American Cyanamid Co.

National Labor Relations Board - Board Decisions

Feb 15, 1943

47 N.L.R.B. 600 (N.L.R.B. 1943)

In the Matter of AMERICAN CYANAMID COMPANY, 'CAI.CO CHEMICAL
DIVISION and LOCAL 172, UNITED GAS, COKE & CHEMICAL WORKERS OF
AMERICA, CIO
Case No. R-4843.-Decided February 15, 1943
Jurisdiction : chemical manufacturing industry
Investigation and Certification of Representatives : existence of question : re-
fusal to accord any organization recognition until certified by the Board;
expired contract not asserted as a bar, held no bar ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of Company's plants with specified inclusions and exclusions ;
stipulation as to.
Mr. Henry C. Little, of New York City, for the Company.
Mr. Samuel L. Rothbard, of Newark, N. J., for the C. I. O.
Mr. Arthel Shelton, of Newark, N. J., for District 50.
Mr. Louis Colvin, of counsel to the Board. ^
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Local 172, United
Gas, Coke & Chemical Workers of America, CIO, herein called the
C. I. 0., alleging that a question affecting commerce had arisen con-
cerning the representation of employees of American Cyanamid Com-
pany, Calco Chemical Division, Newark, New Jersey; herein called the
Company, the National Labor Relations Board provided for 'an ap-
propriate hearing upon due notice before Frederick R. Livingston,
Trial Examiner. Said hearing was held at New York City, on Febru-
ary 1, •1943. At the commencement of the hearing, the Trial Exam-
iner granted a motion of District-SO, United Mine Workers of America,
herein called District 50, to intervene. The Company, the C. I. 0.,
and District 50 appeared, participated, and were afforded full oppor-
tunity to be' heard, to exiimine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are hereby
affirmed.
47 N. L R B., No. 78.
600
N
AMERICAN CYANAMID COMPANY 601
Upon-the entire record in the case, the Board makes,the following.
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Cyanamid Company operates a plant at Newark, New
Jersey, with which we are here concerned, known as the Calco Chemical
Division. During the 6-month period preceding December 31,,1942,
the Company used raw materials at its Newark plant valued in excess
of $50,000, approximately 95 percent of which was shipped to it from
points outside the State of New Jersey. During the same period, the
Company sold finished products from its Newark plant valued in excess
of $150,000, approximately 95 percent of which was shipped to points'
outside the State of New Jersey.
II. THE ORGANIZATIONS INVOLVED
Local 172, United Gas, Coke & Chemical Workers of America is a
labor organization affiliated with the Congress of Industrial Organ-
izations, admitting to membership employees of the Company.
District 50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees of the Company. ,
III. THE QUESTION CONCERNING REPRESENTIATION
The Company refuses to recognize either the C. I. O. or District 50
until such time as one or the other is certified by the Board.
On February 12, 1942, the Company and District 50 entered into
an exclusive bargaining contract. Inasnnich as the contract has expired
and none of the parties contends that it constitutes a bar, we find that
the contract is not a bar to a determination of representatives at
this time.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the C. I. O. represents a substantial number
of employees in the unit hereinafter found to be appropriate.'
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 Section2 (6) and (7) of the National Labor Rela-
tions Act. ,
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees at' the Newark plant of the
'The Regional Director reported that the C. I. 0. presented 131 authorization cards
bearing apparently genuine signatures of persons whose nacres appear on the Company's
pay roll of December 18, 1942. There are approximately 233 employees in the appropriate
unit . District 50 relies on its contract as e'idence of its interest among the employees
of the Company.
602 DE-CISIOLNS OF' NATIONAL ' LABOR RELATIONS BOARD
Company, including watchmen 'and group leaders, but excluding. uni-
formed guards , executives , superintendents , foremen, assistant fore-
men, supervisory employees, office and clerical employees , timekeepers,
laboratory assistants , and salaried employees , constitute a unit appro-
priate for the purposes of 'collective bargaining, within the meaning
of Section •9 (b) of the Act 2
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation be re-
solved by means of 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 Rela-
tions 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 Company, Calco Chemical Division, Newark, New Jersey, 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 Second
Region, acting in-this matter as agent for the National Labor Rela-
tions,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 em-
ployees in the armed forces of the United' States, who present them-:'
selves 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 United Gas, Coke & Chemical Workers of America,
Local 172,- 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.
2 This is the same unit that is provided for in the contract between District 50 and the
Company alluded to above.