General Chemical Co.

In the Matter Of GENERAL CHEMICAL COMPANY and UNITED GAS, COKE & CHEMICAL WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R_5025.-Decided April 1, 1943 Jurisdiction : chemical products maufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to recognize the union until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding office help, supervisors, and watchmen. ` Pitney, Hardin cC Ward by Mr. John R. Hardin and Mr. Frederick A. Frost, of Newark, N. J., for the Company. Mr. Samuel L. Rothbard, of Newark,,N. J., for the Union. Mr. A. Summer Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by United Gas, Coke & Chemi- cal Workers of America, affiliated with the Congress of Industrial Organizations, herein called the Union, alleging that a question affect- ing commerce had arisen concerning the representation of employees of General Chemical Company, Edgewater, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Jack Davis, Trial Ex- aminer. Said hearing was held at Newark, New Jersey, on March 17, 1943. The Company and the Union appeared, participated, 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. 48 N. L. R. B., No. 106., _ 1 923 924 DECISIONS OF NATIONAL LABOR RELATIONS BOAjR,D Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY General Chemical Company,,a New York corporation, has its prin- cipal office in New York City. The only plant concerned in, this pro- ceeding is located at River Road, Edgewater, New Jersey, where the Company is engaged in the manufacture and sale of chemicals. Dur- ing the course of approximately 1 year prior to March 17, 1943, the Company purchased for use at its Edgewater, New Jersey, plant, raw materials of which approximately 50 percent, consisting principally of sulphur amounting to more than 20,000 tons, was obtained from points outside the State of New Jersey. During the same period; the Company shipped from _the State of New Jersey to outside points more than 40,000 tons of finished products, 'rep'resenting in excess of 40 percent of the finished products manufactured, at its Edgewater, New Jersey,'plant. At.the present time, approximately 75percent of the Company's businesss is'devoted' to-war` work. The Company con- cedes that it is engaged in commerce within the meaning of the Na- tional Labor Relations Act. II, THE.ORGANIZATION INVOLVED United Gas, Coke & Chemical Workers of-America, is a labor organi- zation affiliated with the Congress of Industrial Organizations, admit- fing to iiieiiibership employees of the Company. III. THE QUESTION CONCERNING' REPRESENTATION On or about February 15, 1943, the Union requested recognition from the Company for_ the purposes of collective bargaining.,, The Company declined to grant the Union recognition until certified by the Board. A statement off the Regional Director, admitted in evidence at the hearing, indicates that the Union, represents a substantial number of employees in the unit hereinafter found- 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.. 1 The Regional Director reported that the Union had submitted 88 authorization cards and 5 membership application cards, making a total of 93 cards, of which 32 were dated between January 1 and January 31, 1943, 38 dated between February 1 and February 25, 1943, 5 dated in January uuith year unspecified , with 18 undated ; that of the 93 cards, 90 bore the apparently genuine original signatures of persons whose names are on the Company's pay ioll of February 12, 1943, containing the names of 201 employees within the appropriate unit. AGENEIRAL CHEMICAL- COMPANY ;r ' IV. THE APPROPRIATE UNIT 925 The Union contends that the appropriate unit should consist of all, production and maintenance, employees at the Company's Edgewater, New Jersey,, plant, excluding office help, supervisors, and watchmen. The Company agrees with the Ui?`ion's contention except with respect to the watchmen, whom the Company would include within the appropriate unit. While the 12,watchmen employed by the Company are paid on an hourly basis and do not appear to be armed or subject to the direction of any of the armed services, the Union stated at the hearing that it did not desire to represent the watchmen, that it had not attempted to or- ganize watchmen, and that no watchmen were members of its organi- zation. - These employees guard against fire, theft, and intruders, and check passes of employees entering and leaving the plant. We shall exclude the watchmen since they have not been organized and since the only labor organization involved objects to their inclusion. We find that all production and maintenance employees at the Company's Edgewater, New Jersey, plant, excluding office help, su- pervisors, and watchmen, 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 pay-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 General Chemical Company, Edgewater, New Jersey, 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 Second 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 em- 926 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployed 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 those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Gas, Coke & Chemical Workers, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.