The Calco Chemical Company, Inc.

National Labor Relations Board - Board Decisions

Jun 2, 1939

13 N.L.R.B. 34 (N.L.R.B. 1939)

In the Matter of THE CALCO CHEMICAL COMPANY, INC. and THE
CALCOCRAFT
In the Matter of AMERICAN CYANAMID COMPANY, THE CALOO
CHEMICAL COMPANY, INC., ITS SUBSIDIARY , AND THE BEETLEWARD
DEPT., A SUBDIVISION OF SAID AMERICAN CYANAMID COMPANY and
CHEMICAL WORKERS LOCAL No. 20923, AMERICAN FEDERATION OF
LABOR
Cases Nos. R-301F and R-305, respectively.-Decided June 2, 1939
Chemical Industry-Employer: parent corporation and its wholly owned sub-
sidiary found , for purposes of 9, (b ) of Act, to constitute single employer because
of showing of identity of labor policy , operations , and control-Investigation of
Representatives: question concerning representation of employees : employer's
refusal to grant recognition as exclusive , bargaining agency until question of
representation is determined by Board ; petition for, of one labor organization
dismissed because of finding in prior Board Decision that such organization was
company dominated ; petition for intervention , denied for failure to show sub-
stantial interest in proceeding-Unit Appropriate for Collective Bargaining:
employees at plants of parent corporation and wholly owned subsidiary who
are paid on an hourly basis, excluding clerical and summer-student workers and
those having the power to hire or discharge or enforce company discipline ; com-
munity of interest ; interchange of employees ; proximity of buildings ; common
use of certain facilities ; no controversy as to-Representatives : eligibility to
participate in choice : employees currently on pay roll-Election Ordered-Certifi-
cation of Representatives.
Mr. Lester M. Levin and Mr. Jacob Blum, for the Board.
Mr. George R. Martin and Colonel W. S. Weeks, of New York City,
for Calco and Cyanamid.
Mr. Louis Josephson, of Trenton, N. J., and Mr. Charlton Ogburn,
by Mr. Arthur E. Reyman, of New York City, for the Chemical
Workers.
Mr. Edward W. Hamilton, of Buffalo, N. Y., and Mr. Edward P.
Harris and Mr. Edward J. Mikeshock, of Bound Brook, N. J., for
The Calcocraft.
Mr. Samuel L. Rothbard, of Newark, N. J., for District 50.
Miss Ida Klaus, of counsel to the Board.
13 N. L. R. B., No. 5.
34
THE CALCO CHEMICAL COMPANY
DECISION
AND
DIRECTION OF ELECTION
35
STATEMENT OF THE CASE
On July 13, 1937, The Calcocraft filed with the Regional Director
for the Second Region (New York City) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Calco Chemical Company, Inc.,' Bound Brook,
New Jersey, herein called Calco, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On August 26, 1937, Chemical Workers Local No. 20923, herein called
the Chemical Workers, filed with the Regional Director for the Sec-
ond Region (New York City) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of American Cyanamid Company at its plant in Bound Brook,
New Jersey, herein called Cyanamid, and of its subsidiary, Calco,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c). On August 30, 1937, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered
an investigation in accordance with the petition of The Calcocraft
and authorized the Regional Director to conduct it and provide for
an appropriate hearing upon due notice. On September 3, 1937, the
Board ordered a similar investigation in accordance with the petition
of the Chemical Workers and, pursuant to Article III, Section 10
(c) (2), of its Rules and Regulations, ordered the consolidation, for
purposes of hearing, of the two cases and of a proceeding previously
commenced under Section 10 (b) of the Act. The Decision and Direc-
tion of Election herein are concerned only with the petitions of The
Calcocraft and the Chemical Workers, as these two cases have been
severed by order of the Board, dated April 22, 1938, from the pro-
ceeding under Section 10 (b) of the Act.
On September 2, 1937, the Regional Director issued a notice of
hearing, copies of which were duly served upon Calco, Cyanamid,
The Calcocraft, the Chemical Workers, and Chemical Workers Local
Industrial Union No. 33, a labor organization affiliated with the Com-
mittee for Industrial Organization and claiming to represent em-
1 At the hearing the names of both companies were claimed by their counsel to have been
stated incorrectly in the title of the cases . The correct names of both companies are
herein given
36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees directly affected by the investigation. Pursuant to the no-
tice, a hearing on the complaint and the petitions for investigation
and certification of representatives was held on September 8 through
September 30, 1937, at Somerville, New Jersey, before Charles E.
