Niagara Alkali Co.

National Labor Relations Board - Board Decisions

Mar 3, 1943

47 N.L.R.B. 1290 (N.L.R.B. 1943)

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.