Niagara Alkali Co.Download PDFNational Labor Relations Board - Board DecisionsMar 3, 194347 N.L.R.B. 1290 (N.L.R.B. 1943) Copy Citation In the Matter ^ of NIAGARA ALKALI COMPANY and UNITED GAS, COKE AND CHEMICAL WORKERS LOCAL UNION 12377, AFFILIATED WITH THE 'CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-4885.-Decided March 3, 1943 Jurisdiction : chemical manufacturing industry. Investigation and Certification of Representatives : existence of question : recog- nition refused; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance em- ployees, with specified inclusions and exclusions ; stipulation as to. Franchot, Rwnals, Cohen, Taylor d 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. 0. Mr. Alfred Kamin, of Washington, D. C., for the U. M. W. A. Miss Viola James, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Gas, Coke and Chemical Workers Local Union, 12377, affiliated with the Congress of Indus- trial Organizations, herein called the C. I. 0.,' alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Niagara Alkali 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 op- portunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The U. M. W. A.-moved to dismiss the petition on the ground that the C. I. 0. has no - sub- stantial interest at the present time. The Trial Examiner reserved ruling on the motion for the Board. For the reasons appearing herein, we hereby deny the motion. The Trial Examiner's rulings 47 N L. R. B., No. 162. 1290 NIAGARA ALKALI COMPANY 1291 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 1. THE BUSINESS OF THE COMPANY Niagara Alkali Company, a New York corporation, is engaged in the manufacture of heavy chemicals at Niagara Falls, New York. In 1942 the Company used raw materials valued in excess of $500,000, of which more than 70 percent represented shipments to its plant from points outside the State of New York. During the same period, the Company sold products having a sales value in excess of $1,000,000, of which more than 60 percent represented shipments to points outside the State of New York. For the purpose of this proceeding the Com- pany admits that it is engaged in interstate commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Gas, Coke and Chemical Workers Local Union 12377, af- filiated with the Congress of Industrial Organizations, and District 50, United Mine Workers of America, are labor organizations admitting to membership employees of the Company. III. TIIE QUESTION CONCERNING REPRESENTATION On December 29, 1942, the C. I. O. informed the Company that it represented a majority of the Company's employees and requested recognition as the exclusive bargaining agency. The Company sub- sequently refused the request, asserting that, it had an unexpired bargaining contract with the U: M. W. A.' The statement of the Field Examiners for the Board, introduced into evidence at the hearing, indicates that the C. I. -0. represents a substantial number of employees in the appropriate unit.2 The U. M. W. A. filed d-a motion to dismiss the petition on the grounds that the C. I. O. has no substantial interest at the present time 3 The 'On Mai ch 19 , 1942, the U M W A. and the Company entered into a yearly bargaining contract containing an automatic renewal clause The U M W. A . does not assert this contract as a bar to the present proceeding , and we find that it is not, but offered it, along with an allegation that it represents a majority of the employees in the appropriate unit, as proof of its interest in the present proceeding. 2The Field Examinees reported that the C I 0 submitted 190 designation cards, of which 179 were dated from May 1942 to Januaiy 1943, and 11 were undated ; that all 190 of the cards bore apparently genuine original signatures ; and that 185 signatures are the names of persons on the Company's pay roll . of January 19, 1943. There are about 254 persons in the appropriate unit. . A large number of the C I 0 memberships , as reported by the Field Examineis, were obtained in June 1942 ; prior to a petition filed by the C I 0. in July . At that time the contract between the U . Iii W . A and the Company had been in effect only a few months. The Regional Director subsequently dismissed the petition. 1292 DECISIONS OF NATIONAL ,LABOR RELATIONS BOARD .issue resolves itself into the question of which union, if either, repre- sents a majority of the employees in the appropriate unit. We are ,of the opinion that the dispute can best be resolved by an election by secret ballot which we shall hereinafter direct. 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 i In accordance-with the stipulation of the parties, we find that all production and maintenance employees of the Company at its -plant :iu Niagara Falls, New York,' including operators who do not per- form supervisory duties, but excluding clerical' and office employees, ,confidential clerks, chemists, research employees, salaried employees, supervisory employees, and deputized watchmen, 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 an election by secret ballot amoaig the em- ployees' in the appropriate. unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion, 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 Relations 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 Niagara Alkali 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 Third 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 NIAGARA ALKALI COMPANY 1293 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 Union 12377, affiliated with the Congress of Industrial Organizations, or by District 50, United Mine Workers of America, for the purposes.of collective bargaining, or by neither. Copy with citationCopy as parenthetical citation