Persons, the Trial Examiner duly designated by the Board. The
Board, Calco, Cyanamid, The Calcocraft, and the Chemical Workers
were represented by counsel and participated in the hearing. No ap-
pearance was made in behalf of Chemical Workers Local Industrial
Union No. 33. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties at the hearing.
On April 16, 1938, the Board found that the record was inadequate
for a determination of the issues raised by the petitions for investiga-
tion and certification and, pursuant to Article III, Section 8, of its
Rules and Regulations, ordered further hearing and authorized the
Regional Director to provide for it upon due notice. On May 2,
1938, the Regional Director issued a notice of further hearing, copies
of which were duly served upon all parties who had appeared at the
original hearing. Pursuant to the notice, such further hearing was
held on May 5, 1938, in New York City, before Wright Clark, the
Trial Examiner duly designated by the Board. All parties who
appeared at the first hearing again appeared and were represented by
counsel. The Calcocraft was also represented by its president and
recording secretary. United Mine Workers of America, District 50,
C. I. 0., herein called District 50, having petitioned for leave to in-
tervene in the proceeding, was represented by counsel at this hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties at the hearing.
At the commencement of the second hearing, evidence was offered in
behalf of District 50 in support of its petition for intervention. After
all such evidence had been adduced, the Trial Examiner denied the
petition of District 50 for failure to show a substantial interest in
the proceeding. The ruling is hereby affirmed.
During the course of each hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence. The
Board has reviewed the rulings of the Trial Examiner and finds that
no prejudicial errors were committed. The rulings are hereby affirmed.
On April 28, 1938, the Board issued a Decision and Order in the
proceeding commenced under Section 10 (b) of the Act, finding that
Calco had dominated The Calcocraft and had interfered with its
administration and contributed support to it, and ordering Calco to
withdraw recognition therefrom as a bargaining agency for any of
THE CALCO CHEMICAL COMPANY 37
its employees and to disestablish it as such agency.2 Thereafter, on
June 23, 1938, the Board issued a Decision and Direction of Election
in the instant proceeding, dismissing the petition of The Calcocraft
on the ground that Calco had previously been ordered to withdraw
recognition from it and to disestablish it as a bargaining agency for
any of its employees.3 On August 18, 1938, the Board set aside the
Decision and Order previously issued by it on April 28, 1938, in the
proceeding commenced under Section 10 (b) of the Act. Subse-
quently, on October 18, 1938, the Board vacated the Decision and Direc-
tion of Election of June 23, 1938, and all subsequent proceedings.
The proceeding on the complaint was finally disposed of on April
17,1939, by the issuance of a Decision and Order finding that Calco
had dominated The Calcocraft, had interfered with its formation
and administration and had contributed support to it, and ordering
Calco to cease and desist from recognizing The Calcocraft as a repre-
sentative of any of its employees for the purpose of dealing with Calco
concerning grievances, labor disputes, rates of pay, wages, hours of
employment, or other conditions of employment.4 As Calco had pre-
viously complied with the recommendation of the Trial Examiner
that it disestablish The Calcocraft as a bargaining agency for its
employees, the Board did not order disestablishment.
In view of our Decision and Order of April 17, 1939, we shall
dismiss the petition of The Calcocraft for the reason that the re-
spondent Calco has been ordered to withdraw recognition from it as
a collective bargaining agency and it cannot, therefore, participate
in a proceeding for an investigation and certification of representa-
tives under Section 9 (c) of the Act.
On May 23, 1939, the Chemical Workers filed a "supplemental and
amended" petition requesting the Board to investigate further the
question concerning representation. The Direction of Election set
forth below will dispose of both petitions of the Chemical Workers.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
American Cyanamid Company is a Maine corporation, with its
principal place of business and sales offices in New York City.
2 Matter of Calco Chemical Company, Inc and American Cyanamid Company and Chemi-
cal Workers Local No. 20928, A. F. of L., 6 N. L. R. B , No 125.
3 Matter of Calco Chemical Company, Inc. and The Calcocraft and Matter of American
Cyanamid Company, Inc., The Calco Chemical Co., Its Subsidiary , and the Beetlewa) e
Dept., A Subdivision of Said American Cyanamid Company and Chemical Workers Local
No. 20923, American Federation of Labor, 7 N. L R. B., No. 124.
'Matter of Calco Chemical Company, Inc., and American Cyanamid Company and Chemc-
caj Workers Local No. 20923, A. F. of L., 12 N. L. R. B. 275.
