Allied Chemical and Dye Corp.

National Labor Relations Board - Board Decisions

Jul 21, 1948

78 N.L.R.B. 484 (N.L.R.B. 1948)

In the Matter of GENERAL CHEMICAL DIVISION, ALLIED CHEMICAL AND
DYE CORPORATION, EMPLOYER and UNITED ASSOCIATION OF JOURNEY-
MEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY
OF THE UNITED STATES AND CANADA, LEAD BURNERS, LOCAL 532,
A. F. L., PETITIONER
Case No. 4-RC-28.Decided July 21, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition filed a hearing was held before a hearing officer of
the National Labor Relations Board. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.'
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organizations named below claim to represent em-
ployees of the Employer.
3. A question of representation exists concerning the representa-
tion of employees of the Employer, within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
'The hearing officer, in accord with our usual practice, prevented inquiry into the ques-
tion of the Petitioner's compliance with Section 9 (f), (g). and (li) of the Act we find no
merit in the Employer's contention that the petition should be dismissed because the record
does not affirmatively show the Petitioner's compliance Matter of Elgin-Sutler Brick
Company, 77 N L. R B. 435; Matter of Lion Oil Company, 76 N. L R. B 656. Our
investigation shows that the Petitioner is in compliance The Employer also contends that
the petition should be dismissed , alleging that the employees involved herein do not wish
to be represented by the Petitioner. We find no merit in this contention A prima facie
showing of representation has been made by the Petitionei Subsequent repudiation of
such authorization does not constitute grounds for dismissal , the desires of the employees
respecting representation can best be resolved by an election b3 secret ballot Matter of
Jefferson, Island Salt Mining Company, 67 N L. R B 1282, 1284
* Houston , Reynolds , and Gray.
78 N. L. R. B., No. 59.
484
ALLIED CHEMICAL AND DYE CORPORATION 485
4. The Petitioner seeks a single unit of all lead burners and appren-
tice lead burners at the Employer's Delaware Works and Baker and
Adamson Works, excluding helpers and supervisors.2 In the alterna-
tive the Petitioner requests separate units of (1) lead burners and
apprentice lead burners at the Delaware Works, excluding helpers and
supervisors; and (2) lead burners and apprentice lead burners at the
Baker and Adamson Works, excluding helpers and supervisors. The
Employer contends that because of the integrated operations and the
close community of interests among all employees, and in view of the
past history of collective bargaining, only a broad unit of all produc-
tion and maintenance employees is appropriate. In the event the
Board establishes a less comprehensive unit in the nature of that sought
by the Petitioner, the Employer would set up two separate units, one
for lead burners at the Delaware Works, and one for lead burners at
the Baker and Adanison Works.
The Board has previously found, in other cases similar to the instant
proceeding, that lead burners constitute a true craft, and may comprise
a separate bargaining unit .3 The Employer and the Intervenor 4
urge, however, that the bargaining history covering the Employer's
employees militates against the establishment of a separate unit or
units.
On September 29, 1943, following a Board-conducted election,-' the
Intervenor was certified as bargaining agent for production and main-
tenance employees at the Delaware Works of the Employer. In Sep-
tember 1944, the Employer and the Intervenor entered into the first
series of bargaining contracts covering production and maintenance
employees at the Delaware Works, including lead burners, and em-
ployees at the Baker and Adamson Works. The last of these contracts
expired on January 6, 1948. On February 23, 1948, after the petition
in the instant case had been filed, the Employer and the Intervenor
' We find no merit in the Employer 's contention that the petition should be dismissed
because no decertification petition has been tiled under the provisions of Section 9 (c)
(1) (A) (ii ) of the Act The Board is not precluded from finding that a craft unit is
appropriate for collective bargaining because the Employei has previously gargained on
the basis of a larger unit including these craft employees Whether or not employees in a
proposed craft unit desue representation by the Petitioner is a question to be resolved
by an election among them
3 Matte of Hooker Electrochemical Company , 74 N L R B 618; Matter of E. I. du Pont
de Nernoni s & Co , Inc , 72 N L R. B . 361 ; Matter of National Aniline Dtvtiston , Allied
Chemical and Dye Corporation, 71 N L R. B 1217, and cases cited therein.
'Local 12781, District 50, United Mine Workers of America, was permitted to intervene
because of its contract interest
5 Matter of Gene) at Chemical Works, 51 N L R B 1409.
7 9 8 7 67-49-vol 78-32
-486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
executed separate contracts for employees at the Delaware Works and
for employees at the Baker and Adamson Works,° respectively.
The Delaware Works and the Baker and Adamson Works engage
in making different chemical products, are geographically separated
and separately supervised, maintain separate seniority systems, time
-clocks and pay rolls, personnel and accounting departments, and.medi-
cal services. There is little or no interchange of employees, including
lead burners, between the two plants. Previous to the filing of the
instant petition, however, employees at the two plants have been
covered in one contract, negotiated by one bargaining committee.
The current bargaining contracts, though separate, were negotiated
by a single committee representing both plants. Under all the circuln-
stances, we are of the opinion that lead burners and apprentice lead
-burners at the two plants may constitute a single bargaining unit as
follows :
All lead burners and apprentice lead burners at the Employer's
Delaware Works and Baker and Adamson Works, excluding helpers
and supervisors.
However, we shall make no final unit determination at this time,
but shall be guided in part by the desires of these employees as ex-
pressed in the election hereinafter directed. If a majority of em-
ployees in the voting group vote for the Petitioner, they will be taken
.to have indicated their desire to constitute a separate appropriate unit.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
,purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
-30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, among the em-
ployees in the group described in paragraph numbered 4, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction of Election, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
-stated prior to the date of the election, and also excluding employees
6 Neither the Employer nor the Intervenor contends that these contracts are a bar to
the present proceedings.
ALLIED CHEMICAL AND DYE CORPORATION 487
,on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bar-
gaining, by United Association of Journeymen and Apprentices of
the Plumbing and Pipefitting Industry of the United States and Can-
ada, Lead Burners, Local 532, A. F. L.7
I I The Intervenor has not complied with Section 9 (f), (g), and ( h) of the Act, as
amended, nor does it desire to participate in the election,