Chicago Copper and Chemical Co.

,In the Matter of CHICAGO COPPER AND CHEMICAL COMPANY and TJNrrED GAS,' COKE AND CHEMICAL WORKERS OF AMERICA, LOCAL; 239, C. I. O. Case No. R-.1950.=Decided 'March 17, 1943 Jurisdiction :'chemical manufacturing industry. Investigation and Certification of Representatives : existence of question : refusal to recognize the union until certified by the Board ; year-to-year contract termi- nated by one of the parties, no bar ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding the superintendent, foremen,assistant foremen, and salaried, laboratory,, and clerical employees ; stipulation as to. Mr. W. K. Coolidge, of Blue Island, Ill., for the Company. Mr. Cecil Martin, of Joliet, Ill., and Mr. James B. Blackwell, of Chi- cago, Ill., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION ` STATEMENT OF THE CASE Upon petition duly filed by United Gas, Coke and Chemical Work- ers of America, Local 239, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Chicago Copper and Chemical Company, Blue Island, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert T. Drake, Trial Examiner. ' Said hearing was held at" Chicago, Illinois, on March 2, 1943. The Company and the Union appeared and participated in the hearing.1 All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examin- er's rulings made at the hearing are free from prejudicial error and are hereby affirmed. I Although District 50, United Mine Workers of America, herein called District 50, was served with notice, it did not appear at the hearing and notified the Regional Director that it had no interest in the instant proceeding. 48 N. L. R. B., No. 31. 252 ° CHICAGO . COPPE'R.;AND-,CHEMICA•L- COMPANY,-- - -, 253 Upon ^the entire record in the; case, the Board makes, the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Chicago Copper and Chemical Company is an 'Illinois corporation with its principal place of business at Blue Island, Illinois, where it is engaged in the manufacture of chemicals. During 1942 the Company purchased raw materials valued in excess of $30;000, 95 percent of which was shipped to it from points outside the Slate of Illinois. Dur- ing the same period, the Company manufactured products valued in excess of $100,000, 50 percent of which was shipped to points outside the State of Illinois. II. THE ORGANIZATION INVOLVED United Gas, Coke and Chemical Workers of America , Local 239, is a labor organization affiliated with the Congress of Industrial Organi- zations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On November 23, 1942, the Union requested the Company for ex- clusive recognition. The Company denied this request until such time as the Union is certified by the Board. On July 29, 1941, the Company and District 50 entered into an ex- clusive contract. The contract was for a period of one year and renewable thereafter for yearly periods unless notice to terminate was given by either party thereto 30 days prior to any annual expiration date. The record indicates that District 50 gave such notice under the contract 30 days prior to July 28, 1942. The Company stated that it has had no contract with District 50, since July 28, 1942, and as stated above, District 50 notified the Regional Director that it had no interest in the instant proceeding. Under 'these circumstances, it is apparent that the contract between District 50 and the Company does not constitute a bar to a determination of representatives-at this time. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate? I We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning The • Regional Director reported that the - Union presented 21 membership application cards bearing apparently genuine signatures ` of,persons whose names appear on the Com- pany's pay roll of December 22, 1942. There are approximately 40 employees In the appro- priate unit. ' I - 254 DECISIONS O'F' NATIONAL 'L'ABOR RELATIONS BOARD of Section 9 (c) axid Section (6)',ai%d '(7)'-of the National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all production' and maintenance employees of the Company, excluding the superintendent, foremen, assistant foremen, and salaried, labora- tory, and clerical 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 means of an election by secret ballot among the employees in the appropriate unit who were'employed during the fiay-roll period immediately preceding the date of .the Direction of Election herein, 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 Chicago Copper and Chemical Company, Blue Island, Illinois, 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 Thirteenth 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 immediately preceding the date of this Direction, 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 or not they desire to be represented by United Gas, Coke 'and Chemical Workers of America, Local 239, C., I. O., for the purposes of collective bargaining.