187930-39-vol. 13-4
38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Through its own operations and through seven controlled companies,
six of which are wholly owned subsidiaries, this company is engaged
in the manufacture and the sale, throughout a large part of the
United States and in foreign countries, of chemicals, dyestuffs, and
pharmaceutical and surgical products. This company owns and
directly operates a plant at Bound Brook, New Jersey, where it
employs somewhat over 200 people and is engaged chiefly in the
manufacture of laminating syrups, of a chemical known as "beetle
cream" for use in tracing textiles, and of powder for sale to molders
of "beetleware" products. The name "beetle" is registered as a trade-
mark for use in interstate commerce.
In excess of 90 per cent of these products are sold to purchasers
in various areas outside the State of New Jersey. The average
monthly value of all sales is over $85,000. This company is the
second largest manufacturer in the United States of products of
the beetleware type.
Approximately 60 per cent of the principal raw materials, includ-
ing formaldehyde, urea, and pulp, and 80 per cent of the supplies
used in the manufacturing operations at the Bound Brook plant are
derived from sources outside the State and amount in value to about
$28,000 monthly.
The Calco Chemical Company, Inc., a wholly owned subsidiary of
American Cyanamid Company, maintains plants at Newark and
Bound Brook, New Jersey. At Bound Brook this company employs
about 2,500 people and is engaged in the manufacture of dyestuffs and
intermediates. The latter type of product is sold for manufacture
into dyestuffs and other materials. The Calco Chemical Company
is one of the largest dyestuff manufacturers in the United States.
This company maintains sales offices in New York City, Providence,
Boston, Chicago, and Charlotte, North Carolina, and sells and delivers
its Bound Brook products to the paper trades throughout the eastern
half of the United States, to textile manufacturers in New England
and the South, and to producers of printing ink in New York and
New Jersey. Sales are also made on the Pacific Coast and in foreign
countries. Sales outside the State of New Jersey represent 89 per
cent of its total Bound Brook production and, during the first half
of 1937, amounted to about $4,450,000.
During the first half of 1937 its expenditures for raw materials,
including heavy chemicals and coal-tar products, exceeded $2,000,000,
of which about 65 per cent represented purchases shipped directly to
the Bound Brook plant from points outside the State of New Jersey
and east of the Mississippi River and north of the Ohio River.
Some of the products of this company appear under trade-marks,
registered for use in interstate commerce, including the word "Calco"
placed inside a diamond.
THE CALCO CHEMICAL COMPANY 39
Each of the companies admits that, in the course of its operations,
it has caused a' substantial amount of raw materials and manufac-
tured products to be transported in interstate and foreign commerce.
II. THE ORGANIZATION INVOLVED
Chemical Workers Local No. 20923, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
all employees of both companies who are paid on an hourly basis,
excluding clerical workers and those having the power to hire or
discharge or enforce company discipline.
III. THE QUESTION CONCERNING REPRESENTATION
The record shows, and neither company denies, the following facts
with regard to attempts by the Chemical Workers at collective bar-
gaining : On July 21, 1937, a committee of the Chemical Workers,
accompanied by an organizer, presented to Edmund Dempsey, works
manager of Calco, a proposed contract covering the employees of
Calco and Cyanamid and requested him to negotiate with them on
the basis of that contract as the exclusive bargaining representative
of the employees of both companies. Dempsey advised the committee
that the matter would have to be considered by the companies' legal
advisers. Thereafter, on July 26, 1937, the committee and the or-
ganizer met with the companies' lawyer and with Dempsey and
Taylor, vice president of Calco. George Martin, counsel for both
companies, stated at that conference that they could not accord the
Chemical Workers recognition as the exclusive bargaining agency
until such time as the Board determined the appropriate unit and
resolved the question of representation. The committee refused to
accept his offer to bargain with the Chemical Workers only for its
members. At each of these conferences, the committee maintained that
the Chemical Workers represented a majority of the employees of
Calco and Cyanamid in the unit which the Chemical Workers re-
garded as appropriate. Both companies admit the existence of a
question concerning representation.
We find that a question has arisen concerning the representation of
employees of Calco and Cyanamid.
TV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of Calco and
Cyanamid described in Section I above, has a close, intimate, and
substantial relation to trade, traffic, and commerce among the several
40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
States, and tends to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Chemical Workers contends that all employees of Calco and
Cyanamid who are paid on an hourly basis, excluding clerical and
summer-student workers and those having the power to hire or dis-
charge or enforce company discipline, constitute a unit appropriate
for the purposes of collective bargaining. The companies do not
object to the unit as thus urged by the Chemical Workers but point
out that, although .Calco is a wholly owned subsidiary of Cyanamid,
the two are separate and distinct as to management and opei ation.
