Allied Chemical and Dye Corp.

National Labor Relations Board - Board Decisions

Mar 13, 1950

88 N.L.R.B. 1089 (N.L.R.B. 1950)

In the Matter of GENERAL CHEMICAL CODIrANY (DIVIsIoN OF ALLIED
CHEMICAL AND DYE CORPORATION), EMPLOYER and INTERNATIONAL
BROTHERIZOOD OF FIREMEN AND OILERS, LOCAL #32, A. F. OP L.,
PETITIONER
Case No. 7-RC-764.-Decided illarch.13,1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Francis E.
Burger, hearing officer. 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-member panel [Chairman Herzog and Members
Houston and Murdock].
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 Petitioner is a labor organization claiming to represent cer-
tain employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
(l) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks to sever from a plant-wide unit 1 a unit coin-
posed of all the powerhouse employees at the Employer's River Rouge,
Michigan, plant. The Employer contends that the proposed unit is
inappropriate and should not be severed from the contractual bar-
gaining unit because of: (1) the small size of the Employer's plant;
1In 7.944, United Gas, Coke & Chemical Workers of America, CIO , in two separate pro-
ceedings , was certified as bargaining representative of the production and maintenance
employees and of the powerhouse employees . Since that time its Local 219 has repre-
sented both groups of employees in a single bargaining unit. The latest contract expired
in October 1949, and, at,the time of the hearing , the negotiations for a new contract had
not been completed . Although Local 219 was served with notice of hearing , it did not
appear at the hearing.
88 NLRB No. 205.
1089
1090 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(2) the interdependency of the powerhouse and the production process
due to the use of a waste heat boiler in the process; (3) the history of
collective bargaining on a broader basis; (4) common supervision of
powerhouse and maintenance employees; and (5) the lack of craft
status of the powerhouse employees.
The Employer is engaged in the production of sulphuric acid. Its
plant consists of three main buildings, the powerhouse, the burner
buildings, and the process building. All the steam for the operation of
the powerhouse is salvaged as a step in the production process by
means of a waste heat boiler located in the burner building. The steam
is transferred to the powerhouse to produce all the electric power used
in the plant.
There are about 27 employees in the production and maintenance
unit. Of these, the 5 powerhouse engineers are eligible for inclusion in
the proposed unit. These powerhouse employees work primarily in
the powerhouse. The waste heat boiler is operated from the power-
house ; it is necessary, however, that the powerhouse engineer physi-
cally inspect the boiler in the burner building once or twice during each
shift. The powerhouse employees are under the supervision of the
master mechanic, as are the plant maintenance employees. Power-
house employees do not interchange with any other employees, and do
not perform any maintenance work outside the powerhouse. One of
the powerhouse employees works as a maintenance man in the power-
house 4 days a week. Members of the general maintenance crew are
occasionally assigned to the powerhouse to assist in major repairs.
Upon the entire record, we believe that the powerhouse employees
involved herein do not differ substantially from powerhouse employees
in other cases, including waste heat boiler employees, whom the Board
has repeatedly found to be distinct functional groups which may con-
stitute separate bargaining units, despite the existence of the factors
stressed by the Employer herein? Accordingly, we shall direct an
election among all powerhouse employees at the Employer's River
Rouge, Michigan, plant, excluding all other employees and supervisors.
If a majority of the employees vote for the Petitioner, they will be
taken to have indicated their desire to constitute a separate bargaining
unit.
2 American Smelting and Refining Company, 86 NLRB 1172 , and cases cited therein.
GENERAL CHEMICAL COMPANY 1091
DIRECTION OF ELECTION 3
As part of the investigation to ascertain representatives for the pur-
poses 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 supervision 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, among the employees in the unit found
appropriate in paragraph numbered 4, above, who were employed
during the payroll period immediately preceding the date of this
Direction of Election, including employees who did not work during
said payroll 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 excluding 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 International
Brotherhood of Firemen and Oilers, Local #32, A. F. of L.
3 Although we should ordinarily accord Local 219 a place on the ballot in view of its
contractual relationship with the Employer , it is omitted from the ballot because of its
failure to comply with the filing requirements of the Act. In the event that Local 219
effects compliance with the filing requirements of the Act within 2 weeks from the date of
this Direction, the Regional Director is instructed to accord it a place on the ballot.
882191-51-70