E. I. DuPont De Nemours and Co.

National Labor Relations Board - Board Decisions

Nov 30, 1942

45 N.L.R.B. 917 (N.L.R.B. 1942)

In the Matter of E. I. DUPONT DE NEMOURS AND COMPANY (INDIANA
ORDNANCE WORKS) and INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, LOCAL 369 (A. F. OF L.)
Case No. R-4504.-Decided November 30, 1.912
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of, question : re-
fusal to recognize union as the exclusive representative of certain of Com-
pany's employees where appropriateness of unit claimed was disputed; election
necessary.
Unit Appropriate for Collective Bargaining : all electrical maintenance em-
ployees, journeymen, apprentices and helpers, excluding the. chief electrician
atnd assistant chief electrician.
Mr. Peter P. Collins, of Wilmington, Del., and Mr. Roy F. Boltz, of
Charlestown, Ind., for the Company.
Mr. H. H. Hudson, of Louisville, Ky., and Mr. Martin J. Healy,
of Chicago, Ill., for the Union.
Mr. Louie Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Electrical
Workers, Local 369, A. F. of L., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of E. I. DuPont de Nelnours.and Company,.Indiana
Ordnance Works, Charlestown, Indiana, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Frank M. Kleiler, Trial Examiner.
Said hearing was held at Jefferson, Indiana, on November 10, 1942.
The Union and the Company, appeared, participated, and were af-
forded full opportunity 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.
45 N L R B., No. 133.
917
918 DE,CIS ONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
E. I. DuPont de Nemours and Company operates the Indiana Ord-
nance Works at Charlestown, Indiana, under a contract with the
United States Government. All materials, used by'the Company are
owned by the, United States Government and,in turn all finished
products at the plant are shipped to it. The Company uses raw ma-
terials shipped to it from outside Indiana valued in excess of $500,000
monthly. Finished products shipped from the Company's plant to
points outside Indiana are valued in excess of $500,000 monthly.
II. THE ORGANIZATION INVOLVED .
International Brotherhood of Electrical Workers, Local 369, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership- employees- of the Company.'
M. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive rep-
resentative of certain of the Company's employees on the ground that
the employees claimed by the Union do not constitute an appropriate
bargaining unit.
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?
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 Union contends that all electrical maintenance employees, jour-
neymen, apprentices and helpers of the Company, excluding the-chief
electrician and assistant chief electrician, constitute an appropriate
unit. The Company contends that all its employees constitute an
appropriate unit and urges that the petition herein be dismissed.,
The employees claimed by the Union are all engaged in the opera-
tion or repair of electrical equipment throughout the Company's
plant. There are approximately 86 such employees, all of whom
1 The Regional Director reported that the Union presented 56 authorization cards bear-
ing apparently genuine signatures of persons whose names appear on the Company s pay
roll of September 30, 1942. There are approximately 86 employees in the unit heremafter
found to be appropriate.
E. I. DUPONT DE NEMOURS AND COMPANY 919
work under the supervision of a chief and assistant chief electrician.
A majority of such employees are skilled and all of them form a homo-
geneous group. The record indicates that no other labor organization
is claiming to represent any of the other employees of the Company.
Under all the circumstances, we find that a unit limited to electrical
workers is appropriate.
We find that all electrical maintenance employees, journeymen,
apprentices and helpers at the Indiana Ordnance Works of the Com-
pany, excluding the chief electrician and assistant chief electrician,
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 Elec-
tion herein, subject to the limitations and additions as 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 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 E. I. du Pont do
Nemours and Company, Charlestown, Indiana, 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' Eleventh 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 in the active military service or training of the
United States, or temporarily laid off, but' excluding any who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by International Brotherhood of Electri-
cal Workers, Local 369, affiliated with the American Federation- of
Labor, for the purposes of collective bargaining. -