Hercules Powder Co.

National Labor Relations Board - Board Decisions

Mar 29, 1950

89 N.L.R.B. 52 (N.L.R.B. 1950)

In the Matter of HERCULES POWDER COMPANY, EMPLOYER and A. C.
BROWNING, PETITIONER and LOCAL UNION #465, INTERNATIONAL
UNION OF MINE, MILL AND SMELTER WORKERS, UNION
Case No. 10-RD-57.-Decided March 29, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly filed, a hearing was held
before James W. Mackle, hearing officer. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner, an individual, asserts that the Union is no longer
the representative of the Employer's employees as defined in Section
9 (a) of the Act.
The Union, a labor organization, is the recognized representative of
the employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit :
We find, in substantial accord with the agreement of the parties,
that all production and maintenance employees at the Employer's
Bessemer, Alabama, plant, excluding clerical employees, cook-clerk,
shift powder line mechanic, N. G. foreman, chemists, general labor
foreman, general shift foremen, executives, guards,' professional
1 The parties are apparently in dispute with respect to the inclusion of the guards, also
called watchmen. They patrol the plant and punch time clocks, protect plant property
against damage and theft, and are expected to enforce company rules against other em-
ployees, Under well-established principles, we find that they are guards within the meaning
89 NLRB No. 3.
52
HERCULES POWDER COMPANY 53
employees, and supervisors as defined in the Act, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
DIRECTION OF ELECTION 2
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said payroll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by Bessemer Powder and Acid Local Union #465, International
Union of Mine, Mill and Smelter Workers.'
of the amended Act and have therefore excluded them from the unit. C . V. Hill & Company,
Inc., 76 NLRB 158.
2 Although the Union is not in compliance with the registration and filing requirements
of the amended Act , we shall nevertheless place the Union's name on the ballot in the
election directed hereinafter . However , under Board policy, the Union will be certified
if it gins the election , provided that at that time it is in compliance with Section 9 (f)
and (h ) of the amended Act . Absent such compliance , the Board will only certify the
arithmetical results of the election . Burry Biscuit Corporation , 76 NLRB 640.
2 Although the Petitioner refers to the Union only as Local Union #465, the record
clearly shows its name to be as set forth above.