National Lead Co.

National Labor Relations Board - Board Decisions

Jun 7, 1948

77 N.L.R.B. 1055 (N.L.R.B. 1948)

In the Matter of NATIONAL LEAD COMPANY-TITANIUM DIVISION, EM-
PLOYER and UNITED GAS, COKE & CHEMICAL WORKERS OF AMERICA,
CIO, PETITIONER
Case No. 4.-RC-10.Decided June 7, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing in this case 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. The motion to dismiss filed by International
Union of Mine, Mill and Smelter Workers, and its Local 594, herein-
after referred to as M. M. & S. and Local 594, respectively, is denied
for reasons hereinafter stated.
Upon the entire record in the case, the Board finds the following un-
disputed facts:
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The organizations named below claim to represent employees of
the Employer.
In addition to the foregoing findings, the Board, upon the entire
record in this case, makes the following findings with respect to dis-
puted issues of fact.
3. The question concerning representation
On July 1, 1947, the M. M. & S. executed a contract with the Em-
ployer, for and on behalf of Local 594. On December 17, 1947, the
Petitioner filed its petition in this proceeding alleging that on De-
cember 2, 1947, there occurred a shift of affiliation by Local 594 to
the Petitioner. The M. M. & S. contends the contract is a bar upon
the ground that the petition was prematurely filed; that the change of
affiliation was illegal; and that, in any event, Section 103 of the Act,
as amended, preserves the contract as a bar to the proceeding. As the
contract will expire within approximately one month from the present
time, we find it unnecessary to pass upon any of the foregoing conten-
tions, and find that the contract is not a bar to a present determina-
tion of representatives.'
1 See Matter of Green Bay Drop Forge Company, 60 N. L. R B 334 ; Matter of Elder
Manufacturing Company, 73 N. L. R. B. 230; Matter of Westinghouse Corporation, 73
N. L. R B. 1292.
77 N. L. R. B., No. 170. 1055
1056 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce exists concerning rep-
resentation of the employees of the Employer within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit
The Petitioner and the International Chemical Workers Union,
AFL, an intervenor, seek a plant-wide unit of all production and
maintenance employees, excluding salaried employees, supervisors and
lead burners.2 The International Association of Machinists, an inter-
venor, seeks a craft unit including fifteen machinists and one appren-
tice. It is stipulated by all parties to the proceeding that the machinists
constitute a craft. The Employer and the Petitioner oppose the sever-
ance of a craft unit for machinists because of the plant-wide bargain-
ing history at this plant, and because of the inter-relation between the
machinists and the other maintenance employees there.
The Employer's operations are concerned with the pigment indus-
try, and although the machinists involved herein constitute a generally
recognized craft, the Board believes that the question of a separate
unit for machinists in this industry requires further deliberation.
Therefore, we shall not pass upon the craft unit issue at this time,
but in order to prevent further delay for the overwhelming majority
of the employees concerned who are in other categories, we shall direct
an election among the employees in the production and maintenance
unit. Although we make no determination now on whether or not
to include the machinists and apprentices within the production and
maintenance unit, they will be allowed to vote in the election we are di-
recting among the employees in the production and maintenance unit.
However, the Regional Director shall segregate and impound their
ballots until we have passed upon the craft unit issue and determined
whether or not machinists are to be included in the production and
maintenance unit or permitted a separate election. We shall not
place the name of the International Union of Mine, Mill & Smelter
Workers, CIO, and its Local 594, on the ballot, as it is not in com-
pliance with Section 9 (f), (g), and (h) of the Act, as amended.3
We find that all production and maintenance employees employed
by the Employer at its Sayreville, New Jersey, plant, excluding
salaried employees, guards, lead burners, and all supervisors, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
Whether or not the machinists and apprentices will be included
in the production and maintenance unit is yet to be determined, as
stated herein above.
8 Pursuant to Matter of National Lead Company-Titanium Division , 63 N. L. R. B. 903,
lead burners are presently recognized as a separate group.
8 See Matter of Rtite-Form Corset Company , Inc., 75 N. L. R. B. 174.
NATIONAL LEAD COMPANY--TITANIUM DIVISION 1057
5. Determination of representatives
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot subject to the
limitations and additions set forth in the Direction.
Machinists and apprentices shall be permitted to vote in the elec-
tion, but the Regional Director shall segregate and impound their
ballots pending further action of the Board. Whether or not the
ballots of the machinists and apprentices are to be counted , assuming
that they may affect the results of the election, shall be determined
by our later decision as to whether such machinists and apprentices
are properly a part of the production and maintenance unit, or, on the
other hand, are entitled to a separate election. It is clearly to be
understood that the omission of the name of the International Associa-
tion of Machinists from the ballot in a larger unit is not in any sense
a prejudgment of the right of that organization to be placed upon the
ballot in any separate election that might possibly be found appro-
priate later . Should a separate election be directed , the name of the
International Association of Machinists will be placed on the ballot
therein.
DIRECTION OF ELECTION
As a part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later
than 30 clays from the date of this Direction, under the direction
and supervision of the Regional Director for the Region in which
this case was heard , and subject to Sections 203.61 and 203.62 of
National Labor Relations Board Rules and Regulations-Series 5,
among the employees in the unit found appropriate (as well as ma-
chinists and apprentices), who were employed during the pay-roll
period immediately preceding the date of this Direction of Election,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, but ex-
cluding 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, and also excluding employees on strike who are not entitled
to reinstatement, to determine whether they desire to be represented,
for purposes of collective bargaining, by United Gas, Coke & Chemical
Workers of America, CIO, or by International Chemical Workers
Union, AFL, or by neither.
MEMBER GRAY took no part in the consideration of the above Deci-
sion and Direction of Election.