Union Carbide and Carbon Corp.

National Labor Relations Board - Board Decisions

Jan 14, 1943

46 N.L.R.B. 1107 (N.L.R.B. 1943)

In the Matter of UNION CARBIDE AND CARBON CORPORATION, UNION
CARBIDE DIVISION and DISTRICT 50, UNITED MINE WORKERS OF
AMERICA r
.,Case No. R-4660.-Decided January 14,.1943
Jurisdiction : calcium carbide manufacturing industry.
Investigation and Certification of 'Repre sentatives : existence of question:
- refusal to accord recognition without Board certification; election necessary.
Unit Appropriate for Collective Bargaining : all timekeepers, production clerks,
and gatemen, exJudnig assistant storekeeper, storeroom clerk, storeroom
attendant, and supervisory and main office employees held appropriate, when
they constituted a cohesive group whose work was distinguishable from other
employees whom sole union desired to include and when union had already
been recognized as,the exclusive representative for these latter employees.
Mr. Clarence L. Sager, of New York City, for the Company.
Mr. Gilbert S. Jones, of Sault Ste. Marie, Mich., for the Union.
Miss Melvern R. Krelowv, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon amended .petition -duly filed by District 50," United Mine
Workers of America, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Union Carbide and Carbon Corporation, Union Carbide
Division, Sault Ste. Marie, Michigan, herein called the Company,
the National Labor Relations Board provided for an -appropriate
hearing upon due notice before Clarence A. Meter, Trial 'Examiner.
Said hearing was held at Sault Ste. Marie, Michigan, on December
11 and 12, 1942. The Company and the Union appeared, partici-
pated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues.. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Atthe Iiearipg'the' Company made a motion to dismiss the petition
on the grounds inter alia that the Board will not- entertain a change
46 N. L . R. B., No. 129.
1107
1108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in unit within a period of 12 months following a certification ; that
the collective bargaining contract between the Company and the
Union, which was executed on July 10, 1942, for a period of 1 year
should be a bar to a determination of representatives, and that the
employees involved herein do not properly belong in a unit of produc-
tion and maintenance employees. For reasons hereinafter set forth
the motion is hereby denied. At the hearing the Union made a motion
that in the event the Board finds the unit requested by it in its amended
petition inappropriate that the Board direct an election among the
production clerks, storeroom clerk, assistant storekeeper, timekeepers,
and gatemen For reasons hereinafter set forth, the Union's motion
is hereby granted.
On December 19 and 23. 1942, ° the' Union and the Company filed
briefs, respectively, which the Board has considered.
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Union Carbide and Carbon Corporation is a New York corporation
engaged in the manufacture of calcium carbide. It operates a plant
at Sault Ste. Marie, Michigan, known as the Union Carbide Division,
which is the only plant involved herein. The Company purchases
raw materials annually valued at approximately $500,000, of which
approximately 80 percent is shipped to the plant from points outside
'the State of Michigan. The', Company manufactures finished,prod-
ucts annually valued at approximately $1,000,000, of which approxi-
mately 90 percent is shipped from the plant to points outside the State
of Michigan. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America is a' labor organization
admitting.to membership employees of the Company.
I On Sentember 8, 1942, the Union filed a petition requesting "all production and store-
room clerks , timekeepers , gatemen , and first-aid assistants, exclusive of supervisory and
main office employees" as the appropriate unit At the hearing the Union contended that
the assistant storekeeper should be included in the unit Further at the hearing, it
appeared that there are no first -aid assistants on the Company 's pay roll , such work
being done by the gatemen when the hospital attendant is not on duty.
On October 13. 1942 , the Union filed an amended petition setting forth the appropriate
unit as "all hourly pay -roll employees of the Company at its Sault Ste. Marie, Michigan,
plant , including production and maintenance , guards , patrolmen , production and storeroom
clerks, tinrjkeepers , gatehousernen . and first-aid , assistants , exclusive of superyisory anft
magi office employees: ',. ' ''
C
UNION CARBIDE AND CARBON CORPORATION
III. THE QUESTION CONCERNING REPRESENTATION
1109
The Union notified the Company that it represented a majority of
the employees in the unit it claimed appropriate, and requested recog-
nition as the exclusive bargaining representative for such employees:
The Company refused unless and until the Union is certified by the
Board.
A report prepared by the Regional Director, and introduced in evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate?
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9'(6) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
As heretofore stated, the Union set -forth in its amended petition a
unit consisting of all hourly pay-roll' employees of the Company at
its Sault Ste. Marie, Michigan, plant, including production and main-
tenance employees, guards, patrolmen, production and storeroom
clerks, timekeepers, gatemen, and first-aid assistants, exclusive of
supervisory and main office employees.
On March 9, 1942, the Union filed a petition which resulted on
March 21, 1942, in an agreement for a consent election setting forth
the unit as "all production and maintenance employees on the hourly
pay roll of the Company at its Sault Ste. Marie, Michigan, plant, ex-
clusive of executives, office and clerical employees, foremen, assistant
foremen and other supervisors, timekeepers, gatemen, watchmen,
patrolmen, first-aid assistants, and longshoremen." Pursuant to the
consent election agreement, a consent election was held on March 27,
1942, which election the Union won.
On July 10, 1942, the Company and the Union entered into a col-
lective bargaining -agreement covering the employees in the unit set
forth in the consent election agreement. This contract was for 1 year
to continue from year to year thereafter, unless either party notified
the other in writing not less than 30 days prior to the expiration
date. This contract is still in full force and effect.
