Solventol Chemical Products, Inc.

National Labor Relations Board - Board Decisions

Aug 12, 1955

113 N.L.R.B. 617 (N.L.R.B. 1955)

SOLVENTOL CHEMICAL PRODUCTS , INC . 617
(d) Case No. 32RC-841 : All production and maintenance em-
ployees , including truckdrivers , mill and logging employees at the
Employer 's Dierks , Arkansas, operation , but excluding the superin-
tendent, foreman , assistant foreman, dry kiln operators, shipping
clerks, head machinist , head electrician , head saw filer, plant engineer,
civil engineer , surveyors , armed guards, . watchmen , all clerical and
store employees , professional and technical employees , and super-
visors as defined in the Act.'
[Text of Direction of Elections omitted from publication.]
a The parties agree that the traveling construction crew is not included in any of the
above units.
Solventol Chemical Products, Inc. and Local 292, Sheet Metal
Workers International Association , AFL, Petitioner. Case No.
7-RC-2811. August 12,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before L. L. Porterfield, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim 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) andSection 2 ( 6) and (7) of the Act.
The Petitioner requests an election in a unit of all production and
maintenance employees . The Employer and the Intervenor , Local 365,
United Construction Workers, affiliated with United Mine Workers of
America, contend that their current contract covering essentially the
unit petitioned for, and which the Intervenor contends is effective until
May 15, 1956 , is a bar. 'The contract provides that "The Company
recognizes the Union as the sole and exclusive bargaining agency for
all factory employees," and contains provisions covering wages, griev-
ance procedure , seniority, hours, vacations, and other conditions of
work. In addition , the contract states as follows :
Both the Company and the Union feel that the greatest amount
of harmony will exist , that better labor relations will prevail and
that the employees ' interests will be more adequately represented
113 NLRB No. 71.
618 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and better served if all eligible employees covered by this Agree-
ment are willing to become members of the Union.
The contract also contains the following language :
Employees not in good standing with Union lose all rights and
privileges under this Contract.
On its face this agreement provides for exclusive recognition of the
Intervenor as the representative of all employees in the unit. How-
ever, the last-quoted clause either belies the exclusive recognition clause
by providing, in effect, that the Intervenor will represent only its
members, or seeks, notwithstanding the noncompliance of the Union,
to simulate union-shop conditions by withholding from nonmembers
all benefits under the contract. Accordingly, whether the contract be
viewed as a "members-only" contract 1 or as containing an illegal union-
security provision,2 it does not, in either event, constitute a bar to a
present election among all production and maintenance employees.'
4. We find, in agreement with the stipulation of the parties, that
the following employees of the Employer constitute a unit appro-
priate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act :
All production and maintenance employees of the Employer's metal
fabricating division plant, 15843 Second Boulevard, Detroit 3, Michi-
gan, excluding janitors, office clerical employees, shop clerical em-
ployees, professional employees, guards, and supervisors as defined in
the Act.
[Text of Direction of Election omitted from publication.]
CHAIRMAN FARMER took no part in the consideration of the above
Decision and Direction of Election.
1 Associated Shoe Industries of Southeastern Mass., Inc., 81 NLRB 224, 226 footnote 6 ;
accord : Hughes Tool Company, 104 NLRB 318.
z See Ward Baking Company, 101 NLRB 419.
s In view of our determination herein , we find it unnecessary to decide whether the con-
tract was properly executed or extended.
Local 450, International Union of Operating Engineers , AFL and
W. J. Hedrick and H . W. Marschall, Jr., d/b/a Industrial
Painters and Sand Blasters . Case No. 39-CD-14. August 12,
1955
ORDER GRANTING MOTION AND REMANDING FOR
FURTHER HEARING
On April 25, 1955, the Board issued a Decision and Determination
of Dispute in the instant case, finding that the Respondent was not
113 NLRB No. 66.