Victor Chemical Works

National Labor Relations Board - Board Decisions

Jul 29, 1949

85 N.L.R.B. 495 (N.L.R.B. 1949)

In the Matter of VICTOR CHEMICAL WORKS, EMPLOYER and INTER-
NATIONAL CHEMICAL WORKERS UNION, AFL, PETITIONER
Case No. 10-RC-588.Decided July ^09, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Frank E.
Hamilton, Jr., 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 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.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. The Petitioner previously has sought to obtain certification as
the bargaining representative of the Employer's employees in the
unit described below. An election was held under the auspices of
the Board on April 20, 1948. On September 2, 1948, following that
election in which the Petitioner failed to obtain a majority of the
valid votes cast, the Board dismissed its petition.
The Employer moved to dismiss the present petition on the grounds
(1) that Section 9 (c) (3), and collaterally, Section 9 (c) (1) of the
Act,' prohibit an election in the proposed unit earlier than September
2, 1949, and (2) that unfair labor charges filed by the Petitioner are
pending.
Section 9 (c) (3) provides in part:
No election shall be directed in any bargaining unit or any subdivision within which,
in the preceding twelve-month period, a valid election shall have been held.
Section 9 ( c) (1) provides in part:
If the Board finds upon the record of such hearing that such a question of repre-
sentation exists, it shall direct an election by secret ballot and shall certify the
results thereof.
85 N. L. R. B., No. 84.
495
496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the first contention, we have very recently held that a reason-
able construction of Section 9 (c) (3) is that a second election shall
riot be conducted within 12 months from the date of the earlier election
with respect to the same unit of employees.2 In the instant proceeding
more than 1 year has now elapsed since the prior election. With
respect to the second contention, the Petitioner has waived the filing
of any objections to an election in. the present case or to the results of
said election on the basis of any of the issues in the unfair labor practice
case. Accordingly, we find no merit to the Employer's motion to
dismiss and it is hereby denied.
We find a question affecting commerce exists concerning the repre-
sentation of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit:
The Petitioner seeks a unit of all employees employed at the
Employer's plant on Anciote Road, Tarpon Springs, Florida, exclud-
ing office clerical employees, guards, professional employees, and su-
pervisors as defined in the Act. The Employer, though in substantial
agreement as to the composition of the unit, contends that the unit
should be described as "all production and maintenance employees at
the Employer's Tarpon Springs, Florida, plant, but excluding office
and clerical employees, storekeeper and storeroom clerks, office janitors,
first aid man, chemists and analysts, guards, professional employees,
and supervisors as defined in the Act." The parties are in dispute as to
the unit placement of the following employees : 3
Storeroom clerk: The storeroom clerk is an hourly paid employee
whose duties include the issuing and checking in of parts, tools, and
equipment. He physically handles some materials received. He also
maintains a perpetual or running (bin type) inventory. He is under
the direct supervision of the storekeeper. His interests, we find, are
closely allied with those of the plant employees. We shall include him
in the unit.'
Laboratory analyst: Petitioner would include and Employer would
exclude the employee from the proposed unit. The laboratory analyst
analyzes samples of material for their chemical constituents, which
analyses are used for the control of the plant process. He is an hourly
paid employee and works under the supervision of the chief chemist.
Matter of Maflinckrodt Chemical works, 84 N. L. R. B. 291.
8 Both parties agree that the mechanical clerk ( also called the master mechanic ' s clerk)
should be excluded from the unit as an office employee. This employee spends part of his
time in the storeroom where he assists the storeroom clerk . However, it appears from the
record that the bulk of his time is spent at his desk in the master mechanic ' s office.
Here he prepares job estimates and keeps time for the mechanical department , getting
it ready for the signature of the master mechanic. We shall exclude him from the unit.
3 Matter of Byron Jackson Company, 83 N. L. R. B. 1012.
VICTOR CHEMICAL WORKS 497
No special training is required for the job although a high school
education is considered helpful. Approximately 85 percent of the
analytical work is of a routine nature; 15 percent requires the use
of some independent judgment, but all of the work is under close
supervision. The analyst has access to confidential information as to
the quality of ores and finished products, but does not have access,
to information directly governing labor policy. We shall include the
laboratory analyst in the unit.'
O face janitor: Petitioner would include in the unit the office janitor
who performs the normal maintenance duties incident to keeping the
office building clean. Employer contends that he should be excluded
as he cleans offices where confidential information is kept at a time
when no one is present to supervise him. However, it is clear that it
is not part of his duty and responsibility to work with any such in-
formation. He is hourly paid at a rate that compares favorably with
the laborers. Because his duties and interests lie with the plant em,
ployees we shall include him in the unite
Relief foreman: During the absence of the mechanical foreman,.
one of the maintenance mechanics is designated to act in his capacity.
The same employee has been used for this job consistently. His hourly
rate of pay is increased to equal that of the foreman when he acts in
his place. However, he spends "considerably less than 20 percent"
of his working time acting as relief foreman, and even when doing
so cannot effectively recommend the hire or discharge of an employee.
We find that this employee is not a supervisor within the meaning of
the Act, and shall include him in the unit.'
We find that all employees employed at the Employer's plant on
Anciote Road, Tarpon Springs, Florida, including the storeroom
clerk, laboratory analyst, office janitor, and relief foreman, but ex-
cluding mechanical clerk, office clerical employees, guards, profes-
sional employees, and supervisors as defined in the Act, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of 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,
e Hatter of Celanese Corporation of America, 81 N. L. R. B. 1.041 ; Matter of Connaer-
cial Solvents Corporation, 80 N. L. R. B. 277.
"Matter of Sheffield Iron, and Steel Company, 77 N. L. R. B. 998.
Matter of American Win.do,e Glass Companlt, 77 N. L. R. B. 1,030 Matter of The 00o.
Power Company (Canton Division), 80 N. L. R. B. 582.
498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
30 days from the date of this Direction , under the direction and super-
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 immediately preceding the date
of this Direction of Election , including employees 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 re-
instated 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 International Chemical Workers Union, AFL.