herein called the C. I. O•., alleging,that a question affecting commerce
had arisen concerning the representation of employees of Isco Chem-
ical Division of Innis Speiden and Company, Niagara Falls, New
York, herein called'the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Francis
V. Cole, Trial Examiner. Said hearing was held at Niagara Falls,
New York, on' February 9, 1943. The Company, the C. I. 0., and
District 50, United Mine Workers of America, herein called the U. M.
W. A., 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.
47 N. L. R B., No. 160.
1282 -
- I'SCO CHEMICAL DIVISION 1283
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSLNESSS OF THE COMPANY
The Company, a Delaware corporation authorized to do business in
the State of New York, is engaged at Niagara Falls, New York, in
the manufacture of heavy chemicals. In 1942-the Company, used at its
plant in Niagara Falls, which is the plant with which we are here
concerned, raw materials valued in excess of $500,000, of which more
than 75 percent represented shipments from points outside the State
of New York. During the same period the Company manufactured
at its plant in Niagara Falls products valued in excess of $1,000,000,
of which more than 50 percent represented shipments to points outside
the State of New York. For, the purpose of this proceeding, the
Company admits 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 Local 12373, affiliated
with the Congress of Industrial Organizations, and District 50, United
Mine Workers of ,America, are labor organizations admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 29, 1942, the C. I. O. informed the Company that it
represented a majority of the Company's employees at the Niagara
Falls plant and requested recognition as the exclusive bargaining
agency. On January 5, 1943, the Company refused recognition on
the ground of an unexpired bargaining contract'with the U. M. W. A.1
The statement of the Field Examiners for the Board, introduced into
evidence at the hearing, indicates that the C. I. O. represents a sub-
stantial number of employees , in the appropriate unit 2 The
U. M. W. A. submitted no membership cards but claim`s that it repre-
sents a majority of the Company's employees, and asserts this claim
and its contract in support of its motion to intervene.
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.
' On March 18, 1942, the Company and the U M. W. A entered into a yearly contract
containing a renewal clause. The U. M. W. A. does not contend that the contract is a
bar to the present proceeding , and elcaily it is not as it is about to expire.
2 The Field Examiners reported that the C I 0 submitted 125 designation cards of
which 83 were dated from July 1942 to January 1943 and 42 were undated; that all 125
bore apparently genuine original signatures ; and that 96 signatures are the names of
persons on the Company 's pay roll of January 19 , 1943. There are about 134 persons
In the appiopriate'unit.
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1284 DECISIONS OF NATIONAL LABOR REIfATIOINtS BOARD
IV. THE APPROPRIATE UNIT
In accordance with the stipulation of the parties, we find that all
production and maintenance employees of the Company at its plant
in Niagara Falls, New York, who are paid on an hourly or piece-work
basis, including analytical laboratory employees, but excluding clerical
and office employees, confidential clerks, chemists, research employees,
salaried employees and all supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. TILE'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,
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 tlie_National Labor Relations
Act,,and pursuant to Article III, Section 9, of National Labor Relations
Eoai•d 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 Isco Chemical
Division of Innis Speiden and Company; Niagara Falls, New York,
an election by secret ballot shall be 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 'T'hird
Region, acting in this matter as agent for the National Labor Rel"ttions
Board, and subject to Article III, Section 10, of said Rules and Regula-
tions, among the employees in the unit found' ap')ropriate in Section
IV, above, wllo were employed during tJJe pay-rol].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 any who have since quit or been discharged for cause
to determine whether they desire to be represented by United Gas; Coke
and Chemical Workers Local 12373, affiliated with the Congress of In-
Austrial Organizations, or by District 50, United Mine Workers of
America, for the purposes of collective bargaining, or by neither.
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