General Chemical Co.

National Labor Relations Board - Board Decisions

Apr 28, 1941

31 N.L.R.B. 413 (N.L.R.B. 1941)

In the Matter of GENERAL CHEMICAL COMPANY and UNITED MINE
WORKERS OF AMERICA, DISTRICT 50, C. I. O.
in the Matter of GENERAL CHEMICAL COMPANY and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS, LOCAL 676, A. F. L.
Cases 2Vos. R-2423 and R-2424.-Decided April 28, 1941
Jurisdiction : insecticide and fungicide manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition; dispute as to appropriate unit; existing
contract with one of the unions not asserted as a bar; election necessary.
Units Appropriate for Collective Bargaining : separate units comprising respec
tively: (1) production and maintenace employees, including watchmen and
hourly rated working foremen, but excluding truck drivers, 'truck drivers'
helpers, and other employees of the-warehouse department, laboratory em-
ployees, salaried supervisory and clerical employees, and the utility and
safety man; (2) employees of the warehouse department, including truck
drivers, truck drivers' helpers, warehousemen, platform men, shipping and
receiving employees, the two tractor drivers who are listed as yard employees,
and garage mechanics, but excluding salaried supervisors.
Duane, Morris c Heckseher, by Mr. Martin Reed and Mr. Morris
Duane, of Philadelphia, Pa., for the Company.
Mr. Herman Edelsberg, of Washington, D. C., for the U. M. W. A.
Mr. Albert K. Plone, of Camden, N. J., for the Teamsters.
Miss Ann Landy, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 14, 1941, United Mine Workers of America, District 50,
C. I. 0., herein called the U. M. W. A., and on March 20, 1941,
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers, Local 676, A. F. L., herein called, the Teamsters, filed
separate petitions with the Regional Director for the Fourth Region
(Philadelphia, Pennsylvania) alleging respectively that 'a question
affecting commerce had arisen concerning the representation of em-
31 N. L. R. B., No. 64.
413
414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees of General Chemical Company, Camden, New Jersey, herein
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
18 and March 22, 1941, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act, and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, ordered an investigation in each
case and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing on due notice. On March 22, 1941,
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 10 `(c) (2) of the said Rules and Regulations ordered
that the cases be consolidated.
On March 20 and March 22, 1941, the Regional Director issued a
separate notice of hearing in each case, copies of which were duly
served upon the Company, and for their respective cases upon the
U. M. W. A., and the Teamsters. Pursuant to the notices, a hear-
ing was held at Philadelphia, Pennsylvania on March 25 and 27,
1911, before Geoffrey J. Cunniff, the Trial Examiner duly authorized
by the Chief Trial Examiner. The Company, the U. M. W. A.,
and the Teamsters were represented by counsel and participated in
the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing upon the issues
was afforded all parties. During the course of the hearing the
Trial Examiner made 'several rulings on motions and on objections
to the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
At the request of the Company and pursuant to notice served on
all parties a hearing was held before the Board at Washington, D. C.
on April 15, 1941, for the purpose of oral argument. The Company,
the U. M. W. A., and the Teamsters appeared by counsel and par-
ticipated in the argument. The Company also filed a brief which
has been given due consideration by the Board.
Upon the entire record in the case, the Board makes the following :
A
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Chemical Company is a New York corporation. At its
Camden, New Jersey, plant it is engaged in the manufacture of in-
secticides and fungicides. For the year 1940 the Company pur-
chased raw materials amounting to more than $250,000, 40 per cent of
which were shipped from points outside New Jersey. During the
GENERAL CHEMICAL COMPANY 415
same period the Company manufactured products valued at approxi-
mately $1,000,000 and shipped approximately 75 per cent of such
products to States other than New Jersey.
II. THE ORGANIZATIONS INVOLVED
United Mine Workers of America, District 50, is a labor organiza-
tion affiliated with' the Congress of Industrial Organizations. It
admits to membership production and maintenance employees of the
Company.
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men, Helpers, Local 676 is a labor organization affiliated with the
American Federation of Labor. It admits to membership truck
drivers, truck-driver helpers, platform men, and warehousemen
employed by the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 27, 1941, the Company refused, upon request, 'to
recognize the U. M. W. A. as the exclusive representative of its
employees at the Camden plant.
On July 24, 1939, the Company and the Teamsters entered into
an agreement governing the hours, wages, and working conditions
of truck drivers, helpers, and platform men, employed' by the Com-
pany. This contract does not expire until August 1, 1941. However,
none of the parties claimed it is a bar to the present proceeding. The
Company on the one hand, and the two unions on the other, disagree
with respect to the scope of the appropriate collective bargaining
units.
There was introduced into evidence a report prepared by the
Regional Director showing that the U. M. W. A. and the Teamsters
represent a substantial number of employees in the respective units
hereinafter found to be appropriate.'
We find that questions have arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
1 The Regional Director 's report showed that in support of their respective claims the
U M. W. A. produced application cards signed by 42 employees whose names appear on the
Company 's pay roll of March 5, 1941 ; and the Teamsters submitted 25 dues record cards
signed by persons v, hose names appear on the above pay roll. There are approximately
90 employees in the unit claimed by the U. M. W. A. to be appropriate and 27 employees in
the unit claimed by the Teamsters.
i
416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
relation to trade, traffic, and commerce among the several States and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT ,
The U. M. W. A. and the Teamsters contend that all production
and. maintenance employees including watchmen and hourly rated
working foremen, but excluding truck drivers, truck drivers' helpers,
warehousemen, shipping and receiving employees, laboratory em-
ployees, salaried supervisory and clerical employees, and the utility
and safety man, constitute one appropriate unit and that the em-
ployees of the warehouse department including truck drivers, truck
drivers' helpers, warehousemen, shipping and receiving employees,
