Marietta-Harmon Chemical, Inc.

National Labor Relations Board - Board Decisions

Mar 25, 1946

66 N.L.R.B. 1137 (N.L.R.B. 1946)

In the Matter of DL>,RIETTA -HARMON CHEMICAL, INC. and INTER-
NATIONAL CHEMICAL WORKERS UNION7 A. F. OF L.
Case No. Z-R-5976.Decided March 95,1946
Mr. Howard Lichtenstein, of New York City, for the Company.
Mr. Jacob Friedland, of Jersey City, N. J., for the A. F. of L.
Mr. Clarence Talisman, of Newark, N. J., for the C. I. O.
Mr. James Zett, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Chemical Workers
Union, A. F. of L., herein called the A. F. of L., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Marietta-Harmon Chemical, Inc.,' Haledon, New
Jersey, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
John J. Cuneo, Trial Examiner. The hearing was held at Jersey
City, New Jersey, on December 7, 1945. The Company, the A. F.
of L., and United Gas, Coke & Chemical Workers of America, Local
No. 95, C. I. 0., intervenor, herein called the C. I. 0., appeared and
participated. All parties 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 prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board. At
the hearing the C. I. O. moved to dismiss the petition. The motion
is denied for reasons hereinafter indicated.
I The petition was originally filed naming John wyeth & Brother (correct corporation
title is Wyeth , Inc.) and amended to name Marietta-Harmon Chemical, Inc
66 N. L. R. B., No. 137.
1137
686572-46-73
1138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in this case , the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Marietta-Harmon Chemical, Inc., a subsidiary of American Home
Products, Inc., is a corporation organized and existing under the laws
of the State of Ohio, and maintaining a principal office and plant at
Haledon, New Jersey, a branch office and plant at Marietta, Ohio,
and another plant at Kearny, New Jersey. The only plants involved
in this proceeding are the Haledon and Kearny plants, which manu-
facture color pigments and intermediates used in the production of
such color pigments.
During the year ending November 1, 1945, the Company purchased
raw materials consisting of various types of chemicals valued in
excess of $1,000,000, of which approximately 50 percent was shipped
in interstate commerce to the Company's plants.
During the same period, the Company manufactured and pro-
duced finished products consisting of dry colors valued in excess of
$1,000,000, of which approximately 15 percent was shipped from
said plants to points outside the State in which said plants were
located.
The Company admits, and we find, that it is, engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Chemical Workers Union is a labor organization,
affiliated with the A. F. of L., admitting to membership employees
of the Company.
United Gas, Coke & Chemical Workers of America , Local No. 95,
is a labor organization , affiliated with the C. I. 0., admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the A. F. of L. as
the exclusive bargaining representative of its employees at Kearny,
New Jersey, until the A. F. of L. has been certified by the Board in
an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the A. F. of L. represents a substantial number
of employees in the unit which it contends is appropriate.2
x The Field Examiner reported that the A. F. of L. submitted 44 cards , bearing the
names of 39 employees, listed on the Company's pay roll of October 19, 1945 , and the
C. I. O. submitted 7 cards, bearing the names of 7 employees, listed on the Company's
pay roll of October 19, 1945 There are approximately 47 employees in the appropriate
unit.
MARIETTA-HARMON CHEMICAL , INC. 1139
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; THE DETERMINATION OF REPRESENTATIVES
The A. F. of L. seeks a unit of all production and maintenance
employees at the Kearny plant, including cafeteria employees, gate-
men, yardmen . porters, and laboratory helpers, but excluding office
clerical employees, chemists , foremen, and all other supervisory em-
ployees. The C. I. O. and the Company agree with respect to the
above-proposed inclusions and exclusions, but the C. I. O. contends
that a unit confined to the Kearny plant is inappropriate, arguing
that Kearny is a department of the Haledon plant, and that therefore
only a Kearny-Haledon unit is appropriate. The Company takes no
stand on the appropriateness of the unit.
The Company engages approximately 50 and 140 employees at
Kearny and Haledon, respectively, and the 2 plants are 20 miles
apart. The office, located at Haledon. services both plants and ai
general manager has over-all supervision of the Kearny and Haledon
operations . A chief operating chemist is in immediate control of
the Kearny plant; lesser supervisors are responsible to him, and lie
in turn is responsible and reports to the general manager at Haledon.
One personnel manager exercises complete personnel supervision over
both plants except for the actual hiring at Kearny which is, however,
cleared through the personnel manager. The Haledon office keeps all
personnel records, although it appears that a duplicate set of cards is
kept at Kearny. Although the evidence is not too clear, it appears
