American Agricultural Chemical Co.

National Labor Relations Board - Board Decisions

Jan 4, 1943

46 N.L.R.B. 684 (N.L.R.B. 1943)

In the Matter of AMERICAN -AGRICULTURAL CHEMICAL COMPANY and
UNITED GAS, COKE AND CHEMICAL WORKERS OF AMERICA, C. I. O.
Case No. R-4607:Decided January 4, 1943
Jurisdiction : fertilizer manufacturing industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord recognition without certification of Board ; contract held 'no bar to,
when unresolved question existed as to which union employees desired as
bargaining agent after union schism, notice of termination had been given by
the local union, and parent union asserting contract as bar had sought to
negotiate for new contract ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including regular seasonal employees,-but excluding foremen, watch-
men, and office help; stipulation as to.
Mr. R. M. Crain, of National City, Ill., for the Company.
Mr. Victor B. Harris, of St. Louis, Mo., for the C. I. O.
Mr. Neil Beam, of St. Louis, Mo., for District 50.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Gas, Coke and Chemical Work-
ers of America, C. I. O.,1 herein called the C. I. O. alleging that a
question affecting commerce had arisen concerning the representation
of employees of American Agricultural Chemical Company, National
City, Illinois, herein called the Company, the National Labor Relations
Board provided -for an appropriate hearing upon due notice before
Charles J. Hackler, Trial Examiner. Said hearing was held at St.
Louis, Missouri, on November 30, 1942. The Company, the C. I. 0.,
and District 50, United Mine Workers of America, Local 12216, herein
called District 50, appeared, participated, and were- afforded full
opportunity to be heard, to examine and cross-examine witnesses and
1 The name of the petitioning union was changed from National Council of Gas, Coke
& Chemical Workers, an unaffiliated organization , to United Gas, Coke and Chemical
Workers of America, C . I. O. subsequent to the filing of the petition . Upon motion made
at the hearing , the formal title in the case was changed to conform to the new name.
46 N. L. R. B., No. 80.
.684
AMERICAN AGRICULTURAL CHEMICAL COMPANY 685
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.
_Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Agricultural Chemical Company is a Delaware corpora-
tion which manufactures and sells commercial fertilizer at its plant
at National Stockyards,, Illinois. During the, last fiscal year next pre-
ceding the hearing, the Company purchasedraw materials valued in
excess of $70,000, 70 percent of which was secured' from points outside
the - State of Illinois. During the same period the Company sold
about $900,000 worth of fertilizer, 80 percent of which was shipped
to purchasers outside the State of Illinois.
The Company admits that it is engaged in. commerce within the
meaning, of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Gas, Coke and Chemical Workers of America is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company. ,
District 50, United Mine Workers of America, Local 12216, is a
labor organization, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 16, 1941, the Company and District 50 entered into a
collective bargaining agreement which was retroactive to November
14, 1941. No definite term was set forth in the contract, but it was
terminable upon 30 days' notice by either party.
During the first week in June 1942 representatives of various Dis-
trict 50 locals convened in Washington, D. C., and voted to withdraw
from the United' Mine Workers of America and to set up an inde-
pendent organization known as National Council of Gas, Coke and
Chemical Workers of America, herein called the National' Council.
On June 10, at a meeting of local 12216 attended by about 40 members
a resolution severing connections with District 50. and applying for
affiliation with National Council was passed. Immediately thereafter
a delegation of union members informed the Company's superin-
tendent of the action the local had taken and requested that he substi-
686 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tute the National Council for District 50 in the contract. The
superintendent requested time to consider the matter. On the same
day the` Regional Director of District 50 advised the Company that
any negotiations with representatives other than those of District 50
would he deemed a violation of the contract, which he claimed was
still in full force and effect.
On July 6, 1942, at a meeting of the local attended by about,20
members, a resolution was passed, reaffirming the resolution of June
10. On July 14, 1942, the National Council filed its petition. On
July 20, at a regular meeting of the local, this time attended by about
30 members, a unanimous resolution was passed rescinding the action
taken on July 6 and reaffirming allegiance to District 50. On Novem-
ber 3, 1942, the officers of the local delivered to the Company a written
notice of termination of the contract between District 50 and the Com-
pany. A week later the Regional Director of District 50 requested
a conference with the Company to discuss the terms of a new contract.
The Company has refused to negotiate with either organization until
one has been certified by the Board.
District 50 contends that the contract of December 16, 1941, is in full
force and effect and operates as a bar to this proceeding, and that in
any event the action taken by the local on July 20, ,1942, effectively
restored the entire union membership to good standing with District
50. The record shows, however, that there is an unresolved question
as to which organization the employees desire to act as their repre-
sentative. Moreover, the contract being terminable upon 30 days'
notice, the officers of the local on November 3 gave notice of termina-
tion, and District 50 on November 10, 1942, sought to enter into negotia-
tions for a new contract. Under these circumstances the contract does
not constitute a bar, and we find that an election by secret ballot
should be held to resolve the question concerning representation.'
A report prepared by the Regional Director and introduced into
evidence at the hearing, and a statement of the Trial Examiner, indi-
cate that the C. I. O. and District 50 each represents a substantial num-
ber of employees in the unit hereinafter found appropriate.3
2 See Matter of Brennzer Trucking Company et al and United Paving and Budding
Supply Workers Local Industrial Union No 1271. C 1. 0 , 44 N L R B 810
s The Regional Director reported that the National Council submitted to him 42 cards
withdrawing membership in District 50 and applying for membership in the National
Council All of the cards bore apparently genuine original signatures , and were dated
between June 15 and 19 , 1942; 42 of the names submitted were on the Company 's pay roll
of July 16 , 1942, which listed 49 names in the claimed unit.
At the hearing , District 50 furnished the Trial Examiner with 78 -authorization caii1s
All bore apparently genuine signatures and were dated between July 25 and August 31,
1842. A check was made against the pay roll of July 16 and it was determined that 42
of the 49 persons listed on that pay roll had also signed Distinct 50 cards. A further
check was made against the pay roll of November 26, 1942, and of a total of 70 employees
in the unit claimed, 53 names appeared on the cards submitted. ,
AMERICAN AGRICULTURAL CHEMICAL CO. 687
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.
IV. THE APPROPRIATE UNIT
All parties stipulated, and we find, that all production and mainte-
nance employees engaged at the National City Stockyards plant of the
Company, including regular seasonal employees; but excluding fore-
men, watchmen , and office help, 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 em-
ployees 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 American Agricul-
tural Chemical Company, National City, 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 su-
pervision of the Regional Director for the Fourteenth 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
all employees iii the unit found appropriate in Section IV above,
who were employed during the pay-roll period immediately preceding
the date of this Direction , including employees who did not work dur-
ing said pay-roll period because they were ill'or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
chiding those employees who have since quit or been discharged for'
cause, to determine whether they desire to be represented by United
Gas, Coke and Chemical Workers of America, C. I. 0., or by District
50, United Mine Workers of America, Local 12216, for the purposes
of collective bargaining, or by neither. •