Allied Chemical & Dye Corp.

National Labor Relations Board - Board Decisions

Dec 17, 1942

46 N.L.R.B. 95 (N.L.R.B. 1942)

In the Matter of THE BARRETT DIVISION, ALLIED CHEMICAL & DYE
CORPORATION and UNITED CONSTRUCTION WORKERS, DIVISION OF DIS-
TRICT 50, UNITED MINE WORKERS OF AMERICA
Case No. R-4544.-Decided December 17, 1942
Jurisdiction : roofing felt manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition without certification of the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at one plant, including laboratory employees, but excluding super-
intendent, foremen, office and clerical employees, watchmen, firemen, relief
firemen, coal and ash handlers, boiler washers, boiler washers' helpers, plant
oilers, assistant beater engineers, and beater engineers.
Mr. Clarence W. Heyl, of Peoria, Ill., for the Company.
Mr. John M. White, of Peoria, Ill., for the Union.
Mr. Louis Cokin, of counsel to the Board. °
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by United Construc-
tion Workers, Division of District 50, United Mine Workers of
America,' herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Barrett Division, Allied Chemical & Dye Corporation, Peoria,
Illinois, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Robert T. Drake, Trial Examiner. Said hearing was held at Peoria,
Illinois, on November 16, 1942. The Company and the Union ap-
peared, participated, and were afforded full opportunity to be heard,
to examine. and cross-examine witnesses, and to introduce evidence
hearing on the issues." The Trial Examiner's rulings made at the
hearing are free from prejudicial error, and are hereby affirmed.
'Local 8, International Brotherhood of Firemen & Oilers, although served with notice,
did not appear at the hearing. However, its representative appeared as an observer.
46 N. L. R. B., No. 13. 1
95
96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On November 23, 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
I. THE BUSINESS OF THE COMPANY
I
The Barrett Division , Allied Chemical & Dye Corporation is a New
York corporation with its principal place of business at New York
City. We are here concerned with its plant at Peoria , Illinois, where
it is engaged in the manufacture of dry roofing felt for prepared
roofings. During 1941 the Company purchased raw materials valued
in excess of $700,000 for use at its Peoria plant, approximately 32
percent of which was shipped to it from outside Illinois . During the
same period the'Company sold from its Peoria plant finished prod-
ucts valued in excess of $1,000,000 , approximately 32 percent of which
was shipped to points outside Illinois . The Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
United Construction Workers, Division of District 50, United Mine
Workers of America, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During September 1942 the UnioiI, claiming to represent a majority
of the Company's employees, ,requested the Company to recognize it
as exclusive representative of such employees. The Company refused
this request stating that it doubted the Union's claim to a majority.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
9 The Regional Director reported that the Union presented 118 membership application
cards being apparently genuine signatures of persons whose names appear on the Com-
pany 's pay roll of September 25, 1942. There are approximately 160 employees in the
unit hereinafter found to be appropriate.
THE, BARRETT' DIVISION, ALLIED CHEMICAL &. ;DYE _, CORP. 97
IV. THE APPROPRIATE UNIT
The Union contends that all production and maintenance em-
ployees at the Peoria plant of the Company, including beater engi-
neers, assistant' beater engineers, and laboratory employees, but
excluding the superintendent; foremen, office and clerical employees,
watchmen, firemen, relief firemen, coal and ash handlers, boiler"
washers, boiler washers' helpers, and plant oilers, constitute an appro-
priate unit. The, parties are in dispute as to the status of beater
engineers , assistant beater engineers, and laboratory employees. The
Union would include all, such employees in the unit and the Company
would exclude' them. In addition the Company would include fire-
men, 'relief firemen, coal and ash handlers, boiler washers; boiler
washers' helpers, and plant oilers in the unit.
On June 26, 1942, the Board,•in another proceeding involving the
Company,3 found that all firemen, relief firemen, coal and ash
handlers, boiler washers,, boiler washers' helpers, and plant oilers,
constitute an appropriate unit. The Company now contends that
such employees should be part of a larger plant-wide unit. As stated
above, the Union desires that such employees be excluded from the
unit- in the instant proceeding. - Under all, the circumstances, we shall
exclude such employees from the unit.
Assistant beater engineers-The Company employs 4 persons des-
ignated by it as assistant beater engineers. Such employees have
the. authority to recommend the discharge of the 15 to 27 employees'
under them. - The assistant beater engineers are charged with' the
responsibility of deciding the amount and quantity of raw materials
to be processed and they act as timekeepers for several classes of
employees.- In addition.' to their supervisory duties, each of the
assistant beater engineers has an office and spends approximately 27
hours a day keeping clerical records. We shall exclude assistant
beater: engineers from, the unit. ,
,Beater engineers-These persons have supervisory control over the
assistant `beater engineers discussed above. We shall exclude them
from the unit. ' -
-Laboratory employees" The Company employs 4 persons in its
laboratory, who are engaged in performing routine test's to determine
whether the Company's raw materials and products are according
to specifications: These employees are not trained technicians and
receive -about the' same rate of pay as other employees 'throughout
the plant. Under' the, circumstances we shall include the laboratory
employees in the unit : - -
We find that all production and maintenance employees at the
5 Matter of The Barrett Company and International Brotherhood of Firemen and Oilers,
Local #8, 41 N. L. R. B. 1327.
504086-43-vol. 46-7
-98 DECISIONS OF' NATIONAL"LABOR' RELATIONS -,- BOARD:'
Peoria plant of the Company, including -laboratory employees, but
excluding the superintendent, foremen, office and clerical -employees,
watchmen, firemen, relief firemen, coal and ash" handlers, boiler
washers, boiler, washers' helpers, plant oilers, assistant beater en-
gineers, and beater engineers, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9'
(b) of the Act.. .
V. THE DETERMINATION OF REPRESENTATIVES ,
.We shall, direct that the question-concerning representation which.
has arisen be resolved by an election by secret ballot among the,
employees ' in the • appropriate unit who were employed during the ;
pay-roll period immediately preceding the date, of the Direction- of
Election herein, subject to the limitations and additions set forth
in- the Direction.
DIRECTION OF ELECTION
'By virtue .of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, and pursuant to Article- III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,'
it is' hereby
DIRECTED that,' as part of the investigation to ascertain representa-'-
tives for the purposes of, collective bargaining with The Barrett
Division, 'Allied Chemical & Dye 'Corporation, Peoria, Illinois, an
election by secret ballot shall be conducted as early as possible, but -'
not later than thirty (30) days from the date of this Direction, under'
the' direction and -supervision of the Regional Director. for the
Thirteenth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to ' Article III, Section 10, of
`said Rules and Regulations, among the employees in the unit found'
appropriate in Section IV, above, who were employed during the
pay-roll period immediately' preceding the date of this Direction,
including any such employees who did not work' during said pay-
roll' period because they were ill or on vacation or temporarily laid
off, and including employees in the armed' forces of the United
States who present themselves in person 'at the polls, but excluding
any who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by United Construction
Workers, Division of District 50, United' Mine Workers of America,
for the purposes of collective' bargaining.