On July 27, 1942, the Union filed a' petition for a unit consisting of
all guards . On August 22, 1942, the Company and the Union, entered
into an agreement for a cross-check. The unit was described as all
guards or patrolmen employed, at the Sault Ste. Marie, Michigan,
2 The Regional ' Director reported that the Union presented 16 designations bearing
apparently genuine signatures . Of the 16 designations presented ,' 13, dated in July
and August 1942, bear the names of persons whose names appear on the Company's
pay roll of November 28, 1942. Said pay-roll lists the names of 18 persons within the unit:
1110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant, excluding those in, supervisory positions. The agreement con-
tained a provision that if a majority of the employees chose the Union
as its bargaining, representative, that.the then, existing collective, bar-
gaining contract would be amended to include such guards or patrol-
men as part of the unit covered by said agreement.3 On August 20,
1942, the Regional Director conducted a cross-check and the Union
was found to have been designated by all guards. There is, therefore,
no dispute as to the Union's status as the exclusive representative of
those employees covered by its collective bargaining contract with
the Company.
The duties of the employees involved herein are as follows :
"Timekeepers distribute and allocate on the daily distribution sheets
the number of hours that each production employee works on each
different operation. These sheets are signed by the foreman of the
department and are turned into the main office.
Production clerks transfer the employees' time from the cards-to
distribution sheets of the respective' departments. This work is sim-
ilar to the timekeepers' work. In addition, they make out the depart-
ment production reports, prepare reports showing the efficiency of
the various pieces of apparatus in the departments, keep cost books
for the foremen, and accept telephone 'calls for the foremen, acting
more or less as secretaries to the foremen.
Gatemen gather the time cards from shifts coming in and figure
the hours of each employee according to the hourly rates and record
the hours on the pay roll. They telephone coal orders to the dif-
ferent coal- companies; work on the timekeeping sheets for the service,
office and stores departments; route all incoming telegrams; enter'
reports from the watchmen who call in; collect passes at the gates;
work in the hospital in the hospital attendant's absence; keep weekly
records on, cards of employees' earnings; and on Saturdays close out
the pay roll and total the hours for the employees.
It appears,' therefore, that the work of these employees, which is
substantially similar, is clearly distinguishable from the, work of the
other employees of the Company engaged in production and main-
tenance. Under the circumstances, we conclude that they constitute
an appropriate bargaining unit.4
8 This does not conflict with our policy of excluding gunids of patrolmen fiom a general
production and maintenance unit, since the inclusion of the guards in the production and
maintenance unit was not as a iesult of a determination by the Boaid, but rather as a
result of an agreement between the Company and the Union (a Matter of Westinghouse
Electric , f Manufacturinq Company andLocali_107.,;^Unitrd , Ele^ti cal, Radio & Machine
Worl.ers of America, CIO, 45 N. L . R B. 826; Matter of Automobile Products Com-
pany and International Union , United Automobile Woi kern of Amei tca, Local 736 (AFL),
40 N. L R B 941 ; and Matter of U. 8 Electrical Motors, Inc and United Electrical,
Radio & Machine Workers of America, Local 1421, CIO, 45 N. L. R B 298.
* As previously stated in the text , the Company contended that the collective bargaining
contract should be a bar to a determination of representatives , and that in accordance with
UNION CARBIDE AND CARBON- CORPORATION • 1111
Although the Union requested the inclusion of the storeroom `clerk
in, its petition, at the hearing it stated that the storeroom clerk and
attendant were both included in the bargaining.unit now covered by
the 'collective bargaining -contract. We shall, therefore, exclude the
storeroom clerk and attendant from the unit.
The Union contends that the assistant storekeeper should be in-
cluded in the unit, and the Company urges his exclusion on the ground
that he is a supervisory employee. This-employee has the responsibil-
ity-of receiving and dispatching material, and of receiving the -cash
on sales made in the storeroom. He is also responsible for ordering
material through the card file system by means of which the plant
stock is maintained. During the storekeeper's absence from the store-
room, which is approximately 50 percent of the time, he is in charge of
the storeroom. He does not have the authority to hire or discharge,
although he submits reports on the employees in the storeroom., We
conclude that the -duties- of the assistant storekeeper are of a suffi-
ciently supervisory nature as to warrant his exclusion from the unit.
We find that all timekeepers, production clerks, and gatemen, ex-
cluding the assistant storekeeper, the storeroom clerk, the storeroom
attendant, and supervisory and main office employees, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion, subject to the limitations and additions set forth in the Direction.
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations 'Series 2, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for-the: purposes, of collective bargaining with Union Carbide -
and Carbon Corporation, Union Carbide Division, Sault Ste. Marie,
Board policy, the Boai d should not entertain a change in unit within a period of less
than 12 months following a certification We find this contention to be without merit.
Our finding does not enlarge or change in any respect the unit already covered by the
Contract.
1112 DECISIONS OF NATIONAL 'LABOR RELATIONS 'BOARD
Michigan, an election 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 Re-
gional Director for the Twelfth 'Region; acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
Section 10, of said Rules and Regulations, among all employees 'of
the Company in the unit found appropriate in Section IV, 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, and including employees in' the armed forces of the United
States who present themselves in person at the polls, but excluding
any who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by District 50, United
Mine Workers of America, for the purposes of collective bargaining.