Allied Chemical & Dye Corp.

National Labor Relations Board - Board Decisions

Sep 16, 1942

44 N.L.R.B. 62 (N.L.R.B. 1942)

In the Matter of THE BARRETT DIVISION , ALLIED CHEMICAL & DYE
CORP., CLEVELAND PLANT and NATIONAL COUNCTL of GAS, COKE &
CHEMICAL WOP.KERS ( UNAFFILIATED)
Case No. R-4,032.-Decided September 16,1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Hugh E. Sperry, for the Board.
Mr. H. H. Bailey, of Cleveland, Ohio, for the Company.-
Mr. Wendell Ringholz, for the Union.
Mr. J. Benson Saks, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 21, 1942, National Council of, Gas, Coke & Chemical
Workers, unaffiliated, herein called the Union, filed with the,Regional
Director for the Eighth Region (Cleveland,* Ohio) a petition al-
leging that a question affecting commerce had arisen concerning
the representation of employees of Allied Chemical & Dye Corp.,
herein called the Company, engaged in the manufacture and,process-
ing of tar and allied products at Cleveland, Ohio, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act.
On August 18,-'1942, the National Labor Relations Board, here-
in called the Board, acting pursuant to Section 9 (c) of the Act
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing on due notice. On August 21, 1942, the
Company, the Union, and the Regional Director entered into a
"STIPULATION FOR CERTIFICATION UPON CONSENT
ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on August 24, 1942, under the direction and supervision of the
,44 N. L R. B, No. 8
62
THE BARRETT, DIVISION 63
Regional Director, among all production and maintenance workers
who were employed by the Company at its plant at 1730 Walworth
Avenue, Cleveland, Ohio, during the pay-roll period ending August 15,
1942, including chemists, truck drivers, and employees who did' not
work during such pay-roll period because they were ill or on vacation
or in the active military service or training of the United States, or
temporarily laid off, but excluding all supervisory (this included Chief
Chemist, Chief Inspector, foremen, shipping clerk, garage superin-
tendent) employees, office employees, watchmen, and guards, to deter-
mine whether or not they desired to be represented by the Union.
On August 25, 1942, the Regional Director issued and duly,served
upon the parties his Election Report on the ballot. No objections to
the conduct of the ballot or the Election Report have been filed by any
of the parties. ,
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list____________________________________ 31
Total ballots cast_________________________________________ - 27
Total ballots challenged___________________________________ 0
Total blank ballots_______________________________________ 0
Total void ballots_______________----------------------------------------- 0
Total blank votes counted_________________________________ 27
Votes cast for National Council, of, Gas, Coke & Chemical-
Workers (unaffiliated)__________________________________ 22
Votes cast against National Council of Gas, Coke & Chemical
Workers (unaffiliated) ------I --------------------------- 5
Upon the basis of the stipulation, the Election Report, and the entire
record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Allied Chemical & Dye Corp., The Barrett
Division, Cleveland, Ohio, within the meaning of Section 9 1(c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance workers of the Company at its
plant at 1730 Walworth Avenue, Cleveland, Ohio, including chemists,
and truck drivers, but excluding all supervisory (this includes Chief
Chemist, Chief Inspector, foremen, shipping clerk, garage superin-
tendent), employees, office employees, watchmen, and guards, consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the, National Labor Relations
Act.
3. National Council of Gas, Coke & Chemical Workers, unaffiliated,
hac been designated and selected by a majority of the employees in
64 DECISIONS O'F.ATAT'IONAL LABOR RELATIONS BOARD
the above. unit 'as their representative for the purposes of collective
bargaining, and is the exclusive representative of all employees in said
unit, within-the meaning' of Section 9 (a) of the National Labor
Relations Act.
CERTIFICATION 'OF REPRESENTATIVES
By virtue of and pursuant to-the power vested in the National.
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, ,
IT IS HEREBY CERTIFIED that National Council of Gas, Coke & Chem-
ical Workers, unaffiliated, has been designated and selected by a major-
ity of all production and maintenance employees of the Allied'Chem-
ical & Dye Corp., at its plant at 1730 Walworth Avenue, Cleveland,
Ohio, including chemists, and truck drivers, but excluding all super-
visory (this includes Chief Chemist, Chief Inspector, foremen,
shipping clerk, garage superintendent) employees, office employees,
watchmen, and guards, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Act,
National Council of Gas, Coke & 'Chemical Workers, unaffiliated, is
the exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.