Heyden Chemical Corp.

National Labor Relations Board - Board Decisions

Apr 12, 1948

77 N.L.R.B. 70 (N.L.R.B. 1948)

In the Matter Of HEYDEN CHF311CAL CORPORATION , EMPLOYER and
DISTRICT 50, CHEMICAL DIVISION, UNITED MINE WORKERS OF AMER-
ICA, AFL , PETITIONER
Case No. 6-R-1554
SECOND SUPPLEMENTAL DECISION
AND
ORDER AMENDING CERTIFICATION OF
REPRESENTATIVES
April 12, 1948
On March 19 , 1947, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
this proceeding .' On April 25, 1947, the Board issued a Supple-
mental Decision and Certification of Representatives in which it
certified the United Association of Journeymen and Apprentices of
the Plumbing and Pipe Fitting Industry of the United States and
Canada, Local No. 152, AFL, heiein called the Association, and
International Brotherhood of Electrical Workers Local B-425, AFL,
for a unit of craft employees within its craft jurisdiction, and also
certified District 50, Chemical Division, United Mine Workers of
America, AFL, Local 13200, herein called District 50, for a residual
unit of production and maintenance employees.
On December 10, 1947, Heyden Chemical Corporation, herein called
the Employer, filed a motion for interpretation of the Board's Certifi-
cation with respect to inclusion within the appropriate unit of an
individual employed primarily as a material fabricator, but whose
duties also include certain welding operations. The Association con-
tends that the individual is covered by its certification. The Em-
ployer and District 50, on the other hand, take the position that the
employee concerned is within the terms of District 50's certification.
On February 24, 1948, the Board, having duly considered the matter,
issued an order to show cause on or before March 8, 1947, why the
Board should not, as suggested in the Employer's motion, amend its
Certification by specifically excluding all employees in the classifica-
tion of material fabricator from the unit for which the Association
had been certified in this proceeding. The Association thereafter
filed a response to the show cause order , opposing the motion of the
1 72 N L R B 1240.
77 N. L R B. , No. 10.
70
HEXDEN CHEMICAL CORPORATION 71
Employer as a violation of its "jurisdiction of work" agreement with
the Employer and requesting that the Board prohibit material fabri-
cators from performing any of the duties of welding employees.
The Association, however, does not deny the allegation of the Em-
ployer that the material fabricator in question "performs only such
metal fusing or joining operations as are incident to his primary
work of fabricating and repairing metal equipment." The Associa-
tion further agrees that the Board should find that "the classification
of material fabricator is included in the residual bargaining unit
which is covered by the District 50 Certification."
The Board has considered the motion of the Employer and upon
the basis of the entire record, including the admissions of the Asso-
ciation in its response to the show cause order, we find that the classi-
fication of material fabricator is included in the residual bargaining
unit for which District 50 is the certified representative. We further
find that the material fabricator whose work status is more specifically
in issue is primarily employed as a material fabricator and is, there-
fore, within the residual unit. We shall, accordingly, amend our
Certification with respect to the units represented by the Association
and District 50, respectively, by specifically excluding from the one,
and including in the other, all employees in the classification of ma-
terial fabricator.2
ORDER
IT Is HEREBY ORDERED that the Certification issued herein to United
Association of Journeymen and Apprentices of the Plumbing and
Pipe Fitting Industry of the United States and Canada, Local No.
152, AFL, be, and it hereby is, amended specifically to exclude from
the unit all material fabricators employed at the Morgantown, West
Virginia, plant of the Employer; 3 and
IT IS FURTHER ORDERED that the Certification issued herein to District
50, Chemical Division, United Mine Workers of America, AFL, Local
13200, be, and it hereby is, amended specifically to include in the unit
all material fabricators employed at the Morgantown, West Virginia,
plant of the Employer.4
CHAIRMAN HERZOG and MEMBER REYNOLDS took no part in the con-
sideration of the above Second Supplemental Decision and Order
Amending Certification of Representatives.
2 We deny without prejudice the Association ' s request for injunctive relief as not within
the scope of the Board 's jurisdiction in this proceeding
3 This amendment is not to be construed as a new certification or as an extension of the
Certification issued April 25, 1947.
4 This amendment is not to be construed as a new certification or as an extension of the
Certification Issued April 25, 1947.