General Chemical Defense Corp.

National Labor Relations Board - Board Decisions

May 20, 1943

49 N.L.R.B. 944 (N.L.R.B. 1943)

In the Matter of GENERAL CHEMICAL DEFENSE CORPORATION and LOCAL
881, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS,
IVVAREIIOUSEMEN AND HELPERS OF AMERICA, A. F. OF L.
Case No. R-5177.-Decided May 20, 1943
Messrs. David F. Sheets, Taylor Vinson, C. M. Brown, and H. H.
Potts, of Point Pleasant, W. Va., for the Company.
Messrs. Frank A. Reblan and E. A. Carter, of Charleston, W. Va.,
for the Teamsters.
Messrs. Robert C. Edwards and H. B. Colebank, of Huntington,
W. Va., for the C. I. O.
Mr. William, R. Cameron, of counsel to the Board.
DECISION
.AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 881, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Helpers of America,
A. F. of L., herein called the Teamsters, alleging that a question affect-
ing commerce has arisen concerning the representation of employees of
General Chemical Defense Corporation, Point Pleasant, West Virginia,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Thomas E.
Shroyer, Trial Examiner. Said hearing was held at Gallipolis, Ohio,
on April 15, 1943. The Company, the Teamsters, and United Gas,
Coke and Chemical Workers of, America, C. I. 0., herein called the
C. I. 0., 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 prejudical error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Chemical Defense Corporation is a New York corporation,
operating a plant near Point Pleasant, West Virginia, known as the
49 N. L. R. B., No. 135.
944
GENERAL CHEMICAL DEFENSE 'CORPORATION 945
West Virginia Ordnance Works, where' it is engaged in the manu-
facture of explosives. All land,-buildings, equipment, and product in
all stages of manufacture, at the West Virginia Ordnance Works, are
owned by the United States Government. The Company operates the
plant under a cost plus fixed-fee contract, and all employees are em-
ployed by the Company. Over 50 percent of the raw material used
at the plant is obtained from points outside the State of West Virginia,
and 100 percent of the finished product will ultimately be shipped to
points outside the State. The Company concedes that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local 881, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, affiliated with the Ameri-
can Federation of Labor, is a labor organization admitting to mein-
bership employees of the Company.
United Gas, Coke and Chemical Workers of America, affiliated with
the Congress of Industrial Organizations, is a' labor organization
admitting-to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
.In January 1943 the Teamsters notified the Company that it repre-
sented a. majority of the employees of the Company in the trans-
portation department and requested recognition as exclusive bargain-
ing representative of those employees. The Company declined such
recognition and referred the Teamsters to the Board.
A statement of the Field Examiner, introduced in evidence at the
hearing, indicates that the Teamsters represents a substantial num-
ber 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 Act.
IV. THE APPROPRIATE UNIT
They Teamsters contends that all chauffeurs , dispatchers, truck
and trailer drivers, tractor operators, auto mechanic helpers, and
garage laborers and helpers, of the automotive division of the' Com-
pany's transportation 'department,, excluding mechanics, and.clerical
and supervisory employees, constitute a unit 'appropriate for col-
'The Field Examiner * reported that the Teamsters had submitted authorization and
application c'aids bearing the' apparently genuine original signatures of approximately
50 percent of the employees in the appropriate unit on the Company ' s March 28, 1943,
pay roll. '
946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
-lective bargaining. In addition there are a few truck drivers em-
ployed in the road and track maintenance division of the^,transporta-
tion department, whom the Teamsters desires also to represent. The
,C. L'0. contends that the appropriate-unit consists ofthe,productio'n
and maintenance, employees, throughout the plant. The Company's
contention is that the appropriate.unit .consists of,the transportation
deparment as a whole, this contention being based upon ,the organi-
zational division of the plant, and the integration of the work of
-this department.
The, transportati on -department is ,responsible for all movement of
men and materials throughout the plant, which, due to the hazardous
nature of the operations involved, is distributed-over a large area. It
includes .the automotive division, in which most of- the employees
sought to be represented by the Teamsters area employed ; the rail
division, which has charge of the operation of Diesel motored equip-
ment upon tracks; the magazine division, which places the explosive
in magazines for storage,; a division of road and track maintenance;*
and an administrative section. It appears that nearly all the drivers
