Monsanto Chemical Co.

National Labor Relations Board - Board Decisions

Jun 15, 1944

56 N.L.R.B. 1411 (N.L.R.B. 1944)

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In the Matter of MONSANTO CHEMICAL COMPANY and UNITED GAS,
COKE AND CHEMICAL WORKERS OF AMERICA, C. I. O.
Case No. 7-R-1739.-Decided June 15, 1944
Messrs. Edward A. O'Neal, Jr. and J. A. Wilson, of Trenton,
Mich., for the Company.
Mr.Thomas Barrett, of Ferndale, Mich., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ^ ELECTION
. - STATEMENT OF THE CASE
Upon petition duly filed by United Gas, Coke and Chemical Work-
ers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Monsanto Chemical Company, Trenton, Michigan,
herein called the Company, the National Labor Relations Board,
provided for. an appropriate hearing upon due notice before Max'
Rotenberg, Trial Examiner. Said hearing was held at Detroit, Michi-
gan, on May 19, 1944. The Company and the, Union appeared at
and participated in the hearing.' All parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded- opportunity 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 is a Delaware corporation with its
principal place of business at St. Louis, Missouri. We are concerned
'Although District 50, United Mine Workers of America , was served with notice of
hearing, it did not appear.
56 N.' L. R. B., No. 254.
1412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with its plant at Trenton,, 'Michigan, where it is engaged in the
production of phosphoric acid and sodium phosphates. The Com-
pany purchases raw materials valued at about $2,800,000 annually
for use at its Trenton plant,, 25 percent of which is shipped to, it
from points,outside the State of Michigan. The Company manufac-
tures annually about $6,500,000 worth of products at its Trenton
plant, approximately 80 percent of which is shipped to points outside
the State of Michigan.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Gas, Coke and Chemical Workers of America is a labor or-
ganization affiliated with the Congress of. Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of the plant protection employees
at its Trenton plant until such time as the Union is certified by the
Board.
A statement of.a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found to be ap-
propriate?
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 Re-
lations Act. -
IV. THE APPROPRIATE UNIT
The Union urges that all plant protection employees at the Trenton
plant of the Company, excluding clerical and supervisory employees,
constitute an appropriate unit. The Company states that it doubts
the propriety of setting up a unit of plant protection employees as
they are sworn United States Auxiliary military police and allegedly
perform duties of a confidential and supervisory nature.
We have considered similar contentions in other cases and have
found them to be without merit.3 Nothing which appears in the pres-
ent case persuades us to hold otherwise.
z The Field Examiner reported that the Union' presented 5 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of April 12 , 1944. There are approximately 5 employees in the appropriate unit.
3 Matter o f Dravo Corporation, 52 N. L. It. B . 322 Matter of Curtis-Wright Corp., 45
N. L It. B. 1268 ; Matter of Arvey Corporation, 50 N. L. It. B 999.
MONSANTO CHEMICAL COMPANY 1413
We find that all plant protection employees at the Trenton plant
of. the Company, excluding clerical employees and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
oiimend such action, constitute a unit appropriate for the purposes of
collective bargaining 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. means of an election by secret ballot among
the employees 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.
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Monsanto Chem-
ical Company, Trenton, Michigan, 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 Seventh, Region, acting in this mat-
ter 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 dur-
ing said pay-roll period because they were ill or on vacation or tem-
porarily 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 this election,
to determine whether or not they desire to be represented by United
Gas, Coke and Chemical Workers of America, affiliated with the Con-
gress of Industrial Organizations, for the purposes of collective bar
gaining.
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