that, in the average situation, no discharge of Kearny employees
occurs until after conference with the general manager and personnel
manager. All technicians, on the other hand, are interviewed and
hired at Haledon . American Home Products, Inc., the Company's
parent organization , determines over-all policy, but the Haledon office
determines for both plants the type of employee to be hired, Hours,
wages, and working conditions. Except for a slightly lower wage
scale at Kearny, the conditions of employment at both plants are
identical. Indo-acid is produced at Kearny for the sole consumption
of the Haledon plant, which also produces intermediates, signifying
a similarity in working conditions and processes. There are 2 pay
rolls, but this may be only a temporary arrangement. Kearny em-
ployees go to the Haledon office to make up the pay roll, which is
checked by a Haledon official . Both pay rolls are charged to a single
account of the Company. All of these factors indicate a degree of
functional interdependence between the 2 plants, which would justify
1140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a finding that a Kearny-Haledon unit is appropriate, as contended by
the C. I. 0 .8
On the other hand, the geographical separation of 20 miles, the
resulting non-intermingling of the two sets of employees, and absence
of present or contemplated exchanges of employees between the two
plants supports the A. F. of Us contention for a unit confined to the
Kearny plant .4 In any event, we cannot agree that the Kearny plant
is but a department of the Haledon plant, as contended by the C. I. O.•'
In view of all the facts and circumstances in this case," we are of
the opinion that the Kearny employees may constitute a separate
bargaining unit, or be included in the existing unit with the Haledofl
employees. Therefore, before making a final determination with re-
spect to the appropriate unit, we shall first ascertain the desires of
the Kearny employees themselves, as reflected in an election. Our
ultimate finding of the appropriate unit will depend, in part, upon
the results of the election. We shall direct that an election be con-
ducted by secret ballot among the employees in- the following voting
group, the composition of which was agreed to by the parties, 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 : all production and main-
tenance employees at the Company's Kearny, New Jersey, plant, in-
cluding cafeteria employees, gatemen, yardmen, porters, and labora-
tory helpers, but excluding office clerical employees, chief operating
chemists, professional chemists, manufacturing chemists, foremen, and
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action.
e The C . I. O. additionally contends that its contract with the Company covering the
Haledon plant, originally negotiated January 1 , 1944, to run for 1 year and renewed on
January 1, 1945, for another year , was intended and may be construed to embrace the
Kearny plant we find this contention to be without merit in view of the particular cir-
cumstances existing at the time the contract was negotiated , and subsequent corporate
changes in the operation of the Haledon and Kearny plants Prior to the hearing no
attempt was made to apply the contract to the Kearnv plant Accordingly , we reject the
interpretation of the contract proposed by the C I O.
4 As an alternative , the A. F. of I. suggested at the hearing that if an over -all unit is
found appropriate , it should embrace the Company's plant in Marietta , Ohio, in addition
to the two plants in New Jersey. However, the Marietta plant is over 500 miles distant
from the New Jersey plants, has its own distinct management , maintains a separate pal
roll, and produces another product , dyestuff and DDT It was testified at the hearing
that the Marietta plant operates completely independently of the New Jersey plants, and
that this A. F. of L. union has bargained for the Company 's Marietta employees for
approximately 4 years on a single -plant basis In view of our determination herein, we
find it unnecessary to decide whether or not, despite these circumstances , the Marietta
plant and the two New Jersey plants could appropriately constitute a single unit
s Cf. Matter of Vaughn Motor Company, 54 N. L. It. B. 1351 ; Matter of Anthony and
Company, 51 N. L . It. B. 1084.
6 See Matter of General American Aerocoach Company, 55 N. L. R. B. 1377.
MARIETTA-HARMON CHEMICAL, INC. 1141
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 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Marrietta-Harmon
Chemical, Inc., Haledon, New Jersey, an election 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 super-
vision of the Regional Director for the Second Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among employees in the voting group set forth in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing the date of this Direction, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, and including employees in the armed forces of
the United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether they desire to be represented by Inter-
national Chemical Workers Union, A. F. of L., or by United Gas,
Coke & Chemical Workers, Local No. 95, C. I. O., for the purposes of
collective bargaining, or by neither.