Electro-Chemicals, Inc.

National Labor Relations Board - Board Decisions

Nov 21, 1942

45 N.L.R.B. 724 (N.L.R.B. 1942)

A-
In the Matter of ELECTRO - CHEMICALS , INC. and WAREHOUSE & DIs-
TRIBUTION WORKERS' UNION , LOCAL 26, I. L . W. U.-C. I. O.
Case No. B-4443.-Decided November 91, 1942
Jurisdiction : chemicals manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to accord union recognition unless and until certified by
the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all shift bosses, production operators,
and ordinary maintenance men, if any, excluding foremen, truck drivers,
office, construction and plant maintenance employees.
Mr. Charles F. Willard, of Los Angeles, Calif., for the Company.
Mr. Milton S. Tyre, of Los Angeles, Calif., and Mr. James C. Slavin,
of Pasadena, Calif., for the Union.
Mr. Louis A. Pocatello, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition filed by Warehouse & Distribution Workers' Local
26, I. L. W. U., affiliated with the Congress of Industrial Organiza-
tions, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Electro-Chemicals, Inc.,1 Los Angeles, California, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Guy Farmer, Trial Ex-
aminer. Said hearing was held at Los Angeles, California, on
October 23, 1942. The Company and the Union appeared, partici-
pated, and were afforded 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.
1 At the hearing, all papers in this proceeding were amended to show the name of the
Company as "Electro-Chemicals, Inc." Instead of "Electro -Chemical Company."
45 N. L. R. B., No. 108.
724
0
ELECTRO-CHEMICALS, INC. 725
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Electro-Chemicals, Inc., a Nevada corporation, is engaged in the
manufacture and sale of chemicals at Los Angeles, California. Dur-
ing the year 1941, the Company purchased materials valued at ap-
proximately $45,624, of which approximately 50 percent was shipped
to the plant from outside California. During the same period the
Company sold products valued at approximately $201,480, almost all
of which were shipped to points outside California. The Company
employs approximately 27 persons at its Los Angeles plant.
II. THE ORGANIZATION INVOLVED
Warehouse & Distribution Workers' Union, Local 26, I. L. W. U., is
a labor organization affiliated with the Congress of Industrial Organ-
izations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation
had arisen in that the Union requested the Company to recognize it
as the collective bargaining representative of the Company's em-
ployees and that the Company refused to recognize the Union unless
and until the Union was certified by the Board.
A statement of the Acting Regional Director, introduced in evi-
dence, discloses that the Union represents a substantial number of
employees in the unit hereinafter 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 Act.
IV. THE APPROPRIATE UNIT
The Union contends that all shift bosses, production operators, and
ordinary maintenance 3 men of the Company, excluding foremen,
2 The Acting Regional Director reported that the Union presented 19 membership appli-
cation cards , all dated in September 1942, bearing apparently genuine original signatures.
Thirteen cards bear the names of persons who appear on the pay roll of the Company of
' September 23, 1942 , containing 18 names in the alleged unit.
8 At the present time there are no ordinary maintenance men on the Company's pay roll.
There are some ordinary maintenance employees , who have charge of the upkeep of the
electric cells and changing of the anodes , working in the Company 's plant. These em-
ployees are now carried on the pay roll of Metal Refiners , Ltd, although they were pre-
viously listed on , the Company's pay roll.
726 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
truck drivers, office, construction, and plant maintenance employees,
constitute an appropriate unit. The Company does not dispute the
appropriateness of the unit. -
The Company has in its employ four persons classed as shift
bosses. The shift bosses do manual labor of the same character as
that performed by the. men under them. They are paid on an hourly
basis. The shift bosses do not have the power to hire or discharge
although they may recommend such action. We shall include these
employees in the appropriate unit .4
At the present time the Company does not have any plant mainte-
nance men, truck drivers, or construction workers on its pay roll. We
shall exclude these categories from the unit.
We find that all shift bosses, production operators and ordinary
maintenance men, if any, excluding foremen, truck drivers, and office,
construction and plant maintenance 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
At the hearing, the Company contended that an election should not
be held due to the uncertainty of future business and because upon
completion of a new plant which is now being constructed, the present
plant may be closed. The Company contemplates employing as pro-
duction workers in the new plant the men who are now building it,
although it will employ the men at its present plant in the new plant
if it becomes necessary and if they are qualified. ^ The old plant is still
operating and, moreover, there is a likelihood that the present em-
ployees will be transferred to the new plant when it is completed and
in the event the old plant is closed. Accordingly, we shall direct
that the question concerning representation which has arisen be
resolved by an election by secret ballot. We shall further direct that
the employees of the Company eligible to vote in the election shall be
those who are 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 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
* See Matter of Sam Betz and Philip Betz , d/b/a Betz Upholstered Furniture Co. and
International Woodworkers of America , C. I. 0., 38 N . L. R. B. 1826.
ELECTRO-CHEMICALS, INC. 727
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Electro-Chemi-
cals, Inc., Los Angeles, California, 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 Twenty-first 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 ih 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 in the
active military service or training of the United States, or temporarily
laid off, but excluding employees who have since quit or been dis-
charged for cause to determine whether or not they, desire to be
represented by Warehouse & Distribution Workers' Union, Local 26,
I. L. W. U., affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.
0