Carbide and Carbon Chemicals Corp.

National Labor Relations Board - Board Decisions

Oct 18, 1945

64 N.L.R.B. 330 (N.L.R.B. 1945)

In the Matter of CAin 1DE AND CARBON CHEMICALS CORPORATION and
BROTI-IERnOOD ' Or PAINTERS, DECORATORS AND PAPERHANGERS OF
AMERICA, LOCAL UNION 970, A. F. OF L.
Case No. 9-P-158/..-Decided October 18, 1945
Mr. TV. C.' Treanor, of New York City, and Mr. S. TV. Pickering II,;
of South Charleston, W. Va., for the Company.
Mr. TV. H. Garrett,, of Norfolk, Va., and Mr. F. A. Haid, of Charles-
ton, W. Va., for the Painters.
Mr. E. E. Ilollyfeld, of Charleston, W.`Va.; for District 50.
Mr. Charles TV. Schneider, of counsel to the Board.
DECISION
AND "
DIRECTION OF ELECTIONS
STATEMENT OF THE , CASE
Upon a petition duly filed by Brotherhood of Painters, Decorators
and Paperhangers of America, Local Union 970, A. F. of L., herein
called the Painters, alleging that a question affecting commerce had
arisen concerning the representation of employees'of Carbide and Car-
bon Chemicals Corporation, Smith Charleston, West Virginia, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due' notice before James A. Shaw,
Trial Examiner. Said hearing, was held at Charleston; West Virginia,
on July 2, 1945. The Company, the Painters, and District 50, United
Mine Workers of America, herein called-District 50, appeared and
participated. All parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. During the hearing District 50.moved to dis-
miss the petition. This motion was referred to the Board. It is
hereby denied' The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded Opportunity to file briefs with the' Board.
1 The ground for the motion was that compliance proceedings were pending concerning
charges of unfair labor practices previously filed by District 50 (Case No- 9-C-1989). The
record indicates that 'there was an informal settlement of these charges and that the
Company has complied with this settlement.
64 N. L. R. B., No 61 "
330 -
CARBIDE, AND CARBON CHEMICALS CORPORATION 331
Upon the entire record in the case, the Board, makes the following :
FINDINGS OF FACT
I. THE-BUSINESS OF TILE COMPANY
Carbide' and Carbon Chemicals Corporation is a New York cor-
poration having its principal office in New York City, and operating
chemical plants in various locations throughout the United States.,
One of those plants is located at South Charlestoii, West Virginia,
and another at Institute, West Virginia. These two are the only
plants involved iii the present proceeding. During the 12-month
period precedim, the hearing, the Company purchased, for use at
the two plants, raw materials valued in excess of $500,000, 50 per-
cent of which was secured from sources outside the State of West
Virginia. During the same period, finished products valued in 'ex-
cess of $500,000 were manufactured at the two plants, approximately.
75 percent of which products was shipped to points outside the State
of West Virginia. The Company stipulated, for the purpose of this
proceeding, that it is engaged in commerce ivithin the meaning of the
National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Brotherhood of Painters, Decorators and Paperhangers of America,
Local Union 970, affiliated with the American Federation of Labor,
and District 50, United Mine Workers of America, are labor organi-
zations admitting to membership employees of the Complaily.
ill. 7'll}; (^UIBR'I'IO^ (JONCP:ItN1NG 1th:riIESENTATION,
On August 1, 1944, the Painters notified the Company that it repre-
sented a majority of the painters employed in the Company's South
Charleston and Institute plants, and requested recognition as the
collective bargaining representative of such employees. At a subse-
quent conference, the Company declined to extend such recognition.
A 'statement "of a Field Examiner for the. Board, introduced into,
evidence at the hearing, indicates that the Painters represents a sub-
stantial number of employees in its alleged appropriate-unite
We find that, a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 0' (c) and Section 2'((;) and (7) of the Act.
' The Painters submitted evidence to the Field E'ammer that it represented 43 of 52
'persons at the South Charleston plant twcfhm its alleged appropriate unit, and 8 of 15
persons at the 'Institute plant within such unit District 50 submitted -evidence that it
represented 27 persons at the South Charleston plant within the Painters' alleged appro-
priate unit No evidence as to representation was submitted bs`District 50 with respect
to the Institute plant .,
I
332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IF. THE-APPROPRIATE UNIT
The Painters contends that all first- and second -class painters,
glazers, apprentices and helpers in the Production and Maintenance
and Construction Departments of the South' Charleston plant, and
siiriilar classifications of employees -at the Institute,plant, excluding
clerical employees , foremen, assistant foremen, and all other , super-
visory employees , constitute a single appropriate unit.
The Company,and District 50 contend that the above unit is inap-
propriate for the reason that it includes employees of both plants
and that, in any event, the appropriate units should be plant -wide in
scope. District 50 claims no interest in the employees at the Institute
plant, having no representation among them, and is not requesting an
election at the South Charleston plant at this time. The Company
additionally contends that if an election is directed among the paint-
ers, two appropriate units should be established at the South Charles-
ton plant, one consisting of Production and Maintenance Department
