Allied Chemical & Dye Corp.

National Labor Relations Board - Board Decisions

Jun 23, 1942

41 N.L.R.B. 1191 (N.L.R.B. 1942)

In the Matter of NATIONAL ANILINE DIVISION, ALLIED CHEMICAL &
DYE CORPORATION and METROPOLITAN CHAPTER 31 OF THE FEDERA-
TION OF ARCHITECTS,, ENGINEERS, CHEMISTS & TECHNICIANS
Case No. R-3908.-Decided June 23, 1942
Jurisdiction : dye_ manufacturing industry.
Practice and Procedure : petition dismissed where there was no appropriate unit
within its scope; proposed unit held inappropriate where department heads
whom union would exclude from a unit of laboratory workers performed duties
similar to those of other employees and where their inclusion would practically
double the size of the unit.
Mr. Malcolm B. Carroll, of New York City, for the Company.,
Mr. George Curran, of New York City, for the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF'THE CASE
Upon petition duly filed by Metropolitan Chapter 31 of the Federa-
tion of Architects, Engineers, Chemists & Technicians, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of National Aniline Di-
vision, Allied Chemical & Dye Corporation, New York City, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice, before Sidney Reitman,
Trial Examiner. Said hearing was held at New York City, on
May 28, 1942. The Company and the Union appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings, made at the hearing, are free from
prejudicial error and are hereby affirmed.
On June 10, 1942, the Company filed a brief which the Board has
considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
National Aniline Division, Allied Chemical & Dye Corporation,
a New York corporation, maintains its principal office and its Na-
41 N. L. R B, No. 215.
I-
1191
1192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tional Aniline Division in New York City. The Company is engaged
in'the manufacture, sale, and distribution of dye stuffs and related
products. During the period from November 1, 1941, to May 1, 1942,
the Company purchased more than 200,000,000 pounds of raw ma-
terials, consisting chiefly of organic chemicals derived from coal tar.
Approximately 25 percent by weight of these materials was shipped
to the Company from outside the State of New York. During the
same period, the Company sold finished products of over 50,000,000
pounds, of which approximately 50 percent by weight was shipped
to points outside the State of New York. As an adjunct of its sales
department, the Company operates a laboratory or dye application
plant in New York City, which alone is involved in this proceeding.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Metropolitan Chapter 31 of the Federation of Architects, En-
gineers, Chemists & Technicians is a labor organization affiliated with
the Congress of Industrial Organizations. It admits to membership
employees of the laboratory of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Union requested a unit of all laboratory employees of the 40
Rector Street, New York City laboratory of the Company, excluding
clerical employees and department heads. The Company objected to
the exclusion from the unit of department heads as defined by the
Union, and it urged the exclusion of porters and two women who
wind skeins of thread.'
The laboratory involved in this proceeding occupies two large
rooms in a one-floor penthouse of a building which houses certain
offices of the Company. It performs the-following major functions:
(!),mixing dyes to match samples of dyed fabrics or paper; (2) test-
ing dyes which are alleged to be too strong or too weak to measure
their variance from the' standard; and (3) testing new dyes which
have been proposed as additions to the line of regular standard colors
carried by the Company.
The Company asserted that it had only one laboratory employee
who could properly be called a `-`department head," and he is the
laboratory manager. The Union admitted that there is no pay-roll
classification of "department head," but contended that the,designa-
' The parties agreed upon the exclusion of an employee who is in charge of samples at
the New York sales branch warehouse , because he is not a laboratory worker.
NATIONAL ANILINE DIVISION 1193
tion is commonly used among the laboratory workers to set off cer-
tain employees. At the time of the hearing, 38 persons, excluding
the laboratory manager and clerical workers, were employed in the
laboratory. Approximately 18 of these are designated by the Com-
pany as assistant colorists and assistant chemists; 2 are porters and
2 .are skein winders. These 22 employees, appear to 'comprise the
unit requested by the Union. The remaining 16 employees are those
whom the Union terms "department heads" and the Company refers
to as "'senior employees" or colorists and chemists.
The 18 assistants make up a group of semi-skilled or semi-trained
employees. In general, they are hired when belo\y draft 'age, and
have a high school or training school education ' and possess some
knowledge of chemistry. The 16 "department heads"'' constitu6 a,
somewhat more skilled group, having had more experience, more edu-
cation, or both.
The laboratory is divided into approximately 14 working units,
each devoted to separate and 'distinct specialized fields. Each unit
is headed by a "department head" who in the past.has had from 1
to 4 assistants.. At the present time, 2 of the units have 2 "depart-
ment heads." Only 1 of the units has more than 2 assistants, whereas
7.have but a single assistant. Thus, at the present time, only 5 of the
14 units have more assistants than "department heads," and in every
such instance the number of assistants exceeds the number of "depart-
ment heads" by only 1. Employees are not interchanged among the
units, but perform that work in which they have become especially
skilled.
The "department head" receives his work assignment through the
laboratory manager or through the sales-head. Instructions given
him are general; he fills in the details, and in turn assigns projects
to the assistants working in his unit. The Union concluded from
this that "department heads" have definite responsibilities whereas
the assistants work entirely under the direction of the "department
heads," and thus the two groups are functionally separate.
We cannot agree with this conclusion of the Union. Everyone in
the unit works manually on the various projects. The "department
heads" customarily handle that work requiring most skill or that in
which errors would be more costly, whereas the assistants carry out
the more routine functions. This division of labor is comparable
to that existing between skilled mechanics and their helpers. Like-
wise the difference in pay of assistants and "department heads" can
fairly be attributed to the greater skill, experience, and length of
service of the latter, the pay of assistants ranging from $70 to $155
monthly, and that of "department heads" from $145 to $350. ,
1194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Because of the similarity of the work of the "department heads"
and the assistants, and on the basis of - all the foregoing facts, we
find that the 'unit requested by the Union, excluding as it does the
"department heads" whose inclusion would practically double the
size of the requested unit, is inappropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
V. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since, as stated in Section III, above, the bargaining unit sought
to be established by the petition is not appropriate, we find that no
question concerning the representation of employees of the Company
in an appropriate unit, has arisen within the meaning of Section 9 (c)
of the Act.
ORDER
Upon the basis of the foregoing findings of fact, the National
Labor Relations Board hereby orders that the petition for investi-
gation and certification of representatives of employees of National
Aniline Division, Allied Chemical & Dye Corporation, New York
City, filed by Metropolitan Chapter 31 of the Federation of Archi-
tects, Engineers, Chemists & Technicians, be, and it hereby, is,
dismissed.