two tractor drivers who are listed as yard employees, and garage
mechanics, but excluding salaried- supervisors, constitute another ap-
propriate unit. The U. M. W. A. claims to represent the production
and maintenance unit, and the Teamsters the warehouse department
unit. The Company objects to the inclusion of watchmen. in the
unit claimed by the U. M. W. A. It also urges that warehouse
employees other than truck drivers and helpers should be in the
production and maintenance unit and' not in the unit claimed by the
Teamsters.
The Company claims that the watchmen should be excluded from
the production and maintenance unit because by reason of their duties
of handling dangerous chemicals they are more representative of
the management than of the employees. Inasmuch as both the unions
here involved so desire, we shall include the watchmen in the
bargaining unit claimed by the U. M. W. A.
The reason assigned for the Company's contention that employees
listed on the Company's pay roll as warehouse employees, other than
truck drivers and helpers, should belong to the production and main-
tenance employees' unit rather than to the unit composed of truck
drivers and helpers, is that the employees of the warehouse depart-
ment intermingle in the course of their work with the production
;and maintenance employees. There are 24 employees listed as em-
ployees in the warehouse department,2 12 of whom are truck drivers,
6 are loaders or platform men, 3 shippers, 1 dispatcher, 1 bottler,
and 1 laborer. There is no controversy with respect to the truck
drivers. The duties of the loaders or platform men while not clearly
described in the record, appear to be similar to those of truck drivers'
helpers. The Company's contract with the Teamsters, hereinabove
discussed, covered platform men as well as truck drivers and help-
ers. The work of the-shippers involves receiving orders for ma-
2 The inclusion of two additional employees , tractor drivers listed as yard employees, is
not disputed.
GENERAL CHEMICAL COMPANY 417
terial, _getting it together and loading it in cars or trucks for
shipment. The dispatcher writes up the orders, makes arrangements
with trucking concerns and lines up the orders for the truck drivers
according to districts. The bottlers fill bottles, carboys, and drums
with liquid taken from tanks. The unit requested by the Teamsters
and acquiesced in by the U. M. W. A. appears to be a reasonable one.
We find that the production and maintenance employees, including
watchmen and hourly rated working foremen, but excluding truck
drivers, truck drivers' helpers, and other employees of the ware-
house department, laboratory employees, salaried supervisory and
clerical employees, and the utility and safety man, constitute a unit
appropriate for the purposes of collective bargaining and that said
unit will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
We further find that the employees ,of the warehouse department,
including truck drivers, truck drivers' helpers, warehousemen, plat-
form men, shipping and receiving employees, the two tractor drivers
who are listed as yard employees, and garage mechanics, but exclud-
ing salaried supervisors, constitute a unit appropriate, for the pur-
poses of collective bargaining and that said unit will insure to
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. TIE DETERMINATION OF REPRESENTATIVES
We find that the questions which have arisen concerning the rep-
resentation of employees of the Company can best be resolved by
elections by secret ballot. The U. M. W. A. urged that a pay roll
prior to April 15 be used as the basis for determining eligibility to
vote, inasmuch as the Company's operation is at its peak on that
date and that lay-offs may start thereafter. The Teamsters and the
Company made no contention with respect to the eligibility date.
We shall direct that all employees in the respective appropriate
units, whose names appear on the Company's pay roll for the period
immediately preceding the date of this Direction of Elections, subject
to such limitations and additions as are set forth in said Direction,
shall be eligible to vote. ,
Upon the basis of the above findings of -fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the rep-
resentation of employees of General Chemical Company, Camden,
418. DECISIONS OF NATIONAL LABOR RELATIONS BOARD
New Jersey, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relation's Act.
2. The production and maintenance employees of the Company in-
cluding watchmen and hourly rated working foremen, but excluding
truck drivers, truck drivers' helpers and other employees of the ware-
house department, laboratory employees, salaried supervisory and
clerical employees, and the utility and safety man, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
3. The employees of the Company's warehouse department, in-
cluding truck drivers, truck drivers' helpers, warehousemen, platform
men, shipping and receiving employees, the two tractor drivers who
are listed as yard employees, and garage mechanics, but excluding
salaried supervisors, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations 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 authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with General Chemical Company, Camden, New Jersey,
elections 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 Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations :
(1) Among all production and maintenance employees who were
employed by the Company during the pay-roll period last preceding
the date of this Direction, including watchmen, hourly rated work-
ing foremen, and all such employees who were not on said pay roll
because they were ill or on vacation, or in the active military service
or training of the United States, or temporarily laid off, but ex-
cluding truck drivers, truck drivers' helpers, other employees of the
warehouse department, laboratory employees, salaried supervisory
and clerical employees, the utility and safety man, and any who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by United Mine Workers of
America, District 50, C. I. 0., for the purposes of collective
bargaining;
GENERAL CHEMICAL COMPANY 419
(2) Among all employees in the warehouse department, who were
employed by the Company during the pay-roll period last preceding
the date of this Direction, including truck drivers, truck drivers'
helpers, warehousemen, platform men, shipping and receiving em-
ployees, the two tractor drivers who are listed as yard employees,
garage mechanics, and employees who were not on said pay roll
because they were ill or on vacation or in the active military service
or training of the United States, or temporarily laid off, but exclud-
ing-salaried supervisors and any who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented by International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers, Local 676, A. F. of L., for the purposes
of collective bargaining.
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