79 N.L.R.B. 89 (N.L.R.B. 1948)

National Lead Co.

National Labor Relations Board - Board DecisionsAug 26, 1948

79 N.L.R.B. 89 (N.L.R.B. 1948)

11 Iii the Matter of NATIONAL LEAD COMPANY-TITANIUM DIvIsIoN, EM- PLOYER and UNITED GAS, COKE & CHEMICAL WORKERS OF AMERICA, CIO, PETITIONER Case No. 4-RC-40 SUPPLEMENTAL DECISION AND DIRECTION OF ELECTION August ?6,19-418 On June 7, 1948, the Board issued a Decision and Direction of Elec- tion in the instant case.' At that time, the election was directed among the employees in the production and maintenance unit, with a provi- sion to impound the votes of the machinists, pending a decision of the Board as to whether or not they should be included therein. The machinists are a recognized craft, and the fact that collective bargaining by the Employer on a more comprehensive basis has existed for several years is not sufficient in itself to prevent a severance of the machinists as a craft group. While the Employer's operations are concerned with the pigment industry in which there are appar- ently few if any instances of bargaining upon a craft basis,3 this industry has recently been found by the Board to be a part of the chemical industry.4 In the latter industry, separate craft units, in- cluding units of machinists, have sometimes been recognized as appro- priate for the purposes of collective bargaining.' We believe, there- fore, that the machinists may, if they so desire, constitute a separate unlit notwithstanding their previous inclusion in a broader unit. How- ever, we shall make no unit determination, pending the outcome of the election hereinafter directed. If the machinists select the Interna- tional Association of Machinists, they will be taken to have indicated 1 77 N I. R B 1055 2 See Matter of American Can Company, 75 N. L . R B 1127; and Matter of Southern Central Company, 77 N , L. R. B. 247. ' The record contains no reference to similar craft units in the pigment industry as such See Matter of George S. Mepham Corporation , 78 N L R B 1081 , issued August 1948 , and cases cited therein. 5 See Matter of B F. Goodrich Company ( Copolymef plant ). 51 N L R B. 872 ; Matter of B. F Goodrich Company , 55 N L, R B . 338, Matter of Goodyear Synthetic Rubber Corporation , 74 N L. R B 419 Matte of Copolymer Corporation, 74 N L R B. 921 79 N. L. R. B., No 17. 89 90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD their desire to constitute a separate bargaining unit . We shall not place the name of the International Union of Mine, Mill & Smelter Workers, CIO, and its Local 594, on the ballot, inasmuch as they are not in compliance with Section 9- (f), (g), and (h) of the Act as amended.6 We shall direct that an election be held among all machinists and apprentices employed by the Employer at its Sayreville ,' New Jersey, plant, excluding foremen and other supervisors as defined by the Act. DIRECTION OF ELECTION 7 As part of the investigation to ascertain representatives for the purposes of collective bargaining with National Lead Company-Ti- tanium Division, Sayreville, New Jersey, an election by secret ballot shall be conducted as early as possible but not later than 30 days from the date of this Direction, under direction and supervision of the Re-' gional Director for the Region in which this case was heard, and sub- ject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, among the employees in the voting group described 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, but excluding 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 those employees on strike who are not entitled to reinstatement, to determine whether they desire to be represented by International Association of Machinists; or by United Gas, Coke & Chemical Workers of Amer- ica, CIO; or by International Chemical Workers Union, AFL; or by none of these organizations. MEMBER GRAY took no part in the consideration of the above Supple- mental Decision and Direction of Election. 6 See Matter of Rite-Form Corset Company, 75 N. L. R. B. 174. 4 Any participant in the election directed herein may , upon prompt request to, and approval thereof by, the Regional Director , have its name removed from the ballot.