painters , the other of Construction Department painters . There is
no history of collective bargaining at either plant.
The two plants are separated by some 8 miles. The South .Charles- i
ton operation is a permanent establishment , owned and operated by
the Company for approximately 25 years. Here the Company manu-'
factures chemical products , which is its regular business . The Insti-
tute, plant, however , manufactures butadeine and styrene , ingredients,
used in the production of synthetic rubber. This plant was constructed
by the Rubber Reserve Corporation in 1941 and is owned by Defense
Plant Corporation , both governmental agencies . It is operated by the
Company under a fixed-fee contract with Rubber . Reserve Corpora-
tion. The entire output of the Institute plant is delivered to the United
States Rubber Company ,, which operates a nearby synthetic rubber
plant for the United States Government.
Although both plants are under the same top management, they
are administratively separate operatioiis , both as to supervision and
personnel . How long the Company will continue to operate the Insti-
tute plant is conjectural . There -is no interchange of employees
between the two plants except on rare occasions . During the course of
the present hearing, in response to an assertion by the Company to the
effect that a single contract for the South Charleston and Institute
paiiiters . would be administratively unworkable , the representative of
the Painters stated that he would be willing to negotiate separate
agreements for the two groups.
In view of the character of the two plants , the nature 'of the Com--
pany's differing interests in their, their administrative and geograph-
ical separation , and the possible temporary status of the Company
as the operiitor of the Institute plant, we are of the opinion and find
CARBIDE AND - CARBON CHEMICALS CORPORATION 333
that at the present time employees of the two establishments more
properly belong in separate bargaining units.
'Since there is no history of collective bargaining on a more compre-
hensive basis and the Painters seeks, to represent craft employees,
we are of the opinion that such employees may be bargained for
separately. -
As has•been indicated,'however, the Company would establish two
separate units of painters at the South Charleston plant., The nature
of the Company's -business at that plant apparently requires constant
construction. This work is done-under the supervision of the Con-
struction Department, which employs numerous craft groups. Ordi-
nary maintenance work is done under the supervision of the Produc-
tion and Maintenance Department. There is no such distinction at
the Institute plant. The two departments at the South Charleston
plant have different supervisors, headquarters, locker rooms, and time
clocks: So far as the practice of their craft is concerned, however,
the only apparent difference between the two groups of painters is in
the type of structure on which they work. They are clearly inter-
changeable, and in the event of cutbacks, transfers would be effected
where possible.. Upon the above considerations, we are of the opinion
and find that construction Department and Production and Mainte-
nance Department painters at the South Charleston plant belong in
a single appropriate unit."-
We therefore find that each of the following groups of employees,
excluding office and clerical employees, foremen, assistant foremen,
and all other supervisory, employees, with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute units
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
-1. All painters, glazers, apprentices' and helpers employed at the.
Company's South Charleston, West Virginia, plant.
2. All painters, glazers, apprentices and helpers employed at the
Company's Institute, West Virginia, plant. -
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by 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.
a The,record indicates that there are seven miscellaneous painters, scattered throughout -
other departments at this plant Because of the nature of their work, these employees al-o
belong in the appropriate unit
334 DECISIONS OF NATIONAL LABOR RELATIONS 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Carbide ,and Car-
bon Chemicals Corporation, South Charleston, West Virginia, separate
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 Ninth
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article Ill, Sections 10 and 11, of said Rules
and Regulations, among the employees in each of the units found
appropriate, in Section IV, above, who were employed during the
pa,y,roll period immediately preceding the date of this Direction,
including employees who did not work during the.,said pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing employees in the armed forces of the United States who present
themselves in person it the polls, but excluding any wlio have since
quit or been discharged for cause and-have not been rehired or rein-
stated prior to the date of the elections; to determine: (1), whether
the employees in unit 1 described in Section IV, above, desire to be
represented by Brotherhood of Painters, Decorators and Paperhangers
of America, Local Union 970, American Federation of Labor, or by
District 50, United Mine Workers of America, for the, purposes of
collective bargaining, or by neither; and (2) whether or not the
employees in unit 2 described in Section IV, above, desire to-be repre=
sented by Brotherhood of Painters, Decorators and Paperhangers of
America, Local Union 970, American Federation of Labor; for the
purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Elections.
J