Allied Chemical and Dye Corp.

National Labor Relations Board - Board Decisions

Feb 8, 1955

111 N.L.R.B. 550 (N.L.R.B. 1955)

550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
NATIONAL ANILINE DIVISION, ALLIED CHEMICAL AND DYE CORPORA-
TION and JOHN J. WINKLHOFER, PETITIONER and LOCAL 2034,.
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,.
AFL
NATIONAL ANILINE DIVISION, ALLIED CHEMICAL & DYE CORPORATION.
PETITIONER and UNITED BROTHERHOOD OF CARPENTERS AND JOINERS.
or AMERICA, AFL
NATIONAL ANILINE DIVISIO\, ALLIED CHEMICAL & DYE CORPORATION,
PETITIONER and UNITED BROTHERIr0OD OF CARPENTERS AND JOINERS
OF AMERICA, AFL
NATIONAL ANILINE DIVISION, ALLIED CHEMICAL & DYE CORPORATION,
PETITIONER and UNITED BROTHERHOOD OF CARPENTERS AND JOINERS
OF AMERICA, AFL. Cases Nos. 3-RD-99, 3-RM-100, 3-RM-101,1
and 3-RMti1-102. February 8, 1955
Decision and Direction of Elections
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held in these cases before
Hymen Dishner, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. Questions affecting commerce exist concerning the representation
of employees of the Employer within the meaning of Section 9 (c) (1)
and Section 2 (6) and (7) of the Act.
On January 12, 1953, the Board found that 11 groups of employees
at the Employer's Buffalo, New York, plant, could, if they so desired,
be severed from an overall production and maintenance unit, and be
constituted as separate, appropriate bargaining units.' Following the
Board-directed elections, United Brotherhood of Carpenters and
Joiners of America, AFL, hereinafter referred to as the Carpenters,
was certified on April 23, 1953, as the bargaining representative for
four of these groups, which the Board then found to constitute sep-
arate appropriate bargaining units. The units were : (1) All instru-
ment and scale mechanics and apprentices; (2) all machinists and
garage mechanics and apprentices; (3) all pipefitters and apprentices;
and (4) all sheetmetal workers and apprentices.
1 National Aniline Division, Allied Chemical and Dye Corporation , 102 NLRB 129 (Case
No 3-RC-1029)
111 NLRB No. 90.
UNITED STATES GYPSUM COMPANY 551
Subsequent to certification and up until December 1, 1953, incon-
,elusive bargaining negotiations were held between the Carpenters and
the Employer. However, since December 1, 1953, there have been no
'bargaining negotiations and to date there has not been a contract
signed for any of the four units. Despite their failure the Carpenters
continued to claim to represent the employees. Recently, another
union , District 50, United Mine Workers of America, Local 12,330,
which represents the Employer's production and maintenance em-
ployees, advised the Employer that it represents a majority of the
employees in the machinists and garage mechanics, pipefitters, and
-sheetmetal workers units. The Employer thereupon filed the instant
petitions with respect to these employees. An individual employee
has filed a petition requesting a decertification election for the instru-
inent and scale mechanics unit, alleging that the Carpenters is no
longer the bargaining representative of these employees within the
meaning of Section 9 (a) of the Act.
In view of the above facts, we find that questions concerning repre-
sentation exist warranting elections at this time.
4. The following employees of the Employer constitute separate
units appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act: 2 (1) All instrument and scale
mechanics and their apprentices; (2) all machinists and garage me-
'chanics and their apprentices; (3) all pipefitters and their appren-
tices; (4) all sheetinetal workers and their apprentices.
[Text of Direction of Elections' omitted from publication.]
z The unit descriptions appeal as ultimately found appropriate in National Aniline Dws-
siwi, Allied Chemical and Dye Corporation, supra . The record shows that the duties of
the employees in the four units involved have not changed since the hearing in the latter
case We find without merit the Employer 's contention that these unit determinations
are no longer valid because of the recent Board decisions dealing with craft severance
This case does not involve issues of craft severance , the units in question having pre-
viously been established as separate appropriate units.
5 Although the Carpenters ' International was certified by the Board in Case No.
3-RC-1029 , Local 2034 subsequently came into being in the Employer 's plant The Local
appeared at the hearing and claims to represent the employees involved
UNITED STATES GYPSUM COMPANY and UNITED GAS, COKE AND CI-IEM-
ICAL. WORKERS, CIO, PETITIONER. Case No. 18-RC-2282. Febru-
ary 8,1955
Supplemental Decision, Order , and Certification of
Representatives
On September 17, 1954, the Board issued a Decision and Direction
of Election in a production and maintenance unit found appropriate
by the Board.' The Board did not pass upon the unit placement of
3 109 NLRB 1402
111 NLRB No. 86.