86 N.L.R.B. 446 (N.L.R.B. 1949)

Smith Agricultural Chemical Co.

National Labor Relations Board - Board DecisionsOct 10, 1949

86 N.L.R.B. 446 (N.L.R.B. 1949)

In the Matter of SMITH AG-UCIILTIIRAL CHEMICAL COMPANY, EM- PLOYER and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO), PETITIONER Case No. 7-RC-617.-Decided October 10, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Herman Coren- man, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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-member panel [Members Reynolds, Murdock and Gray]. Upon the entire record in the case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. A 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. 4. The following employees of the Employer constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All employees of the Employer's Saginaw, Michigan, plant includ- ing the plant janitor, but excluding office and clerical employees, office janitress, watchmen, foremen, and supervisory employees as defined in the Act. DIRECTION OF ELECTION As 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 days from the date of this Direction, ui ider the direction and super- 86 N. L. R. B., No. 61. 446 SMITH AGRICULTURAL CHEMICAL COMPANY 447 vision 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 , among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period of July 7, 1949,1 including em- ployees 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 employees on strike who are not entitled to reinstate- ment, to determine whether or not they desire to be represented, for purposes of collective bargaining , by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America (UAW-C10). ' The pay-roll date herein is adopted in accordance with the stipulation of the parties.