Commercial Solvents Corp.

National Labor Relations Board - Board Decisions

Jun 3, 1942

41 N.L.R.B. 642 (N.L.R.B. 1942)

In the Matter of COMMERCIAL SOLVENTS CORPORATION and JOINT COUN-
CIL OF LOCAL UNION No. 8 OF INTERNATIONAL UNION OF OPERATING
ENGINEERS, AFFILIATED WITH THE A. F. OF L., AND LOCAL UNION
No. 8, INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS, AFFILI-
ATED WITH THE A. F. OF L.
Case No. R-3805.-Decided June 3, 1942.
Jurisdiction : chemical manufacturing industry
Investigation and Certification of Representatives : existence of question : Com-
pany refused to accord union recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : unit requested by Joint Council of
craft unions whose organization was confined to the proposed, unit comprising
all employees of the powerhouse, and engineers of the methanol department
and the dry ice department, employed at the Company's Peoria, Illinois, plant,
excluding non-working supervisors ; held appropriate despite Company's request
for a plant-wide unit.
Mr. Robert E. Dickman, for the Board.
Mr. Herbert J. Jacobi, of New York City, for the Company.
Mr. Howard A. Plank, of Chicago, Ill., Mr. Tony Robinson, of
Peoria, Ill., and Mr. TV. J. Stulur, of East St. Louis, Ill., for the Joint
Council.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Joint Council of Local Union No. 8
of International Union of Operating Engineers, affiliated with A. F.
of L.,1 and Local Union No. 8, International Brotherhood of Firemen
& Oilers, affiliated with the A. F. of L., herein called the Joint Council,
alleging that a question affecting commerce had arisen concerning the
1 Near the beginning of the hearing the Trial Examiner granted a motion to amend all
the formal papers by adding the words "of International Union" before the words "of
Operating Engineers " The caption in the case has accordingly been changed to cor-
respond with the designation of the petitioner as amended , adding the words "of International
Union "
41 N. L. R. B., No. 127:
642
COMMERCIAL SOLVEN'TS CORPORATION 643
representation of employees of Commercial Solvents Corporation,
Peoria, Illinois, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before David H. Karasick, Trial Examiner. Said hearing was held
at Peoria, Illinois, on May 6, 1942. The Company and the Joint
Council appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Company moved to dismiss the
petition on the ground that the unit claimed is inappropriate and
that there is no evidence in the record that any of the employees have
designated the Joint Council to represent them. The Trial Exam-
iner made no ruling but referred this motion to the Board. For
reasons hereinafter stated,' the motion is denied. The• Trial Exam-
iner's rulings made at the hearing, are free from prejudicial error
and are hereby affirmed. On May 21, 1942, the Company filed a brief
which the Board has considered.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Commercial Solvents Corporation is a Maryland corporation and
operates plants in Peoria, Illinois; Terre Haute, Indiana; Agnew,
California; and Harvey and Westwego, Louisiana. Warehouses are
also maintained by the Company in about twelve cities throughout the -
country. This proceeding concerns employees of the Company at its
Peoria, Illinois, plant, where the Company is engaged in the manu-
facture, sale, and distribution of organic chemicals and alcohols, their
derivatives and by-products. During 1941, the Company purchased,
for use at its Peoria plant, raw materials valued in excess of $2,500,000,
of which approximately 25 percent was shipped to the plant from
points outside the State of Illinois. During the same period, the sales
of the plant were in excess of $5,000,000, more than 90 percent of which
represented products shipped from the plant to points outside the
State of Illinois.
' II. THE ORGANIZATION INVOLVED
Joint Council of Local Union No. 8 of International Union of
Operating Engineers, affiliated with the A. F. of L., and Local Union
No. 8, International Brotherhood of Firemen & Oilers, affiliated with
the A. F. of L., is a labor organization admitting to membership
employees of the Company.
644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On various occasions prior to February 17, 1942, Local Union No.
8 of International Union of Operating Engineers and Local Union
No. 8, International Brotherhood of Firemen & Oilers each requested
the Company to recognize it as the exclusive bargaining agent for
employees at its Peoria plant. On February 16, 1942, the Joint
Council of these locals was formed, and on February 17, it filed the
petition herein and requested recognition by the Company. On Feb-
ruary 27, 1942, the Company addressed individual letters to the locals
stating that since a petition had been filed with the Board it would
seem best to permit the proceeding to take is normal course.
A report prepared by the Regional Director, and introduced in
evidence at the hearing, indicates that the Joint Council represents
a substantial number of employees of the Company in the unit here-
inafter found to be appropriate.2 -
