Westvaco Chlorine Products Corp.

National Labor Relations Board - Board Decisions

Mar 31, 1943

48 N.L.R.B. 919 (N.L.R.B. 1943)

In the Matter Of WESTVACO CHLORINE PRODUCTS CORPORATION AND MAG-
NESOL CORPORATION and DISTRICT 50, UNITED MINE WORKERS OF
AMERICA
In the Matter Of WESTVACO CHLORINE PRODUCTS CORPORATION AND MAO-
NESOL CORPORATION and ASSOCIATION OF CHEMICAL EMPLOYEES, SOUTH
CHARLESTON , WEST VIRGINIA , PLANT OF WESTVACO CHLORINE PROD-
UCTS CORPORATION
Cases Nos . RD029 and R-5030 respectively .Decided March 31,
1943
Jurisdiction : chemical products manufacturing industry.
Investigation and Certification of Representatives : existence of question : fail-
ure to answer union's letter requesting recognition ; eligibility to be determined
in accordance with desires of the parties ; election necessary.
Unit Appropriate for Collective Bargaining : hourly paid employees of the com-
panies-a parent and its subsidiary-at their South Charleston, `Vest Virginia,
plants, with specified inclusions and exclusions ; stipulation as to.
Koontz & Koontz, by Mr. J. Campbell Palmer III, of Charleston,
W. Va., for the Company.
Mr. John Mayo, of Charleston, W. Va., for District 50.-
Messrs. M. E. Boiarsky and Philip Angel, of Charleston, W. Va.,
for the Independent.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petitions severally filed by District 50, United Mine Workers
of America, herein called District 50, and the Association of Chemical
Employees, South Charleston, West Virginia, Plant of Westvaco
Chlorine Products Corporation, herein called the Independent, alleg-
ing that questions affecting commerce had arisen concerning the rep-
resentation of employees of Westvaco Chlorine Products Corpora-
48 N. L It. B., No. 105.
919
920 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion and Magnesol Corporation ,' both of -South Charleston , West Vir-
ginia, the National Labor Relations Board provided for an appropri-
ate consolidated hearing upon due notice before William I. Shooer,
Trial Examiner . Said hearing was held at Charleston , West Virginia,
on March 18, 1943. The Company, District 50, and the -Independent
appeared-, participated , and were afforded full opportunity- to be
heard, to examine and cross -examine witnesses , and to introduce evi-
dence bearing on the issues . The Trial Examiner 's rulings made at
the hearing are 'free from prejudicial error and are'hereby affirmed.
Upon the entire record in the case; the Board makes the following;
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Westvaco Chlorine Products Corporation, a Delaware corporation,
has its principal office in New York City, offices and plants in -various
other cities in;which it does business. We are here concerned with its
plant'in South Charleston, West Virginia, where 'it is engaged' in the
manufacture and sale of chlorine products. Over 60 percent of the raw
materials used-at the plant is obtained from points outside the State
of West Virginia, and upwards-of 60 percent of the finished products
is shipped to places outside the State of West Virginia. The Magnesol
Corporation,`a West Virginia`corporation,•is a subsidiary of Westvaco
Chlorine Products Corporation, and has an.office and plant in South-
Charleston, West'Virginia. It is engaged in-the manufacture and sale
of chemical products.' Over 60 percent of the raw materials is obtained
without the State of West Virginia, and upwards of 60 percent of the
finished products. -is , shipped to places outside the State of West
Virginia.
II. THE ORGANIZATIONS INVOLVED
District 50, United MinerWorkers of America, is a labor organiza-
tion admitting to membership employees of the Company.
Association of Chemical Employees, South Charleston, West Vir-
ginia, Plant of the Westvaco Chlorine Products Corporation is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In February 1943,'District 50 and the 'Independent each requested
the Company to recognize'it as the bargaining agent'of the employees
i Upon motion granted at the bearing without objection , the petitions were- amended
to include Magnesol Corporation as an employer Magnesol Corporation appeared and
participated in the hearing, and the two companies are hereinafter referred to as the
Company.
=WESTVACO CHLORINE PRODUCTS- CORPORATION', , , 921,
here involved. The Company did not choose to answer either request
directly.. However, in a communication dated February 23, 1943,
addressed to the'Ciricinnati Regional Office, the Company informed the
Regional Director of the requests and stated its position to be that it
had "no atitiide in the matter other than one of strict compliance
with the law."
Statements of the Field Examiner, introduced in evidence 'at the`
hearing, indicate that District 50 and the Independent eacli'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 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement and stipulation of the
parties, that the following constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section '9 (b)
of the Act : '
All hourly paid employees of.the Westvaco Chlorine Products Cor-
poration and Magnesol Corporation at their South Charleston, West
Virginia, plants, including, firemen and oilers, but excluding guards
and, all salaried personnel, that is, office and clerical employees,, su-
pervisors; foremen, laboratory technicians, and those who have the
right to hire and-discharge.-
THE DETERMINATION OF REPRESENTATIVESV.
The parties stipulated that eligibility to vote be determined by
reference to the pay roll for the period ending March 6, 1943. Since
this pay_ roll is sufficiently current and since no reason appears for
departing from the agreement of the parties, we shall direct that the
question concerning representation which has arisen be resolved by
an election by secret ballot among the employees in the appropriate
unit who were employed during the pay-roll period ending March 6,
1943, subject to the limitations and additions set forth in the Direction.
'The Field Examiner reported that District 50 had submitted 480 signed membership
applications , of which 413 appeared to contain the genuine original signatures of persons
whose names appeared on the Company 's current pay roll , containing the names of 866
persons in the unit claimed appropriate . Of the cards corresponding to the names on the
pay roll, 3 were undated and the balance dated between July of 1941 and March of 1943,
the bulk of them being between November of 1942 and February of 1943. The Field
Examiner further reported that the Independent had submitted 464 signed cards, of which
413 appeared to contain the genuine original signatures of persons whose names appeared
on the foregoing pay roll . Of the cards corresponding to the names on the pay roll, 1 was
undated and the balance were dated in January and February of 1943.
922 DECISION'S OF NATIONAL LABOR RELATIONS. BOARD
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 representa-
tives for the purposes of collective bargaining with Westvaco Chlorine
Products Corporation and Magnesol Corporation, South Charleston,
West Virginia, 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, under the direction and supervision of the Regional Director
for the Ninth 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 the employees in the unit found
appropriate in Section IV, above, who were employed during the pay-
roll period ending March 6, 1943, including any such 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 they desire to be represented by District
50, United Mine Workers of America, or by Association of Chemical
Employees, South Charleston, West Virginia, Plant of Westvaco
Chlorine Products Corporation, for the purposes of collective
bargaining, or by neither..