Chemical Construction Co.

National Labor Relations Board - Board Decisions

Jun 8, 1943

50 N.L.R.B. 223 (N.L.R.B. 1943)

In the Matter of CHEMICAL CONSTRUCTION COMPANY, LAKE ONTARIO.
ORDNANCE WORKS and UNITED GAS, COKE AND CHEMICAL WORKERS
OF AMERICA, LOCAL 150, AFFILIATED WITH THE C. I. O.
Case No. R-5340.Decided June 8,1943 -
Messrs. G. J. Weisbeck and F., Allen Hall, of Lewiston, N. Y., for,
the Company.
Mr. Charles A. Doyle, of Niagra Falls, N. Y., for the C. 1 ' 0.
Messrs. Harry Mangold and A. R. Meyers, both of Niagara Falls,
N. Y., for the United Mines Workers.
Mr. Neil J. Cunningham, of Buffalo, N. Y., for the A. F. of L.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF THE ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Gas, Coke and Chemical Work-
ers of America, Local 150,, affiliated with the C. I. 0., herein called
the C. I. O.; 'alleging that a question affecting commerce had arisen
concerning the representation of employees of Chemical Construction
Company, Lake Ontario Ordnance Works, Lewiston, New York,
herein called the'Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Peter J.
Crotty,. Trial, Examiner. Said hearing was held at Niagara Falls,
New, York, on May 7, 1943. The Company, the C. I. 0., and Dis-
trict 50, United Mine Workers of America, herein called the United
Mine Workers, and the American Federation of Labor, herein called
the A. F. of L., appeared, participated, and were afforded full op-
portunity 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
Chemical Construction Company, a Delaware corporation, has'a
place of business and plant, the,only one involved in this proceeding,
50 N. L. R. B., No. 38.
• 223
224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at Lewiston, New York, where the Company is engaged in the manu-
facture of TNT at its project known as Lake Ontario Ordnance'
Works. During the period from January 1 to May 7, 1943, the
Company used at its Lewiston plant raw materials of a value in
excess of $50;000, of which 10 percent represented shipments made to
the Company's Lewiston plant' from points outside-tl State of New
York: During the same period, the Company manufactured and
shipped from its Lewiston plant finished products of a value in excess
of $50,000, approximately all of which was shipped to points outside
the State of New York. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
United Gas, Coke and Chemical Workers of America, Local 150,
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 organiza-
tion admitting to membership: employees of-the Company.
American Federation of Labor is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
tt
On March 22, 1943, the C. I. O. requested that the Company recog-
nize it as the exclusive bargaining representative for the Company's
production and maintenance employees. The Company declined to
recognize the C. I. O. until it was certified by the Board.
A statement of a Field Examiner of the Board, introduced in
evidence at the hearing, indicates that the C. I. '0. represents a sub-
stantial 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 Section 2 (6) and (7) of the Act.
3 The Field Examiner reported that the C . I. O. had submitted 529 designations , of which
327 dated between November 1942 and March 1943 ( with the exception of 41 undated),
bore the apparently genuine original signatures of persons whose names appear on the
company's pay roll of March 30, 1943, which listed approximately 1,246 employees within
the appropriate unit The Trial Examiner further reported that District 50 had sub-
nritted 151 designations of which 77 , dated between September and December 1942 (with
the exception of 18 undated), bore the apparently genuine original signatures of persons
whose names appear on the Company 's said pay roll In addition to the cards referred
to in the Field Examiner's report, there were presented to the Trial Examiner at the hear-
ing 128 cards 'for the C. I O. and an undetermined number of cards for the A. F. of L ,
which additional cards were received though not checked by the Trial Examiner in view
of a stipulation by the pal ties at the hearing that each of the unions involved represents
a substantial number of employees in the unit which it deems to be appropriate.
CHEMICAL CONSTRUCTION COMPANY 225
IV. THE APPROPRIATE UNIT
The C. I. O. and the United Mine Workers contend that the appro-
priate unit should consist of all hourly paid production and main-
tenance workers including cafeteria employees, timekeepers, tool crib
attendants and junior clerks, production clerks, inside expediters
(stock chasers), and grade A mechanics, but excluding office and
clerical employees, confidential employees, plant guards and all su-
pervisory employees having the right to hire and discharge. The
Company is in agreement with the C. I. O. and the United Mine
Workers except as to the fringe groups comprising timekeepers, tool
crib attendants and junior clerks, and production clerks. The A. F.
of L. on the other hand, urges a separate unit for craft maintenance
employees apart from production workers, but takes no position on
the inclusion or exclusion of fringe groups.
On the issue of a separate unit for craft maintenance employees,
while it appears that the Company's organization contains a main-
tenance department as such which has a separate office and certain
shops that are separate from the rest of the plant, the record also
reveals' that there are a number of maintenance, men who work in
and around the various departments doing maintenance work: In
addition, it is clear that all rules and regulations pertaining to work-
ers at the plant apply equally to maintenance men the same as to
employees of other departments. Both production and mainte-.
nance employees are subject to the time clock system. In a number
of departments production and maintenance employees use the same
lockers and washing facilities. While some maintenance employees
report to a separate place, others are assigned directly to the pro-
duction areas to which they report. Though the A. F. of L. has ap-
parently limited its organizational activities to craft maintenance
employees, the C. I. O. and the United Mine Workers have organ-
ized on a plant-wide basis. The Company has no history of collec-
tive bargaining covering either craft maintenance employees or pro-
duction',workers. In view of the close functional relationship between
