Monsanto Chemical Co.

National Labor Relations Board - Board Decisions

Mar 10, 1943

47 N.L.R.B. 1469 (N.L.R.B. 1943)

In the Matter 'of MONSANTO CHEMICAL COMPANY (PLASTICS DIVISION)
and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA,
LOCAL 288; .C. I.' O.
Case No. R-4908.-Decided March 10,19¢3
Jurisdiction : chemical products manufacturing industry.
Investigation and Certification of Representatives : existence of question: recog-
nition refused on grounds that company was bound by alleged existing contract
and would not enter into negotiations with any organization until Board deter-
mined proper representative; contract automatically renewable in absence of
30 day notice of termination. held no bar when petitioner gave notice of its
claim prior to automatic renewal date ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees, with specified inclusions and exclusions; no objection as to.
Mr. Leonard-C. Lewin, of Springfield, Mass., for the Union. -
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed- by United Electrical, Radio & Machine
Workers of America, Local 288, affiliated with the C. I. 0., herein called
the Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Monsanto Chemical Com-
pany (Plastics Division), Indian Orchard,' Massachusetts, herein called
the- Company, the National, Labor Relations Board provided for an
appropriate hearing upon due notice before Robert E. Greene, Trial
Examiner. Said hearing was held at Springfield, Massachusetts, on
February 19, 1943. The Union appeared and participated; all parties
were afforded full opportunity to be heard, to examine and cross-exam=
ine witnesses, and to introduce,evidence bearing upon the issues.' The
Trial Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
' The Company and United Mine workers of America, District 50, were served with
notices but did not appear at the heating Prior to, the hearing, District 50 notified the
offiice,of the Fiist Region that it would not participate at the hearing , nor seek a place on
the ballot in the event the Board ordered an election
47 N L ' R. B., i46."188
1469
1470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Monsanto, Chemical Company- (Plastics, Division.) -is :a -Delaware
Corporation, licensed to do business in the Conimonwealtli of-Massa-
chusetts. The Company operates a plant at Indian Orchard, Massa-
chusetts, the only" one involved herein, where • it is engaged in the
manufacture, sale, and ",distribution, of . various chemical products.
The principal raw material's used at its Indian Orchard plant are
synthetic resins, wood pulp and chemicals-; the annual value of "whicli
is in excess of $1,000,000: and approximately 90 percent of which,is
received from sources outside the Commonwealth of Massachusetts.
The annual value of the products produced- by the Indian Orchard
plant is in excess of $2,000,000, approximately 85 percent of which-.is
shipped to points outside 'the Common wealth, of Massachusetts. The
Company concedes that it is engaged in commerce within the meaning
of the National'Lalcir Relations ' pct.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, Local 288,
affiliated with the Congress of Industrial Organizations, is a labor
organization , admitting to membership employees of the Company.
III. THE QUESTION,CON,CERNING REPRESENTATION
In January 1942, the United Mine Workers of America, District 50,
herein called District 50, won a consent election among the employees
of the Company . On March 18 , 1942, the Company and District 50
executed a contract , which was to be in effect until March 18, 19431 and
from year to year thereafter unless either party^gave the other written
notice 30 days before the expiration of any particular contract year
of its desire to terminate 'the agreement . On November 15, 1942, the
majority of the employees of the Company who were members : of
District 50 voted to sever their affiliation, with District ' 50 and to
affiliate with the C . I. 0. The record shows that shortly thereafter
District 50 'ceased to be an active- organization in the plant. In
December , the new organization requested recognition from the- Com-
panybut its request was refused on the grounds that the Company
was bound by the existing 'contract and also, that the C'oniliaiiy woiil-d
not, enter , into negotiations , with any - organization until such tinie.as
theBoard -determines the, proper representative. On December 2S;11
1942, the Union filed its petition. --
MONSANTO-CHEMICAL -COMPANY (PLAST'ICS- DIVISION) 1471
Since - the -Union made its claim to representation- prior to,tire=date
upomwhich the contract with District 50 would have been renewed, we
find that the contract is not a bar to a present determination -of
representatives.
A statement prepared by the Regional Director -and introduced in
evidence at the hearing indicates that the Union represents a'substan-
tial number of employees in the unit hereinafter found ' to'be•appro-
pri ate.2
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 Natioiiall Labor
Relations Act. - - ' - •
IV. THE APPROPRIATE UNIT
We find, in accordance with the request of the Union ,to which the
Company makes no objections, that all production and maintenance
employees, including resiilox and color laboratories,sheeters, pressmen
roll, operators, and color-weigllers,,but excluding.executive9,'..foreriien,,,,
subforemen, supervisors, shift foremen, office and factory clerks, all
other laboratory employees, mechanical engineers, draftsmen and
technical trainees, watchmen, and hospital employees, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.3 -
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of our Direction of Election
herein, subject to the limitations and additions -set forth in said
Direction.
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 Relations Act,
and pursuant'to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
'The Union submitted 467 application -for-menibersl ip cards, all of which bore appar-
ently genuine signatures and 445 of which bore names of persons whose names are on the
Company s pay roll for the week including January 10, 1942; the pay roll contains 772
names of employees in the appiopriate unit All the cards were dated in December 1942
and January 1943
,This is the same unit set forth in the contract dated March 18. 1942, and is also the
sane unit agreed upon by the Company and District 50, at the time of the consent election
1472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Monsanto Cem-
ical Company (Plastics Division), Indian Orchard, Massachusetts, 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 supervision of the Regional Director for the First
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 10, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who 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
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 employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
United Electrical Radio & Machine Workers of America, Local 288,
affiliated with the C. I. 0., for the purposes of collective bargaining.