It was, however, stated at the hearing on behalf of the companies
that they resort to a common source for consultation and advice as
to labor-organization problems and that there have been dealings
between representatives of both companies and the Chemical Work-
ers on behalf of the employees of the two companies . In addition,
the record reveals the following facts as to the relationship between
Calco and Cyanamid : Hiring of employees for Cyanamid is typically
handled by the employment manager of Calco on requisition from
Cyanamid and subject to the disapproval of Cyanamid's employ-
ment manager. Wage rates are identical in both companies for
similar work and identical increases in wages are effected in both
simultaneously. Employees of both companies are usually paid by
Calco at the same window, with arrangements for reimbursement of
Calco by Cyanamid.
We find, upon the basis of identity of labor policy, operations, and
control, that, for the purposes of Section 9 (b) of the Act, both
companies constitute a single employer."
In support of its claim as to the appropriate unit the Chemical
Workers points to the following undisputed facts as showing an
unquestionable community of interest between the employees of Calco
and of Cyanamid compelling collective bargaining as a unit : All
the buildings of Calco and Cyanamid are situated in the same
geographical area and within a common enclosure , the nearest struc-
t ores of each being no more than 75 feet apart. There is provision
for joint use by both groups of employees of the time punch clock,
the cafeteria, and smoking areas. Membership in the credit union
5 See Matter of Todd Shipyards Corporation , Robins Dry Dock and Repair Co., and Tiet-
jen and Lang Dry Dock Co . and Industrial Union of Marine and Shipbuilding Workers of
America, 5 N. L. R. B . 20; Matter of C. A. Lund Company and Novelty Workers Union,
Local 186G (A. F. of L ) successor, Matter of Christian A. Lund, doing business as C. A.
Lund Company and Northland Ski Manufacturing Company , a corporation and Wooden-
aeare Workers Union, Local 20431 , and Matter of C. A. Lund Company and Northland Ski
Manufacturing Company and Wooden¢eare Workers Union, Local 20481, 6 N. L. R . B. 423,
affirmed, 103 F. (2d) 815 (C C A 8th)
THE CALCO CHEMICAL COMPANY 41
is open to Cyanamid and Calco employees, and both groups are
covered by one plan of group insurance. There is also an inter-
change of employees between both companies on occasion. Several
employees testified, in this connection, that they had been temporarily
transferred from Calco to Cyanamid without any change in duties,
wage rates, seniority status, or working conditions and were subse-
quently returned to Calco under the same conditions.
We hold that the employees of Calco and Cyanamid who are paid
on an hourly basis, excluding clerical and summer-student workers
and those having the power to hire or discharge or enforce company
discipline, constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of Calco and
Cyanamid the full benefit of their right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Chemical Workers claims that, as of the date of the first hear-
ing, about 1,180 pledge cards, each authorizing representation of the
signer by the Chemical Workers, had been signed and turned over
to its secretary. The pay rolls submitted by both companies show
that, as of September 1, 1937, there were approximately 1,800 em-
ployees in the unit hereinbefore found appropriate. The pledge
cards were not produced at the hearing and were not checked against
the companies' pay rolls. We conclude that, while the Chemical
Workers showed a substantial interest in the proceeding at the time
of the hearing, it failed to establish its claim of majority representa-
tion. Moreover, approximately one year and eight months have
elapsed since the date of the hearing. We therefore find that an
election by secret ballot is necessary effectively to resolve the question
concerning representation. In view of the length of time which has
elapsed since the filing of the Chemical Workers' petition and the
hearing thereon, we find that an election among employees in the unit
hereinbefore found appropriate who are currently employed by both
companies will most satisfactorily and expeditiously determine the
question concerning representation.
On the basis of the above findings of fact, and upon the entire
record in the proceeding, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning representa-
tion of employees of The Calco Chemical Company, Inc., and Amer-
ican Cyanamid Company, Bound Brook, New Jersey, within the
42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All employees of Calco and Cyanamid at the Bound Brook, New
Jersey, plants who are paid on an hourly basis, excluding clerical
and summer-student workers and those having the power to hire or
discharge or enforce company discipline, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with The Calco Chemical Company, Inc., and American Cyanamid
Company, Bound Brook, New Jersey, an election by secret ballot shall
be conducted within fifteen (15) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director
for the Second Region, acting in this matter as agent for the Na-
tional Labor Relations Board and subject to Article III, Section 9,
of said Rules and Regulations among the employees of said com-
panies at the Bound Brook plants who are paid on an hourly basis
and who were employed during the pay-roll period next preceding
the date of this Decision and Direction of Election, including em-
ployees who did not work during such pay-roll period because they
were ill or on vacation, but excluding clerical and summer-student
workers and those having the power to hire or discharge or enforce
company discipline, and excluding also those who have since quit or
been discharged for cause, to determine whether or not they desire
to be represented, for the purposes of collective bargaining, by
Chemical Workers Local No. 20923, affiliated with the American
Federation of Labor.
