General Chemical Co.

National Labor Relations Board - Board Decisions

Aug 18, 1943

51 N.L.R.B. 1409 (N.L.R.B. 1943)

In the Matter of GENERAL CHEMICAL COMPANY and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA ,
Case No. R-5799.-Decided August 18, 1943
Wall, Haight, Carey c0 Hart pence, by Mr. F. W. Schumann, of Jer-
sey City, N. J., for the Company.
Mr. Angelo Cefalo, of Chester,-Pa., 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 District 50, United Mine Workers of
America, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
General Chemical Company, North Claymont, Delaware, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Geoffrey J. Cunniff, Trial
Examiner. Said hearing was held at Chester, Pennsylvania, on
August 5, 1943. The Company and the Union 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 Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
General Chemical Company is a New York corporation operating a
plant at North Claymont, Delaware, where it is engaged in the manu-
facture of chemical products. Over 50 percent of the raw materials
used by the Company is shipped to it from points outside the State of
Delaware. The Company manufactures products valued in excess of
51 N. L. R. B., No. 225.
1409
14101 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
$1,000,000, annually, over 50 percent of which is shipped to points out-
side the State of Delaware. The Company admits that it is engaged
in commerce within the meaning of the, National Labor Relations Act_
II. THE ORGANIZATION INVOLVED
District 50,"United Mine Workers of America, is a labor organiza-
tion, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 21, 1943, the Union requested the Company to recognize it
as the exclusive collective bargaining representative of the employees
at the Delaware Works of the Company. The Company refused this
request until such time as the Union is certified by the Board.
A statement of the Trial Examiner, read into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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 Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees at the Delaware Works
of the,Company, excluding laboratory and clerical employees, technical
employees, watchmen, guards, foremen, assistant foremen, subforemen,
and any other supervisory employees with authority to hire, promote,.
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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.
1 The Trial Examiner reported that the Union presented 515 membership application' cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of June 15, 1943 . There are approximately 1,047 employees in the appropriate-
unit.
GENERAL CHEMICAL COMPANY 1411
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
DMECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with General Chemical
Company, North Claymont, Delaware, 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 Fourth 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 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 District 50, United Mine Workers of
America, for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration df the above
Decision and Direction of Election.
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