and helpers now working at the plant, are employed within the auto-
motive division.
We have,heretofore found to be, an, appropriate bargaining unit a
classification of employees, the nature of whose work and common
-interests, cause .them .-to The 'a homogeneous and related .group. We
-find that=the employees herein sought,to;be -represented -by the-peti-
tioner constitute, such -a group. It 'has not--been -the policy of .the
iBoard 'to delay investigation and'-certification 'of representatives, as
a means toward. the exercise of the right to collective bargaining,
merely by reason of 'the fact. that. the.group seeking representation
-constitutes a -minor portion. of 'the Company's. employees. In this
case no"other,organization is presently. seeking representation -on a
broader (basis 'than that of the Teamsters. In prior cases, similar as
,to!the nature, of ithe,industry involved, we haye held that an appro-
priate bargaining unit eis, :a group .such as that here sought to -be
represented 2
'We find-that all chauffeurs,'dispatchers; -truck drivers, trailer driv-
ers, tractor operators, auto mechanic helpers, and garage 'laborers
and'helpers, employed by the Company in its transportation depart -
2'Seo'llfatterjof 'Lone/Star,Defense Corporation and'Truck Drivers Local Union No 894,
International Brotherhood, of Teamsters_Qhauffeurs, R,arehousemen;and-Ilelpers,of A+mer-
'ica, A F of'L, etc, 47-N L R 'B 1247; Matter of The Sherwrn-Williams Defense
C,orporakon,and, Intern ational-B rot her hood -of ,Electi-zcal Workers, Local.Unton,No B702,
etc, 46 N L R B 325: Matter, of United States Carti edge Company and _Local _Untion
No 36, Sheet ,Metal Workers' Internattional,Assoeiation, A.,,F, L , etc,, 45,•N, •L ;R B,t1043 ;
Matter of Atlas Powder Company and International Brotherhood,of,Teamsters; Chauffeurs,
Warehousemen and Helpers of North America, ,affiliated with, the,Ameracan,Federatson of
Labor, 41 N 'L -R. B. 127.
GENERAL CHEMICAL DEFENSE CORPORATION , 947,
ment, but excluding, mechanics, and clerical and supervisory em
ployees, constitute a unit appropriate, for the purposes of collective
bargaining, within ,the', meaning of Section 9 , (b) ofI the Act.
V. THE DETERMINATION OF REPRESENTATIVES
At the time of the hearing the Company employed about 50 per-
cent of the expected complement,of employees, both in the plant as
a whole. as well. as, in, the transportation' department. • No estimate,
was given as; to 'the probable rate of expansion nor as to when 'it was
expected that a -full - complement ;of labor might be employed -at the
plant. It was-indicated that at the time of the hearing employment
was probably neither • increasing nor' decreasing., It has been the
practice of, the Board not to' entertain a petition' for determination
of representatives when investigation reveals that' employment is' in
process of expansion and that a representative group of employees
is not yet working in the plant. In the present case; however, the
plant is in production and a substantial number of workers is em-
ployed. NoAb of the parties objects to an immediate election,' We
do not believe that the considerable' number of employees now work-
ing in the transportation department should be deprived, simply
because the Company expects to expand its working staff, of their
right, at the present time, to bargain collectively with the Company
as provided in the Act. We shall, accordingly,' proceed with- an im-
mediate determination of representatives.
We shall direct that the question concerning representation which
has arisen be resolved by 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.
Since the C. I. O. does not desire to participate in an election in
the unit found above, we shall not accord it a place on the ballot.
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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with General Chemical
Defense Corporation, Point Pleasant, West Virginia, an election by
secret ballot shall be conducted as early as possible, but not later
531647-43-vol. 49-61 ,
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948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
than thirty '(30) days from the date of this Direction, under the
direction and supervision of the Regional ' Director,' for the Ninth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject. to Article III, Section _ 10, of said Rules
and Regulations, among the employees' in the unit found appro-
priate in Section IV, above, wh6' 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 ton, temporarily laid 'off, and including em-
ployees in the armed forces of the United; States who present them-
selves 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 Local 881,,-International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America, affiliated
with the American Federation of, Labor,' for the purposes ' of collec-,
tive bargaining. , „
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election: ,
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