Durez Plastics & Chemicals, Inc.

National Labor Relations Board - Board Decisions

May 22, 1943

49 N.L.R.B. 1061 (N.L.R.B. 1943)

In the Matter of DUREZ PLASTICS & CHEMICALS, INC. and UNITED
ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL 312
Case No. R-522,0.-Decided May 22, 1943
Mr. Burt G. Weber and Mr. Howard Shank, of Buffalo, N. Y.,
for the Company.
Mr. Emanual Fried, of Buffalo, N. Y., and Mr. Paul E. Richards,
of North Tonawanda, N. Y., for the Union.
Air. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio, and Machine
,Workers of America, Local 312, herein called the Union, alleging
-that a question affecting commerce had arisen concerning the rep-
resentation of employees of Durez Plastics & Chemicals, Inc., North
Tonawanda, New York, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Peter J. Crotty, Trial Examiner. Said hearing
was held at Buffalo, New York, on April. 21, 1943. The Company
and the Union appeared, participated, and were afforded full oppor-.
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. At the close of the hearing,
counsel for the Company moved to dismiss the petition. The Trial
Examiner reserved ruling. The motion is hereby denied. The Trial
Examiner's rulings made at the hearing dre free from prejudicial
error and are hereby affirmed.
On May 1, 1943, 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
Durez Plastics & 'Chemicals, Inc., is a New York corporation with
its principal place of business at North Tonawanda,. New York, where
52 N. L. R. B., No. 151.
1061
1062 DE,OPSZONS OF -NATIONAL LABOR RELATIONS BOARD
it is engaged in the manufacture of plastics and chemicals. During
1942 the Company used raw materials at its North Tonawanda plant
valued in excess of $100,000, over 10 percent of which was- shipped
to it from points outside the State of New York. During the same
period the Company manufactured products at its North Tonawanda
plant valued in excess of $100,000, over 10'percent of which was
shipped to points outside the State of New York. The Company
admits, for the purpose of this proceeding, that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Electrical Radio and Machine Workers of America, Local
312, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive rep-
resentative of the guards employed by, it on the ground that said
employees should not be represented by the Union.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union 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 mean-'
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that all guards employed by the Company,.
excluding the captain, should be made a part of the production and
maintenance employes' unit presently covered by a contract between
the Company and the Union. The Company contends that, because
of the nature of the duties and responsibilities of the guards, they
should not be a part of the production and, maintenance unit.
The guards work on gate duty, inspect passes' of -employees and
others who are entering or leaving the company property, and keep
a record of vehicles that enter the plant. They also perform guard
duties at designated locations. The guards are sworn in as auxiliary
United States military police and are also deputized by the city of
North Tonawanda, New York. Because of the special training Of
' The Field Examiner reported that the Union presented 15 membe, ship application cards
bearing apparently genuine signatures of pezsons whose naives appeal on the Company's
pay ioll of March 8, 1943. There ale 17 employees in the app!opu.,te unit.
DUREZ PLASTICS & CHEMICALS, INIC. 1063
the guards, and because their duties are primarily devoted to policing
the plant area, we find that guards should not constitute a part of
the production and maintenance unit.
Since the Union has a contract with the Company covering the
production and maintenance employees, excluding guards, the Com-
pany contends, further, that the Union may not represent both a
unit of guards and a unit of production and maintenance employees.
The Company makes no contention that the guards are not employees
within the meaning of the Act 2
We have, on several occasions heretofore, permitted the same labor
organization to bargain for one employer's production and main-
tenance employees, and plant-protection employees, in separate units.3
Accordingly, we find that all guards' employed by the Company,
,excluding the captain, 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
pay-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 Durez Plastics
& Chemicals, Inc., North Tonawanda, 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
supervision 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 pre-
2 See Matter of Frigidaire Division, General Motors Corporatcon and United Electrical,
Radio c& Machine Workers of America (CIO), 39 N L R B. 1108.
2 See Matter of Phelps Dodge Copper Products Corp. and United Electrical, Radio h
Machine Workers of America, Local No. 4111, affiliated with the Congress of Industrial
Organizations, 41 N. L. R B 973 1
1064 DECISIONS , OF NATIONAL LABOR RELATIONS BOARD
ceding the date of this Direction , including 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 de-
termine whether or not they desire to be represented by United Elec-
trical , Radio and Machine Workers of America, Local 312 , affiliated
with the Congress of Industrial Organizations , for the purposes of
collective bargaining.
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