Allied Chemical and Dye Corp.

National Labor Relations Board - Board Decisions

Nov 16, 1948

80 N.L.R.B. 323 (N.L.R.B. 1948)

In the Matter of GENERAL CHEMICAL DIVISION, ALLIED CHEMICAL AND
DYE CORPORATION, EMPLOYER and MARVIN EISEN, AN INDIVIDUAL,
PETITIONER and LOCAL No. 128, OIL WORKERS INTERNATIONAL
UNION, CIO, UNION
Case No. 21-RD-48.-Decided November 16, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly 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 the case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner asserts that the Union is no longer the bargaining
representative of the employees of the Employer as defined in Section
9 (a) of the Act.
The Union was certified on June 19, 1947, as exclusive bargaining
representative of the employees in the unit described below, following
an election held pursuant to a Stipulation for Certification on Consent
Election.'
3. A question affecting commerce 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.2
'Chairman Herzog and Members Houston and Gray.
1 Matter of General Chemical Company, Case No 21-R-3984.
2 We find without merit the Union's contention that its contract , originally due to expire
on August 21, 1948, was extended for a period of 60 days , and is therefore a bar to an
election . In any event , the latest possible terminal date of the contract was less than 30
days distant at the time of the hearing on September 28, 1948, and has now been reached.
Matter of Clark Bros . Co , Inc., 66 N . L R. B. 849.
80 N. L. R. B., No. 70.
817319-49-vol . 80-22 323
324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act : All hourly paid employees at the Em-
ployer's warehouse at 2433 East 8th Street, Los Angeles, California,
excluding salaried shipping clerks, office and clerical employees, fore-
men, guards, watchmen, professional employees, and supervisors.
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, as amended, among
the employees in the unit found appropriate 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 reinstated prior to the date of the election, and also ex-
cluding employees on strike who are not entitled to reinstatement, to
determine whether or not they desire to be represented, for purposes of
collective bargaining, by Local No. 128, Oil Workers International
Union, CIO.