Monsanto Chemical Co.

National Labor Relations Board - Board Decisions

Sep 28, 1948

79 N.L.R.B. 1035 (N.L.R.B. 1948)

In the Matter Of MONSANTO CHEMICAL COMPANY, EMPLOYER' and
LOCAL 562, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES
OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES
AND CANADA, A. F. OF L., PETITIONER
Case No. 14-RC-86.-Decided September 28, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board., The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. At the hearing, the International Chemical Workers
Union, Local 16, A. F. of L., herein called the Intervenor, and the
Employer moved to dismiss the petition on the ground, among others,
that the unit sought is inappropriate. The hearing officer referred
this motion to the Board. For reasons stated in paragraph 3, infra,
the motion is granted.
Pursuant to the provisions, of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of'
the National Labor Relations Act.
2. The labor organizations involved claim to represent employees,
of the Employer.
3. No 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, for the following
reasons:
1 The Petitioner's request for oral argument is denied as in our opinion , the positions
and arguments of the parties are adequately presented in the record and the briefs sub-
mitted in this proceeding.
* Chairman Herzog and Members Murdock and Gray.
79 N. L. R. B., No. 129.
1035
1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Petitioner seeks to sever from the plant-wide unit of employees
presently represented by the Intervenor, a unit of pipe fitters, pipe-
fitter leadmen, acid men, welders, department mechanics, apprentices
and helpers in the Employer's John F. Queeny plant, in St. Louis, Mis-
souri. The Employer and• the Intervenor contend that only a plant-
wide unit is appropriate.
Recently, in a case2 involving another plant of the Employer simi-
lar to the one here involved, the Board found inappropriate a unit
of pipe fitters, their helpers and apprentices, and instrument men
with pipe-fitter seniority on the ground, among others, that the pro-
posed unit did not include all employees working on pipes. Although
in the present case, the Petitioner seeks a more inclusive unit than
that requested in the previous case, the Petitioner still does not de-
sire to include in its unit all pipe workers. 8 Accordingly, for all the
reasons stated in our prior decision, we find that the unit requested
by the Petitioner is inappropriate. We shall therefore dismiss the
petition.
ORDER
Upon the basis of the above findings of fact and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of Monsanto Chemical Company, John F. Queeny plant,
.St. Louis, Missouri, filed by Local 562, United Association of Journey-
men and Apprentices of the Plumbing and Pipefitting Industry of
the United States and Canada, A. F. of L., be, and it hereby is,
dismissed.
s Matter of Monsanto Chemical Company, 78 N. L. R. B. 1249.
$ Among other employees who work on pipes are night mechanics , millwrights, and
carpenters.