Chicago Copper and Chemical Co.

National Labor Relations Board - Board Decisions

Mar 17, 1943

48 N.L.R.B. 252 (N.L.R.B. 1943)

,In the Matter of CHICAGO COPPER AND CHEMICAL COMPANY and TJNrrED
GAS,' COKE AND CHEMICAL WORKERS OF AMERICA, LOCAL; 239, C. I. O.
Case No. R-.1950.=Decided 'March 17, 1943
Jurisdiction :'chemical manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to recognize the union until certified by the Board ; year-to-year contract termi-
nated by one of the parties, no bar ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding the superintendent, foremen,assistant foremen, and salaried,
laboratory,, and clerical employees ; stipulation as to.
Mr. W. K. Coolidge, of Blue Island, Ill., for the Company.
Mr. Cecil Martin, of Joliet, Ill., and Mr. James B. Blackwell, of Chi-
cago, Ill., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
` STATEMENT OF THE CASE
Upon petition duly filed by United Gas, Coke and Chemical Work-
ers of America, Local 239, C. I. 0., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Chicago Copper and Chemical Company,
Blue Island, Illinois, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Robert T. Drake, Trial Examiner. ' Said hearing was held at"
Chicago, Illinois, on March 2, 1943. The Company and the Union
appeared and participated in the hearing.1 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 Examin-
er's rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
I Although District 50, United Mine Workers of America, herein called District 50, was
served with notice, it did not appear at the hearing and notified the Regional Director that
it had no interest in the instant proceeding.
48 N. L. R. B., No. 31.
252
° CHICAGO . COPPE'R.;AND-,CHEMICA•L- COMPANY ,-- - -, 253
Upon ^the entire record in the; case, the Board makes, the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Chicago Copper and Chemical Company is an 'Illinois corporation
with its principal place of business at Blue Island, Illinois, where it is
engaged in the manufacture of chemicals. During 1942 the Company
purchased raw materials valued in excess of $30;000, 95 percent of
which was shipped to it from points outside the Slate of Illinois. Dur-
ing the same period, the Company manufactured products valued in
excess of $100,000, 50 percent of which was shipped to points outside
the State of Illinois.
II. THE ORGANIZATION INVOLVED
United Gas, Coke and Chemical Workers of America , Local 239, is
a labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 23, 1942, the Union requested the Company for ex-
clusive recognition. The Company denied this request until such time
as the Union is certified by the Board.
On July 29, 1941, the Company and District 50 entered into an ex-
clusive contract. The contract was for a period of one year and
renewable thereafter for yearly periods unless notice to terminate was
given by either party thereto 30 days prior to any annual expiration
date. The record indicates that District 50 gave such notice under
the contract 30 days prior to July 28, 1942. The Company stated that
it has had no contract with District 50, since July 28, 1942, and as
stated above, District 50 notified the Regional Director that it had no
interest in the instant proceeding. Under 'these circumstances, it is
apparent that the contract between District 50 and the Company does
not constitute 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 Union represents a substantial number
of employees in the unit hereinafter found to be appropriate? I
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
The • Regional Director reported that the - Union presented 21 membership application
cards bearing apparently genuine signatures ` of,persons whose names appear on the Com-
pany's pay roll of December 22, 1942. There are approximately 40 employees In the appro-
priate unit. ' I -
254 DECISIONS O'F' NATIONAL 'L'ABOR RELATIONS BOARD
of Section 9 (c) axid Section (6)',ai%d '(7)'-of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production' and maintenance employees of the Company, excluding
the superintendent, foremen, assistant foremen, and salaried, labora-
tory, and clerical employees; 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 means of an election by secret ballot among
the employees in the appropriate unit who were'employed during the
fiay-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 Chicago Copper
and Chemical Company, Blue Island, Illinois, 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 Thirteenth 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 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 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 United Gas, Coke 'and Chemical Workers of America, Local 239,
C., I. O., for the purposes of collective bargaining.