production and, maintenance employees, and ,the fact that two of the\
three organizations involved have organized on an industrial basis,
we are of the ,opinion and find that a separate unit of maintenance
employees of the Company is not appropriate.
There remains for consideration the question of including or ex-
cluding the following fringe groups from the appropriate unit.,
Tool-crib= attendants and junior clerks: These employees give out
tools, check them and keep a record thereof. There is no evidence
that tool crib attendants and clerks exercise any supervision over other
employees, or•,.dooany. clerisal_,R-ork per than the checking of tools
226 DECISIONS O F NATIONAL , LABOR RELATIONS BOARD
and the incidental keeping of records already referred to. We find
that tool crib attendants and junior clerks have substantial interests
in common with production'and maintenance employees. We shall,'
accordingly, include, them within the appropriate unit.2
Timekeepers: While these employees are paid on an hourly basis,
they are classified as clerical employees, which classification entitles
them to certain advantages over the hourly paid production employees
in the matter of'vacations and sick leave. Timekeeper's report to the
comptroller who is attached to the accounting, purchasing, and cost
department. Though some timekeepers go into the plant, timekeepers
generally work in an office at the entrance to the plant. We are of
the opinion that timekeepers have not sufficient interests in common
with the production and maintenance employees to warrant their in-
clusion in the appropriate unit. We shall accordingly exclude time-
keepers from the unit .3
Production clerks: These 'employees, though classified as clerical
workers, are hourly paid employees who come under the jurisdiction
of the departments in which they, are, working. We find that they
have substantial interests in 'common'with the'production and main-
tenance employee's and shall include them, within the appropriate
unit.4 - -
Expediters (stock chasers) : The employees covered by this classi-
fication are hourly paid inside workers attached to the stores depart-
ment and perform 'the duties of ordinary stock chasers in seeing that'
material is kept on hand to prevent delays in production. They are
distinguishable from outside expediters attached to the purchasing
department. All parties are agreeable to the inclusion of inside ex-
pediters within the appropriate unit. We are of the opinion and find
that inside expediters, otherwise known as stock chasers, have silb-
stantial interests in common with the production employees. We shall
include them within the appropriate unit.'
Grade A mechanics': While no issue exists with, respect to these
employees whom' all unions would include within the appropriate, unit,
a,See Matter of Port Houston Iron Works and International Brotherhood , of Boilermak-
ers, Iron Shipbuilders , Welders & Helpers of America , Local No. 74 and International As-
sociation of Machinists Local No. 832, 46 N. L. R B. 155 ; Carl B. Hedblom and Byron C.
Hedblom, Co -'partners d/b/a Genet al Ship and Engine-Works and Mutual Ship Workers
Union, 49 N L. R. B 1290.
eSee Matter of The Atwood Machine Company ' and International'Assoczation oftMa-
ehznists (AFL), 38.N. L. R B. 1270; Matter of Automatic Transportation Company, Di-
vision of The Yale it Towne Mfg. Co and International Union, United Automobile , Aircraft
& Agricultural Implement Workers 'of America, affiliated iozth the'C: 1: 0, 39 N. L. R. B.
898; Matter of Carl G. Hedblom and Byron C. Hedblom, Co-partners d/b/a General Ship
and Engine Works and Mutual Ship Workers Union , 49 N. L. R B. 1290.
* See'Matter' of Ken `Rad Tube and Lamp Corporation and International Union, United
Automobile Workers of A',herica, affiliated with the American Federation of Labor, 42 N. L.
R. B 1235
6 See Matter of Worthington Pump and Machinery Corporation , Moore Steam Turbine
Division and International Association of Machinists, Lodge 1580 , A F. of L ., 44 N. L.
R. B. 779.
CHEMICAL-CONSTRUCTION COMPANY 227
it appears that they have supervisory powers over lower grades of
mechanics with respect to whom they have the right to recommend pro-
motion, discharge or reclassification. Moreover, such, recommenda-
tions form in most cases the only basis upon which, the supervisor in.
charge may determine whether an employee ,is qualified to do certain
work. , Under the circumstances, we are of the opinion and find that
grade At•mechanics exercise, substantial ,supervisory authority over
employees within the appropriate unit, and we shall therefore exclude ,
them from such unit.
We find that all hourly paid production and maintenance employees:
employed by the Company at its Lake Ontario Ordnance Works, in
eluding cafeteria employees, tool crib attendants and junior clerks;
production clerks, and inside expediters (stock chasers), but excluding
timekeepers, office and clerical employees, confidential employees, plant,
guards, and all supervisory employees (including grade A mechanics)
having the right to hire and discharge or to recommend such action,
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 £o the limitations and additions set forth in the
Direction.
Although the A. F. of L. has not indicated a desire to participate
in an election among employees in the unit which we have hereinabove
found to be appropriate, we shall accord it a place on the ballot since
it has.made;a.showing of representation. We shall, of course, permit
it to withdraw from, the election if it so requests.
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 Rela-
tions 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 Chemical Con-
struction Company, Lewiston, New York, 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 super-
228 DEC'ISIONS' OF NATION AL LABOR RELATION'S BOL&RD
vision of the Regional Director for the Third 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 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 employees who did not work during
such 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
excluding 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, Local 150, C. I. 0., or
by District 50, United Mine Workers of America, or by the American
Federation of Labor, for the purposes of collective bargaining, or
by none of said organizations.