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 National Labor
Relations Act. -
IV. THE APPROPRIATE UNIT
The Joint Council contends that all employees of the powerhouse,
and engineers of the methanol department and the dry ice department
at the Company's Peoria plant, excluding non-working supervisors,
constitute a unit appropriate for the purposes of collective bargaining.
The Company contends that this unit is inappropriate and that a
unit on a plant-wide basis is the only appropriate one. It alleges
in support of its contention that the operations of the plant are highly
integrated.
The powerhouse supplies steam or power for the entire plant. The
Company has one stand-by line from the city which is used only
in case of emergency. The complement of the powerhouse consists
of four shift foremen, one relief engineer, four water tenders, four
firemen, one meterman, four firemen helpers, three tripper operators,
four shift helpers, one boiler repair foreman, one relief operator, two
boiler repairmen, one millwright, three laborers, one janitor, eight ash-
men, three crane operators, and three coal unloaders. These employees
2 The Regional Director reported that the Joint Council presented 43 designations These
designations were authoiization cards and application cards for rejoining of Local Union
No. 8, International Brotherhood of Firemen & Oilers, and authorization cards of Local
Union No. 8, of International Union of Operating Engineers , dated between November 1941
and January 1942; 16 were undated Of the 43 cards presented , 42 bear the apparently
genuine signatures of persons appearing on the Company 's pay roll of March 21, 1942
There are 61 employees in the appropriate unit
COMMERCIAL SOLVENTS CORPORATION 645
are engaged in maintaining power generating equipment and a con-
tinual flow of power to machinery and equipment in the entire plant.
The methanol and dry ice departments manufacture methanol
and dry ice respectively . There are eight engineers and four second
engineers employed in these departments . Their duties consist of
operating gas compressors . The shift foremen and relief engineer
in the powerhouse also operate gas compressors in addition to other
equipment.
The unit which the Joint Council seeks to represent appears to be
restricted to craftsmen eligible to membership in its constituent labor
organizations . It does not appear that those organizations or any
other union have organized beyond the confines of the proposed unit.
Under the circumstances we conclude that the unit requested by the
Joint Council is appropriate.
We find that all employees of the powerhouse , and engineers of
the methanol department and the dry ice department , employed at
the Company's Peoria, Illinois , plant, excluding non-working super-
visors, 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 our Direction of Election
herein, subject to the limitations and additions set forth in said
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 8, 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 Commercial
Solvents Corporation , Peoria, 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 super-
vision 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 9, 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
646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
during said pay-roll period because they were ill or on vacation or
.in the active military service or training of the United States, or
temporarily laid off, but excluding employees who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by Joint Council of Local Union No. 8 of Inter-
national Union of Operating Engineers, affiliated with the A. F. of L.,
and Local Union No. 8, International Brotherhood of Firemen &
Oilers, affiliated with the A. F. of L., for the purposes of collective
bargaining.
In the Matter of COMMERCIAL SOLVENTS CORPORATION and JOINT
CouNCIL OF LOCAL UNION No. 8 OF INTERNATIONAL UNION OF OPERAT-
ING ENGINEERS , AFFILIATED WITH TIIE A. F. OF L., AND LOCAL
UNION No. 8, INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS,
AFFILIATED WITH THE A. F. OF L.
Case No. R-3805
AMENDMENT TO DIRECTION OF ELECTION
June 4, 1949
On June 3, 1942, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled proceeding,' directing that an election be held among em-'
ployees of Commercial Solvents Corporation, Peoria, Illinois, who
were employed during the pay-roll period immediately preceding the
date of said Direction of Election.
Subsequent to said Direction of Election eight employees were
permanently transferred from the processing department to the power-
house. In accordance with a stipulation of the parties that these
employees be included among those eligible to vote, the Board hereby
amends its Direction of Election, issued June 3, 1942, by adding after
the words "who were employed during the pay-roll period immediately
preceding the date of this Direction, including" the words "L. Swan-
son, J. Freiheit, J. Clements, Floyd Meyers, George Brown, H. Ber-
nardi, W. E. Smith, and Don Phillips, and."
141 N. L R . B. 642.
41 N. L: R. B., No. 127a.
647