AND IT IS ORDERED that the petition of The Calcocraft be, and it
hereby is, dismissed.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Decision and Direction of Election.
THE CALCO CHEMICAL COMPANY 43
[ SAME TITLE]
AMENDMENT TO DIRECTION OF ELECTION
June 15, 1939
On June 2, 1939, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled proceedings, directing that an election by secret ballot be
held within fifteen (15) days from the date of the Direction under
the direction and supervision of the Regional Director for the Second
Region to determine whether or not the employees in the unit found
by the Board to be appropriate desire to be represented by Chemical
Workers Local No. 20923, affiliated with the American Federation of
Labor.
Upon joint petition of Chemical Workers Local No. 20923 and the
American Federation of Labor requesting an extension of the time
within which the election shall be conducted and a substitution on
the ballot of the name of Chemical Workers Local No. 22031, alleged
to be the successor to Chemical Workers Local No. 20923, the Board
hereby amends the above-mentioned Direction of Election by strik-
ing therefrom the words "within fifteen (15) days from the date of
this Direction" and substituting therefor the words "within thirty
(30) days from the date of this Direction" and by striking therefrom
the words "Chemical Workers Local No. 20923" and substituting there-
for the words "Chemical Workers Local No. 22051."
MR. J. WARREN MADDEN took no part in the consideration of the
above Amendment to Direction of Election.
13 N. L. R. B., No. 5a.
[SAME TITLE
CERTIFICATION OF REPRESENTATIVES
July 15, 1939
On June 2, 1939, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in
the above-entitled proceedings. The Direction of Election pro-
vided that an election by secret ballot be conducted within fifteen
(15) days from the date of the Direction among the employees of
The Calco Chemical Company, Inc., and American Cyanamid Com-
pany, at the Bound Brook plants, who are paid on an hourly basis
and who were employed during the pay-roll period next preceding
44 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the date of the Direction, including employees who did not work
during such pay-roll period because they were ill or on vacation,
but excluding clerical and summer-student workers and those hav-
ing the power to hire or discharge or enforce company discipline,
and excluding also those who have since quit or been discharged for
cause, to determine whether or not they desire to be represented, for
the purposes of collective bargaining, by Chemical Workers Local
No. 20923, affiliated with the American Federation of Labor.
On June 15, 1939, upon joint petition of Chemical Workers Local
No. 20923 and the American Federation of Labor, the Board amended
the above-mentioned Direction of Election by striking therefrom
the words "within fifteen (15) days from the date of this Direction"
and substituting therefor the words "within thirty (30) days from
the date of this Direction" and by striking therefrom the words
"Chemical Workers Local No. 20923" and substituting therefor the
words "Chemical Workers Local No. 22051."
Pursuant to the Direction of Election as amended, an election by
secret ballot was conducted on June 29, 1939, under the direction and
supervision of the Regional Director for the Second Region (New
York City). On June 30, 1939, the Regional Director, acting pursu-
ant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, issued an Intermedi-
ate Report on the election, copies of which were duly served upon
the parties. No objections or exceptions to the Intermediate Report
have ben filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total Number Eligible to Vote__________________________ 1, 600
Total Number of Ballots Cast_____________________________ 1, 497
Total Number of Ballots Counted_______________________ 1, 365
Total Number of Votes in favor of Chemical Workers Local
No. 22051, affiliated with the A. F. of L__________________ 986
Total Number of Votes against afore-mentioned union------- 379
Total Number of Blank Votes_____________________________ 0
Total Number of Void Ballots_____________________________ 0
Total Number of Challenged Ballots_______________________ 132
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-
Series 2,
IT IS HEREBY CEP,TIFIED that Chemical Workers Local No. 22051,
affiliated with the American Federation of Labor, has been desig-
THE CALCO CHEMICAL COMPANY 45
nated and selected by a majority of the employees of The Calco
Chemical Company, Inc., and American Cyanamid Company, at the
Bound Brook plants, who are paid on an hourly basis, excluding
clerical and summer-student workers and those having the power
to hire or discharge or enforce company discipline, as their repre-
sentative for the purposes of collective bargaining and that, pur-
suant to the provisions of Section 9 (a) of the Act, Chemical Work-
ers Local No. 22051, affiliated with the American Federation of
Labor, is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
13 N. L. R. B., No. 5b.