Argonne National Laboratories

National Labor Relations Board - Board Decisions

May 9, 1950

89 N.L.R.B. 1236 (N.L.R.B. 1950)

In the Matter of ARGONNE NATIONAL LABORATORIES, EMPLOYER and
UNITED GAS, COKE AND CHEMICAL WORKERS OF AMERICA, CIO,
PETITIONER
Case No: 13-RC-978.-Decided May 9,1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Richard C.
Swander, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor-
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Reynolds, Murdock, and
Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner; the International Guards Union of America,
an Intervenor, herein called the Guards Union; and The College, Uni-
versity and Private School Employees Union, Local 321, also an
Intervenor, herein called the College Union, are labor organizations
claiming to represent employees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit of all the Employer's fire fighters
at its Lemont, Illinois, laboratories. Whether or not these employees
are guards within the meaning of Section 9 (b) (3) of the Act, is the
issue to be determined.2 The Petitioner'and the College Union, being
affiliated with organizations which admit to membership employees
1 The fire fighters have never been represented by any labor organization . The Employer's
"guards" are presently represented by the Guards Union . The Employer 's administrative
employees are represented by the College Union.
2 Section 9 ( b) (3) provides:
The Board shall not decide that any unit is appropriate for such purposes if it
includes , together with other employees, any individual employed as a guard to enforce
89 NLRB No. 152
1236
ARGONNE - NATIONAL LABORATORIES 1237
other than guards, are not qualified under the Act to represent guards.
The Employer and the Guards Union contend that they are guards,
contrary to the position of the Petitioner.
The fire fighters who are under the supervision of the fire marshal
are stationed in the fire house. They inspect, maintain, and use fire-
fighting and ambulance equipment. They recharge extinguishers,
check, mark, and repair fire hose, inspect incoming vehicles which
carry inflammables, engage in fire drills, keep a desk watch for fire
alarms, check campfires on picnic, grounds, and patrol the plant for
fire hazards.
In December 1949 the Employer installed a program to train the
fire fighters to perform duties of regular. guards in an emergency.
The Employer also issued a directive authorizing the fire fighters to
take into custody persons deliberately creating serious fire hazards.
The Employer contends that these duties are sufficient to bring the
fire fighters within the definition of "guards" as defined in the Act.
We do not agree.
The broad function of these fire fighters to protect life and property
from fire hazards is inadequate to bring them within the definition of
"guard" as defined in the Act,3 which'specifically prescribes that such
an individual be employed as a guard to enforce rules against em-
ployees and others. The record does not establish that the regular
duties of the fire fighters in this case involve the enforcement of such
rules. Such emergency and incidental powers as these fire fighters
may possess are not sufficient to make them "guards." 4 We find,
therefore, that the fire fighters are not guards within the definition
of Section 9 (b) (3) of the Act.
We find that all fire fighters employed at the Employer's Lemont,
Illinois, laboratories, excluding all other employees and supervisors
as defined in the Act, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
against employees and other persons rules to protect property of the employer or to
protect the safety of persons on the employer' s premises ; but no labor organization
shall be certified as the representative of employees in a bargaining unit of guards if
such organization admits to membership , or is affiliated directly or indirectly with an
organization which admits to membership , employees other than guards. [Emphasis
supplied.]
8 See footnote 2, supra.
4 Carbide and Carbon Chemicals Corporation , 79 NLRB 83; Standard Oil Company of
California, 79 NLRB 1466; Wilson & Co., 81 NLRB 504.
1238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION 5
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said payroll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
they desire to be represented, for purposes of collective bargaining,
by United Gas, Coke and Chemical Workers of America, CIO, or by
College, University and Private School Employees Union, Local 321,
or by neither.
. 5 Any participant in the election herein directed may, upon its prompt request to, and
approval thereof by , the Regional Director , have its name removed from the ballot.