Monsanto Chemical Co.

National Labor Relations Board - Board Decisions

Apr 27, 1948

77 N.L.R.B. 383 (N.L.R.B. 1948)

In the Matter of MONSANTO CHEMICAL COMPANY, CLINTON LABORA-
TORIES, OAK RIDGE, TENNESSEE, EMPLOYER and INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, AMERICAN FEDERATION OF LABOR,
PETITIONER
Case No. 10-R-2231
ORDER DIRECTING HEARING
April 27,1948
On March 16, 1948, the Board issued its Decision and Direction of
Election in the above-entitled proceeding (76 N. L. R. B. 767).
Thereafter, the Board was advised that the Employer was no longer
acting as employer for the operation of Clinton Laboratories (now
known as Oak Ridge National Laboratory), under the aegis of the
Atomic Energy Commission, and that Carbide and Carbon Chemical
Corporation is the present contractor for this operation and is acting
as the employer of the employees concerned.
Thereupon, the Board issued an order that cause be shown why
Carbide and Carbon Chemical Corporation should not be substituted
as the Employer in the place of Monsanto Chemical Company.
On April 12, 1948, Oak Ridge National Laboratory, Division of
Carbide and Carbon Chemical Corporation, filed with the Board its
response to the said order to show cause stating in substance the fol-
lowing allegations :
(1) We are not the legal successors to the Monsanto Chemical
-Company and did not undertake to assume any of the Monsanto
Chemical Company's obligations;
(2) The Board has previously ruled that there should be only
one bargaining unit in each of the Oak Ridge plants; and
(3) Since an A. F. of L. union is certified as the bargaining
agent for the production and maintenance workers, such union
could not represent the firemen who come within the definition of
guards in the Act.
The Board, having duly considered the matter, finds that the said
response to its order to show cause raises substantial and material is-
sues. Accordingly, we shall set aside our Direction of Election in this
77N L R B,No.61
383
384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
matter and shall direct that a hearing be held at which Carbide and
Carbon Chemical Corporation may be heard.
IT IS HEREBY ORDERED that the Direction of Election issued March 16,
1948, be, and it hereby is, set aside ; and
IT IS HEREBY FURTHER ORDERED that the above-entitled proceeding be,
and it hereby is, referred to the Regional Director for the Tenth Region
for the purpose of conducting a further hearing on all issues raised by
the petition herein and that the said Regional Director be, and he,
hereby is, authorized to issue notice thereof.
CHAIRMAN HERZOG took no part in the consideration of the above
Order Directing Hearing.