Monsanto Chemical Co.

National Labor Relations Board - Board Decisions

Jul 30, 1943

51 N.L.R.B. 902 (N.L.R.B. 1943)

In the Matter Of MONSANTO CHEMICAL COMPANY (LONGHORN ORD-
NANCE WORKS) and INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, A. F. OF L.
Case No. B-5664.-Decided July 30,1943
Mr. David L. Eynan, Jr., of Marshall, Tex., for the Company.
Mr. J. TV. Null, of Abilene, Tex., for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Electrical
Workers, affiliated with the A. F. of L., herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Monsanto Chemical Company (Long-
horn Ordnance Works), Marshall, Texas, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Robert F. Proctor, Trial Examiner,
Said hearing was held at Jefferson, Texas, on July 6, 1943. The Com-
pany 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. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were affoded oppotunity to file briefs
with the Board.
Upon the entire record in'the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Monsanto Chemical Company (Longhorn Ordnance Works) is a
Delaware corporation, licensed to do business in the State of Texas.
The Company operates a plant, known as the Karnack plant, near
51 N. L. R. B., No. 141.
902
MON'S'ANTO CHEMICAL COMPANY (LON'GHORN ORDNANCE WORKS) 903
Marshall, Texas, the only one involved herein, where it is engaged
in the manufacture of explosives for the United States Government.
Operations at the plant in question began about October 1, 1942, and
it is now considered as being in normal operation. During the
months of March, April, and May, 1943, the Company, at its Karnack
plant, received approximately 73 percent of its raw materials from
points outside the State of Texas. During the same period, the
Company shipped 64 percent of the finished products of said plant
to points outside the State of Texas. The Company admits that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 27, 1943, at a conference attended by representatives of the
Union and officials of the Company, the Union requested recognition
as the bargaining representative of the employees in the electrical
department of the Company; the Company neither accepted nor
declined the request. Shortly thereafter the Union filed its petition.
A statement prepared by a Field Examiner, and introduced in evi-
dence at the hearing, indicates that the Union represents a substantial
'number of employees in the unit hereinafter found to be appropriate r
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit comprised of all electricians, linemen, tele-
phone men, radio maintenance men and helpers, excluding officials,
the superintendent, the chief engineer, the general foreman, and all
other clasisfications. The Company contends that all maintenance
employees should be included in the unit but does not otherwise object
to the general classifications set forth in the unit requested by the
Union. There is, however, a dispute concerning the disposition of
an employee named Marvin Bradburn; the Union would include him
in the unit, whereas the Company would exclude him.
1 Since the Company is engaged in vital war production , secrecy concerning the number
of its employees is essential . Therefore , the statement of the Field Examiner sets forth
the representation of the Union in a percentage figure The Union submitted application
cards which represents approximately 55 percent of the number of employees in the appro-
priate unit.
904 D,E,CLSIONS OF -NATIONAL LABOR RELATIONS BOARD
The Company takes the position that the unit requested by the
Union is inappropriate because it would constitute a small group
of maintenance employees, and that future bargaining with such a
small group will result in friction and in different working conditions
within the maintenance department. However, we are confronted
with a group of employees, whose duties differ in essential respects
from those of the other maintenance employees and are identifiable
as belonging to a well-recognized craft. The record reveals that
maintenance department employees, other than those requested by
the Union, are not eligible for membership in the Union; that the
Union has made no effort to organize them; and that no other labor
organization is here seeking to represent them. • We are of the opin-
ion that a unit which coincides with the extent of the Union's organ-
ization is appropriate. We have previously held that a well defined
unit of employees should not be deprived of the benefits of collective
bargaining until such time as the remainder of the employees are or-
ganized. We shall therefore exclude all the employees of the main-
tenance department excepting those who fall within the various classi-
fications requested by the Union. Our determination herein as to the
appropriate unit, however, is no bar to a later revision in accordance
with any changes which may occur in the status of self-organization
,of the Company's maintenance department employees.
The record discloses that Marvin Bradburn spends over 20, percent
of his time performing the,duties of an electrician and is hourly paid.
It also discloses that he supervises the work of two electricians and
eight telephone operators, assigns working hours to the telephone
operators, and his recommendations as to the qualifications of pros-
pective telephone operators are given effective consideration. We
find that,Bradburn is a supervisory employee and we shall exclude him
from the unit.
We find that all electricians, linemen, telephone men, radio main-
tenance men and helpers of the Company, at its Karnack plant, ex-
cluding Marvin Bradburn, supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status -of employees, officials, the superintendent, the chief engineer,
the general foreman, and all other classifications, 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 our Direction of Election
MONSANTO CHEMICAL COMPANY (LON'GHORN! ORDNANCE WORKS) 905
herein, subject to the limitations and additions set forth in said
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
' DIRECrEn.that, as part of the investigation to ascertain representa-
tives for the purposes. of collective bargaining with Monsanto Chem-
ical Company (Longhorn Ordnance Works), Marshall, Texas, an
election by secret ballot shall be conducted as early aspossible, but
not later than thirty (30) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Six-
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 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 any who have since quit or been
,discharged for cause , to determine whether- or not they desire to be
represented by International Brotherhood of Electrical Workers,
-affiliated with the A. F. of L., for the purposes of collective bar-
gaining.
CHAIRMAN Muaas took no part in the consideration of the above
Decision and Direction of Election.
I