The Diamond Alkali Co.

National Labor Relations Board - Board Decisions

May 29, 1941

32 N.L.R.B. 183 (N.L.R.B. 1941)

In the Matter of THE DIAMOND ALKALI COMPANY, THE STANDARD
PORTLAND CEMENT COMPANY, AND THE BUCKEYE SODA COMPANY 1
and CHEMICAL WORKERS FEDERAL LABOR UNION, LOCAL 22162, AFL.
Case No: R-2546.Decided May 29, 1941
Jurisdiction : chemical products, coke, and artificial gas manufacturing industry.
Investigation and Certification of Representatives : existence of question : parties
stipulated at hearing that Company refused to recognize petitioner as exclusive
representative because it does not believe that petitioner represents a majority
oft employees in the appropriate unit ; election necessary.
Unit Appropriate for Collective Bargaining : hourly rated and piece-work em-
ployees engaged in production and maintenance, including timekeepers, plant
laboratory- employees, salaried plant laboratory employees making less than a
specified amount each month, but excluding watchmen, all main office clerical
employees, timekeepers in clock houses, research laboratory and main office
laboratory employees, assistant shift foremen, and all supervisors rated above
assistant shift foremen ; stipulation as to.-
Mr. Harold T. Clark, of Cleveland, Ohio, for the Company.
Mr. K. C. Pangborn, of Painesville, Ohio, and Mr. Jesse Gallagher,
of Cleveland, Ohio,,for the A. F. of L.
Mr. Stanley Denlinger, of Akron, Ohio, for the U. M. W.
Mr. Ralph W. Bell, of Cleveland, Ohio, for the Alkali Employees
Federation, Inc.
Mr. Edward Scheunemann, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 1, 1941, Chemical Workers Federal Labor Union, Local
22162, AFL, herein called the A. F. of L., filed with the Regional
Director for the Eighth Region (Cleveland, Ohio) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of The Diamond Alkali Company, The Stand-
ard Portland Cement Company, and The Buckeye Soda Company,
i The parties stipulated at the hearing that the names of the companies involved should
be corrected to read as above.
32 N. L. R. B., No. 40.
183
184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein jointly called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.,
On April 23, 1941, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 3, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. On May 5,1941, the Regional Director issued
a notice of hearing, copies of which were duly served upon the Com-
pany, the A. F. of L., and Local 12231, District 50, United Mine
Workers of America (C. I.0.), herein called the U. M. W.
Pursuant to notice, a hearing was held on May 12, 1941, at Paines-
ville, Ohio, before Harry L. Lodish, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The Company, the U. M. W., and
the A. F. of L., represented by counsel, participated in the hearing and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
At the outset of the hearing the Alkali Employees Federation, Inc., a
labor organization claiming to represent a majority of the employees
of the Company, moved to intervene in the proceedings. The Trial
Examiner denied the motion on the ground that on March 29, 1941, the
Board had ordered the Company to disestablish the Alkali Employees
Federation, Inc., and to withdraw recognition from it? During the
course of the hearing, the Trial Examiner made a number of rulings
on other motions and on objections to the admission of evidence. The
Board has reviewed the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Diamond Alkali Company, a Delaware corporation, is engaged
in the manufacture, sale, and distribution of sodium alkali, soda and
soda crystals, baking soda, chlorine, coke, and artificial gas. The
Standard Portland Cement Company, an Ohio corporation, is a
wholly owned subsidiary of The Diamond Alkali Company and is
engaged in the manufacture, sale, and distribution of cement. The
Buckeye Soda Company, an Ohio corporation, whose operations are
included within those of The Diamond Alkali Company, is engaged
a Matter of The Diamond Alkali Company, etc. and Federal Labor Union No. 22162, etc,
30 N L R. B 700
THE DIAMOND ALKALI COMPANY 185
in the making of baking soda. The Diamond Alkali Company and
The Standard Portland Cement Company operate plants in the
vicinity of Fairport, Ohio.
The Company purchases annually raw materials valued in excess
of $1,000,000 and obtains all such materials outside the State of Ohio.
The Diamond Alkali Company annually manufactures finished prod-
ucts valued in excess of $1,000,000 and it ships approximately 25 per
cent in value of such products outside the State of Ohio. The
Standard Portland Cement Company annually manufactures finished
products valued at approximately $750,000 and it ships approximately
60 per cent in value of such products outside the State of Ohio.
II. THE ORGANIZATIONS INVOLVED
Chemical Workers Federal Labor Union, Local 22162, is a labor
organization affiliated with the American Federation of Labor. It
admits to membership employees of the Company.
Local 12231, District 50, United Mine Workers of America, is
a labor organization affiliated with the Congress of Industrial
Organizations. It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated at the hearing that the Company refuses to
