Interchemical Corp.

National Labor Relations Board - Board Decisions

Oct 26, 1956

116 N.L.R.B. 1443 (N.L.R.B. 1956)

INTEROHEMICAL CORPORATION 1443
In any event and even assuming that the petition were valid, I
would regard the position taken by the Petitioner at the hearing,
where it clearly and repeatedly rejected the desirability of an election
among all the competing unions, as tantamount to a request for leave
to_ withdraw the petition. Moreover, none of the other parties has
indicated a desire for an immediate election. In these circumstances
I perceive no sound reason for the Board to ignore the desires of all
the parties and to find a present representation question calling for
an election. On the contrary, the Petitioner in effect recognizes that
it does not have a present majority and is not entitled to represent the
employees, under the Act. Rather, it hopes to subvert the statute by
asserting the technicalities of-private contract law.
As to the other labor organizations, the presently recognized UAW,
far from raising a representation question, has moved to dismiss the
petition. And the JUTE neither, seeks a present election nor has a
sufficient interest among the employees to support a request for, an
election.5 The Employer has not requested •an election nor has it as-
serted the existence of a question of representation. Thus, none of
the parties has in fact raised a question concerning the desires for
representation of a present majority, of the Employer's employees.
To direct an election in these circumstances, merely because of the
conflicting but obviously insubstantial, claims of the UE and the
IUE,,is to incur needless expense and the ever present risk of dis-
turbing the lawful collective-bargaining relationship which now exists.
I, would not sanction the expenditure- of Board time and funds for
this purpose.
CHAIRMAN LEEi7OM took no part in the consideration of the above
Decision and Direction of Election.
5The Board normally requires - a showing, that a labor organization has been designated
by at least 30 percent of the employees before proceeding upon its request for an election.
See Section 101.17 of National-Labor Relations Board Statements of Procedure. I
Intercheniical Corporation and International Brotherhood' of
Teamsters, Chauffeurs, Warehousemen and Helpers of Amer-
ica, AFL=CIO, Local No.' 34. Case No. 7-RC-3212. October 26,
1956
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9` (c) of the National Labor
Relations Act, a consolidate hearing was- held 'before 'Peter'Peter D.
Walther, hearing officer. , The' hearing' o$.cer's rulings made- at the
hearing are free from prejudicial error and are hereby affirmed.
3 16 NLRB No. 201.
1444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees 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 Petitioner seeks to sever a group of four truckdrivers from
a unit of production and maintenance employees which has been
represented by the Intervenor since 1937. Neither the Employer-nor
the Intervenor takesyany clear position on the question, although the
Intervenor appears to allege that the truckdrivers are engaged in a
combination of production and transportation work. The Employer
is a multistate corporation, engaged in the manufacture of a variety
of chemical products. At its Battle Creek, Michigan, plant, the only
plant here involved, the Employer is engaged in the manufacture of
printing inks.
The Employer operates 2 trucks and employs 4 truckdrivers, 2
drivers on each shift. They are part of the shipping department and
work under the immediate supervision of the shipping clerk. Their
duties are do prepare the finished product for shipping and to make
deliveries. Using hand, trucks, the drivers move the weighed and
sealed containers of ink, as they come off the production machines, to
the shipping dock; they put labels on the containers and load the
material on the trucks if it is to be delivered by the Employer's own
truck .2 Labels, which apparently are shipping labels, are prepared
by the shipping clerk, but occasionally a driver may be asked to type
a label. The truckdrivers spend 4 to 6 hours of an 8-hour day in
making their deliveries. Each week the drivers alternate in making
out-of-town deliveries. At points of delivery, they pick up some mate-
rial for return to the plant. --
Two of the four truckdrivers were hired from the outside, the
others having been transferred from production jobs after bidding
fora truckdriving job. One employee who had previously worked as
a truckdriver was transferred to a maintenance job. There is, how-
ever, no interchange between truckdrivers and production and mainte-
nance employees. In the event that a truckdriver is absent due to
International Printing Pressmen and Assistants Union of North America , AFL-CIO,
Battle Creek Printing Ink Makers Union, Local No. 6, was permitted to intervene on the
basis of its contractual interest.
2 One of the truckdrivers who testified for the Petitioner stated that truckdrivers pre-
pare base ink for shipment . This task consists of filling some small orders for base ink
by taking the required amount from a large container and putting it in a smaller container.
INTERCHEMICAL CORPORATION 1445
illness, one of the second shift drivers substitutes for him and works
a double shift.
In addition to the truckdrivers, there are two employees, classified
as "packer and shipper," employed in the shipping department under
supervision of the shipping clerk. Their duties, generally, are to pack
ink for shipment and to prepare bills of lading. They seldom help
in loading trucks. - The packer and shipper receives an hourly rate
of $1.86 as against the truckdriver's hourly rate of $2.03.
Although the record shows that the truckdrivers perform such in-
cidental duties as moving the finished product from the production
machines to the shipping dock, it is clear that they spend at least the
major portion of their working time in actual driving, thus performing
a function which is materially distinct from that performed by the
other employees. In such circumstances, we find that the drivers con-
stitute a functionally distinct group such as the Board has tradi-
tionally accorded the right of self-determination, notwithstanding
a history of bargaining on a broader basis.' Also, the Petitioner is a
union which has historically represented truckdrivers. Accordingly,
we find that the Employer's truckdrivers may, if they so desire, con-
stitute a separate appropriate unit.
We shall direct an election among the following group of employ-
ees: All truckdrivers at the Employer's Battle Creek, Michigan (Mer-
rill Park), plant, excluding all other shipping and receiving employ-
ees,' all other production and maintenance employees, office clerical
employees, guards, watchmen, and supervisors as defined in the Act.
We shall make no final unit determination at this time, but shall
be guided in part by the desires of the employees as expressed in the
election hereinafter directed. If a majority vote for the Petitioner,
they will be taken to have indicated their desire to constitute a separate
appropriate unit, and the Regional Director conducting the election is
instructed to issue a certification of representatives to the Petitioner
for the employees in the group described in paragraph numbered 4,
above, which the Board, in such circumstances, finds to be appropriate
for purposes of collective bargaining. In the event that a majority do
not vote for the Petitioner, these employees shall remain a part of the
existing unit and the Regional Director will issue ' a certification of
results of election to such effect.'
[Text of Direction of Election omitted from publication.]
3 United States Smelting, Refining and Mining Company, 116 NLRB 661; Tennessee Egg
Company, 110 NLRB 189 . Cf. The Lawson Milk Company , 116 NLRB 549.
4In view of the fact that the packer-and-shipper employees in the shipping department
do not drive trucks but perform shipping and receiving duties, we shall , in agreement
with Employer , exclude them from the above -designated group.