Union Carbide and Carbon Corp.

National Labor Relations Board - Board Decisions

Apr 14, 1950

89 N.L.R.B. 460 (N.L.R.B. 1950)

In the Matter of FOSTORIA, OHIO, WORKS OF THE NATIONAL CARBON Di-
VISION, UNION CARBIDE AND CARBON CORPORATION, EMPLOYER' and
LOCAL 749, INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MA-
CHINE WORKERS, CIO, PETITIONER
Case No. 8-RC-628.-Decided April 14,1950
DECISION
AND
DIRECTION OF ELECTION
' . Upon a petition duly filed, a hearing was held before Carroll L.
Martin, hearing. officer. The hearing officer's rulings made at the
.hearing are free from prejudicial error and are hereby affirmed.2
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 Houston, Reynolds, and
Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
1 The Employer' s name appears as amended at the hearing.
2 The hearing officer granted intervention to the United Electrical, Radio and Machine
Workers of America (UE), herein called the UE, and its Local 749 over the objection of
the Petitioner. In support of their motion for intervention , the Intervenors asserted an
interest in this proceeding arising out of a 1942 Board certification, and a contract with
the Employer which had expired without renewal in May 1948. Intervention on these
grounds was properly denied by the hearing officer as both the certification and the contract
interest were stale . See National Carbon Company, Inc., 80 NLRB 831. The Intervenors
further contended that they had obtained approximately 249 signed authorization cards
from the Employer 's employees dated between January and May 1949, but that these cards
were in the possession of the Petitioner and unavailable to the Intervenors. ( It appears
that early in 1949 there was a movement within Local 749 UE to break away from the
parent organization . After the expulsion of the UE from the CIO in November 1949, the
local took steps leading to its present affiliation with the IUE.) At the hearing, the
Intervenors presented current authorization cards signed by 2 of the approximately 531
employees in the proposed unit . Intervention was permitted solely upon the presentation
of these latter cards . At the close of the hearing the Petitioner moved that such interven-
tion be disallowed on the ground , among others , that the Intervenors had not demonstrated
a sufficient interest. This motion was reserved for the Board's ruling . Under the circum-
stances , we are administratively satisfied that the Intervenors have a sufficient interest in
this proceeding to entitle them to intervene, and we shall , therefore, deny the Petitioner's
motion . Cf. Triangle Hosiery Company , Inc., 65 NLRB 69.
89 NLRB No. 63.
460
FOSTORIA , OHIO, WORKS OF THE NATIONAL CARBON DIVISION 461
2. The labor organizations 3 involved claim to represent certain
,employees 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. In accordance with the stipulation of the parties, we find that all
hourly paid employees including all production and maintenance em-
ployees at the Employer's Fostoria, Ohio, Works, excluding all sal-
aried employees, office and clerical employees, bricklayers, watchmen,
guards, professional employees, and supervisors as defined in the Act,
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of 'the Act.
DIRECTION OF ELECTION4
As part of the investigation to ascertain representatives for the pur-
poses 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, under the direction and supervi-
sion 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 payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
3 The Petitioner contends that Local 749-UE is not a labor organization claiming that it
has no members , was never formally organized , and has conducted no union activities. The
hearing officer reserved for the Board 's ruling the Petitioner 's motion based upon the fore-
going contention to disallow intervention by the Intervenors . The Intervenors similarly
contend that Local 749-IUE Is not a labor organization and cast doubt upon its legal
status because it was chartered on November 9, 1949 , whereas the parent organization
was not formally established until a later time in the same month. The record discloses
that both locals are established for the avowed purpose of bargaining collectively in behalf
of the Employer ' s employees with respect to wages , hours , and conditions of employment.
Accordingly , they conform to the definition of a labor organization set forth in Section 2
(5) of the Act . Pittsburgh Limestone Corporation, 77 NLRB 710 . We deem irrelevant
and without merit the arguments raised by the parties regarding the informality with
which these locals were organized and function . The Petitioner 's motion is accordingly
denied.
4 The compliance status of the Petitioner has lapsed since the hearing in this matter.
The Regional Director is herewith instructed to delete the Petitioner from the ballot in the
election directed herein if the Petitioner has not, within 2 weeks from this date , renewed its
compliance with Section 9 (f), (g), and ( h). No election shall be scheduled within the
2-week period allowed until and unless compliance has been determined.
We have directed that Local 749-UE appear on the ballot by itself in accordance with
the request of the Intervenors.
[Due to clerical inadvertence , it was erroneously stated above that the compliance status
of the Petitioner had lapsed . By Order dated May 2, 1950 , the Board accorded the Peti-
tioner a place on the ballot.]
[By Order dated May 9, 1950 , the Board granted Local 749, United Electrical, Radio
and Machine Workers of America (UE), permission to withdraw its name from the ballot.]
462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
during said payroll 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 rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine; whether
or not they desire to be represented, for purposes of collective bargain-
ing, by Local 749, International Union of Electrical, Radio and Ma-
chine Workers, CIO. .