American Cyanamid & Chemical Corp.

National Labor Relations Board - Board Decisions

Jun 21, 1943

50 N.L.R.B. 735 (N.L.R.B. 1943)

U
In the Matter of AMERICAN CYANAMID &CHEMICAL CORPORATION and
INTERNATIONAL UNION, ALUMINUM WORKERS OF AMERICA, AFFILI-
ATED WITH THE C. I. O.
In the Matter of AMERICAN CYANAMID & CHEMICAL CORPORATION and
INTERNATIONAL UNION, ALUMINUM WORKERS OF AMERICA, AFFILI-
ATED WITH THE C. I. O.
Cases Nos. R-54.5'7 and R-5 458.Decided June 21, 1943
Mr. Howard Cockrill, of Little Rock, Ark., for the Company.
Mr. -R. W. Goddard, of Benton, Ark., for the Aluminum Workers.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Union, Alumi-
num Workers of America, C. 1. 0., herein called the Aluminum Work-
ers, alleging that questions affecting commerce had arisen concerning
the representation of employees of American Cyanamid & Chemical
Corporation, West Bauxite, Arkansas, herein called the Company,
the National Labor Relations Board consolidated the cases and pro-
vided for an appropriate hearing upon due notice before J. Michael
Early, Trial Examiner. Said hearing was held at Little Rock,
Arkansas, on May 28, 1943. The Company and the Aluminum Work-
ers'appeared at and participated in the hearing:' All parties 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Cyanamid & Chemical Corporation is a Delaware' cor-
poration operating two plants near West Bauxite, Arkansas, with
'Although District 50, United Mine Workers of America, herein called District 50; was
served with notice of hearing , it did not appear. ,
50 N. L. R. B., No. 104.
735
'736 DECIPSIVONuS OF NATIONAL LABOR RELATIONS BOARD
which we are here concerned, known,as the West Bauxite plant and
the Ozark plant. The Company is engaged in the manufacture and
mining of bauxite at its West Bauxite and Ozark plants. During
the 6-month period preceding March 31, 1943, the Company purchased
raw materials valued in excess of $50,000 for use at its West Bauxite
and Ozark plants, about 50 percent of which was shipped to it from
points outside the State of Arkansas. During the same period, the
Company produced materials at its West Bauxite and Ozark plants
valued in excess of $1,500,000, approximately 5 percent of which was
shipped to points outside the State of Arkansas.
II. THE ORGANIZATIONS INVOLVED
International Union, Aluminum 1Vor6rs of America, is a labor
organization-affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
District 50, United Mine Workers of America, is a labor organization,
admitting to membership employees of the Company.
III. THE QUESTIONS -CONCERNING REPRESENTATION
The Company refuses to recognize the Aluminum Workers as the
exclusive collective bargaining representative of any of its employees
on the ground that the Aluminum Workers is not the duly designated
bargaining agent.
On February 26, 1942, the Company and District 50 entered into an
exclusive bargaining contract covering the employees of the Ozark
plant . Said contract provides that it shall remain in full force and
effect until February 28, 1943, and indefinitely thereafter unless either
party thereto shall give thirty days' notice to the other of a desire to
terminate.- Inasmuch as the contract is terminable upon thirty days'
notice by either party thereto, we find that it does not constitute a bar
to the determination of representatives at the'Ozark plant at this time.
A statement of the Trial Examiner, read into evidence at the hear-
ing, indicates that the Aluminum Workers represents a substantial
number of employees in each of the 'nits hereinafter found to be
appropriate.2
'We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the meaning
2 The Trial Examiner stated that the Aluminum workers presented 48 membership
application cards bearing apparently genuine signatures of persons whose names appear on
the-Company 's Pay roll of May 15 , 1943 , for the Ozark plant . There are 74 employees in
the appropriate unit at that plant. The Trial Examiner further reported that the Alu-
minum Workers presented an authorization , petition , and application cards bearing ap-
parently genuine signatures of 24 persons whose names appear on the Company 's pay roll
of May 15, 1943, for the West Bauxite plant. There are 51 employees in the appropriate
unit at the West Bauxite plant.
AMERICAN CTANAMID & CHEMICAL, CORPORATION, 737
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE , .,UNITS
The Aluminum Workers urges that (1)- all production and m'ain'te-
nance employees at the West-Bauxite plant of the Company,' including
laboratory laborers and weighers, but excluding supervisors; shift fore-
men, foremen, survey engineers, survey helpers, chemists, clerical em-
ployees, arid watchmen, and (2) that all production and maintenance
employees at the Ozark plant of the Company, including samplers, but
excluding supervisors, foremen,shift foremen, chemists, watchmen, and
clerical employees, constitute two 'separate appropriate bargaining
units. The Company took no position with respect to the'appropriate
unit or units.
The duties of the samplers and laboratory laborers are identical in
that each group check chemical samples and work in connection with
the chemists. Samplers at the Ozark plant were excluded in the coh-
tract between the Company and District 50. Under the circumstances, '
we shall exclude laboratory helpers and samplers from the unit.
We find that all production and maintenance employees at 'the West
Bauxite plant of the Company; including weighers, but excluding
supervisors, shift foremen, foremen, survey engineers, survey helpers,
chemists,' clerical employees, watchmen, and laboratory laborers, con-
stitute a unit appropriate for the purposes of collective bargaining,,
within the meaning of Section 9 (b) of the Act.
We further find that aX production and maintenance employees at
the Ozark plant of the Company, excluding supervisors, foremen, shift
foremen, chemists, watchmen, clerical employees, and samplers, con-
stitute 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 questions concerning representation,which
have arisen be resolved by means of elections by secret ballot among
the employees in the appropriate units who were employed during
the pay-roll period immediately preceding, the date of the Direction
of Elections herein, subject to the limitations and additions set forth
in the Direction.
Inasmuch as District 50 is a party to a contract with the 'Company
covering the employees at the Ozark plant, we shall accord it a place
on the ballot in the election to be directed among the employees at that
plant.
738 DDEdIsirll01V!S-''OF- NATDON-AL LABOR 'RELATION' S BOARD
DIRECTION OF ELECTIONS
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 Cyana-
mid & Chemical Corporation, West Bauxite, Arkansas, elections 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 Fifteenth 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 :
- 1. The employees in the unit found appropriate for the West Bauxite
Plant in Section IV, above, who were employed during the ;pay-roll
period immediately preceding the date of this Direction, including em
ployees 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
International Union, Aluminum Workers of America, affiliated with
the Congress of Industrial Organizations, for the purposes, of collective
'bargaining. '
2. All employees in the unit found appropriate for the Ozark Plant
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 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 they desire to be represented by Inter-
national Union, Aluminum Workers of America, affiliated with the
Congress of Industrial Organizations, or by District 50, United Mine
Workers of America,.for,the purposes of collective bargaining, or by
neither.
MR. GERIARD D. REILLY took no part in the consideration of the above
Decision and Direction of Elections. •