National Carbon Co., Inc.

National Labor Relations Board - Board Decisions

Apr 9, 1945

61 N.L.R.B. 457 (N.L.R.B. 1945)

In the Matter of NATIONAL CARBON COMPANY, INC., NIAGARA WORKS
and LOCAL #85, UNITED GAS, COKE & CHEMICAL WORKERS OF AMER-
ICA, C. I. O.
Case No. 3-R-918.-Decided April 9, 1945
Mr. Eugene J. von Wollsheim, for the Board.
Mr. William C. Treanor, of New York City, for the Company.
Mr. Charles A. Doyle, of Niagara Falls, N. Y., for the Union.
Mr. Louis Monas, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Local #85, United Gas,
Coke & Chemical Workers of America, C. I. 0., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of National Carbon Company,
Inc., Niagara Works, Niagara Falls, New York, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Francis X. Helgesen, Trial
Examiner. Said hearing was held at Niagara Falls, New York, on
February 21 and 22, 1944. The Board, the Company and the Union
appeared and participated, were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. At the hearing, the Trial Examiner reserved
ruling on the Company's motion to -dismiss the petition. For reasons
set forth in Section III, infra, this motion is denied. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
National Carbon Company, Inc., a New York corporation and a
subsidiary of the Union Carbide and Carbon Corporation, is engaged
61 N. L. R. B., No. 59.
457
458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at Niagara Falls, New York, in the manufacture of carbon and graphite
products. During 1944 the Company used at its Niagara Works raw
materials valued in excess of $500,000, more than 90 percent of which
came from sources outside the State of New York. During the same
period it manufactured finished products valued in excess of $500,000,
more than 75 percent of which was shipped to points outside that
State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local #85, United Gas, Coke & Chemical Workers of America,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board Field Examiner, introduced into evidence
at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found appropriate.'
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 parties are in general agreement that the appropriate unit'
should consist of all hourly paid employees of the Company's Acheson,
'The Field Examiner reported that the Union submitted 310 application cards in an
alleged appropriate unit of 782 employees , and that a spot check of 20 percent of these
cards against the Company 's pay roll of December 17, 1944, indicated that the Union made
a showing of 30 percent
The Company moves to dismiss the petition oil the ground that the spot check discloses
that the Union' s showing is allegedly less than the number of votes it polled in a prior
election held on April 17, 1944 (Matter of National Carbon Company , Inc., Niagara Works,
55 N. L. It. B. 785 ), in which a bargaining representative was not selected Approximately
1 year has elapsed since the prior election, the Union has presented evidence of a substan-
tial interest among the employees in the unit petitioned for, and all cards ( excepting 33
which are undated ) are dated subsequent to the last election We believe that the policies
of the Act will best be effectuated under these circumstances by conducting an election on
the present petition See Mattel of Vermont Copper Company, Inc, 59 N. L. R. B. 853.
2In Matter of National Carbon Company, Inc., Niagara Works ( see footnote 1, supra), the
Board found that the appropriate unit consisted of "all employees on the hourly pay roll of
the Company at its Niagara Works at its three plants , namely, National , Acheson, and
Republic, including checkers. stole clerks, and watchmen , butexcluding guards, clerical and
office employees ( except the checkers and store clerks ), salaried employees , bricklayers, and
all supervisory employees . . .
There has been no material change in either the Company's operations or the number
of its employees since the Board 's previous decision
NATIONAL CARBON COMPANY, INC. 459
National, and Republic plants at Niagara Falls, New York, commonly
known as the Niagara Works, including gang or group leaders,3 and
watchmen, but excluding clerical (including intra-plant messengers),
and office employees, salaried employees, bricklayers,4 guards, the
head shipping clerk, supervisors, and all other supervisory employees.
They are in dispute concerning the employees discussed below.
The Union would exclude as supervisory employees, four inspectors
departmental, two head cooks, two head floormen, and the Acheson
plant carpenter and millwright. Except for John Henner, one of
the inspectors departmental, it appears from the evidence that none
of these employees has any supervisory authority. Henner, however,
has obtained increases for some employees, recommended the demo-'
tion of one employee, and job transfers of others. We shall include
all of these employees except John Henner, whom we shall exclude.
The Union would exclude as clerical employees, the checkers and
stores clerks, as well as Ernest F. Crawford, one of the works labora-
tory assistants at the Acheson plant. Except for Crawford, the evi-
dence clearly indicates that these employees are engaged in physical
labor, performing functions which are essentially a part of the pro-
duction and maintenance process ; whatever clerical work is done by
them is merely incidental to their principal duties. Crawford, on the
other hand, appears to do no physical labor. Although classified' as a
laboratory assistant and assigned to the works laboratory, he is pri-
marily responsible for the proper technical operation of the furnaces,
performing this function while at his desk. He prepares reports
relating to the operation of the furnaces and, among his other clerical
duties, spends some time in work concerning the O. P. A. Approxi-
mately 60 percent of his work day is spent in the works laboratory
office. We are of the opinion that Ernest F. Crawford is purely a
clerical employee and we shall exclude' him. However, we shall in-
clude the checkers and stores clerks.
The Union would exclude as technical or research employees, ap-
proximately 10 laboratory assistants in the development laboratory.'
This department is under the supervision of a professionally trained
technician, assisted by 3 or 4 technicians who supervise the work of
these laboratory assistants. This laboratory experiments with and
develops the results of the basic research conducted by the Company's
research department at Cleveland, Ohio. The laboratory assistants
are not professionally trained, some of them not having completed
high school, nor does the Company require of them any kind of special
skill or training. Some of them were previously employed in actual
3 It appears that these employees are not supervisory.
"These employees are represented by another union which has a contract with the
Company.
"These employees are eligible for union membership They voted in the prior election
460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant production, a few started as bricklayers' assistants, and 5 are
presently engaged in the production of a regular commercial product
of the Company. They may be shifted between laboratory work and
production work. Their wage rate and working conditions are com-
parable to that of the production and maintenance employees. They
are not research or technical workers, but their functions are a neces-
sary part of the production and maintenance process. We shall in-
clude them.
We find that all hourly paid employees of the Company's Acheson,
National, and Republic plants at Niagara Falls, New York, known as
the Niagara Works, including checkers and stores clerks, the Acheson
plant carpenter and millwright, watchmen, gang or group leaders,
the head floormen, the head cooks, the inspectors departmental,6 and
the development laboratory assistants, but excluding clerical (includ-
ing intra-plant messengers and Ernest F. Crawford) and office em-
ployees, salaried employees, bricklayers, guards, the head shipping
clerk, supervisors, and all other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
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 the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National La-
bor Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 National Carbon
Company, Inc., Niagara Works, Niagara Falls, New York, 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 direc-
tion and supervision of the Regional Director for the Third Region,
acting in this matter as agent for the National Labor Relations Board,
6 John Renner is excluded as a supervisory employee.
NATIONAL CARBON COMPANY, INC. 461
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, 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 the said pay-roll period because they were in or on vaca-
tion 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 any 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 or not they desire to be represented by
Local #85, United Gas, Coke & Chemical Workers of America, C. 1. 0.,
for the purposes of collective bargaining.
CHAIRMAN MILLts took no part in the consideration of the above
Decision and Direction of Election.
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