recognize the A. F. of L. as exclusive representative because it does
not believe that the A. F. of L represents a majority of the employees
within the appropriate unit. Both the A. F. of L. and the U. M. W.
have substantial adherence among' the employees in the unit
hereinafter found to be appropriate.3
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
8 There was introduced in evidence at the hearing a statement signed by a Board Field
Examiner , stating that the U . M W. had submitted to him 416 authorization cards, 316
of which were dated between February and June 1941, and 100 , of which were undated,
and that 373 cards bore the apparently genuine signatures of persons on the pay roll
of the Company , the statement recited further that the A F of L. had submitted to the
Field Examiner 800 authorization cards, 1 of which was dated in November 1931, 781
of which were dated between January 1939 and May 1941, and 18 of which were undated,
and that 610 bore the apparently genuine signatures of persons on the pay roll of the
Company The Company employs approximately 1940 persons within the unit hereinafter
found to be appropriate.
186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulated, and we find, that all hourly rated and piece-
work employees of the Company engaged in production and main-
tenance, including timekeepers, plant laboratory employees, and sal-
aried plant laboratory employees who are making less than $125 per
month as of May 12, 1941, but excluding watchmen, all main office
clerical employees, assistant shift foremen, all supervisors rated above
assistant shift foremen, timekeepers in clock houses, and research lab-
oratory and main office laboratory employees, constitute a unit appro-
priate for the purposes of collective bargaining. We find further
that said unit will insure to employees of the Company the full bene-
fit of their right to self-organization and to collective bargaining and
will otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by, and we shall accordingly direct, an
election by secret ballot among the employees who were employed by
the Company during the pay-roll period ending April 15, 1941,4 with
the inclusions and exclusions set forth in the Direction.5
On the basis of the above findings of fact and the entire record in
the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of the Company within the meaning of Section
9 (c) and Section 2 (6)' and (7) of the National Labor Relations Act.
2. All hourly rated and piece-work employees of the Company
engaged in production and maintenance, including timekeepers, plant
laboratory employees, and salaried plant laboratory employees who
are making less than $125 per month as of May 12, 1941, but excluding
watchmen, all main office clerical employees, timekeepers in clock
houses, research laboratory and main office laboratory employees,
4 The parties stipulated at the hearing that the pay-roll date of April 15, 1941, be used
to determine eligibility to vote in the election.
5 At the hearing the U. M W contended that the Board should not direct an election
until the Company had disestablished the Alkali Employees Federation , Inc , in com-
pliance with the order of the Board dated March 30, 1941 ; supra, footnote 2. The
-U. M. W. has since withdrawn its objection to an election on the ground that the Company
has agreed to withdraw recognition from the Alkali Employees Federation, Inc.
THE DIAMOND ALKALI COMPANY 187
assistant shift foremen, and all supervisors rated above assistant shift
foremen, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (c) of the National Labor
Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as'amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to determine representatives'for the purposes of collective bargaining
with The Diamond Alkali Company, The Standard Portland Cement
Company, and The Buckeye Soda Company, Fairport, Ohio, an elec-
tion by secret ballot shall be conducted as early as possible, but not
later than thirty (30) days from the date of this Direction of Election,
under the direction and supervision of the Regional Director for
the Eighth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of said
Rules and Regulations among all hourly rated and piece-work em-
ployees of the Company engaged in production and maintenance dur-
ing the pay-roll period ending April 15, 1941, including timekeepers,
plant laboratory employees, and salaried plant laboratory employees
who are making less than $125 per month as of May 12, 1941, any em-
ployees who did not work during such period because they were ill,
on vacation, temporarily laid off, or in the active military service of
the United States, but excluding timekeepers located in clock houses,
research laboratory and main office laboratory employees, watchmen,
main office clerical employees, assistant shift foremen, all supervisors
rated above assistant shift foremen, and any employees who have
since quit or been discharged for cause, to determine whether they
desire to be represented by Chemical Workers Federal Labor Union,
Local 22162, A. F. of L., or by Local 12231, District 50, United
Mine Workers of America (C. I. 0.), for the purposes of collective
bargaining, or by neither.