E. I. du Pont de Nemours & Co.

In the Matter of E. I. DU PONT DE NEMOURS & COMPANY and UNITED GAS, COKE & CHEMICAL WORKERS 'OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. 4-R-1232.-Decided November 6, 1943 Messrs. E. C. First, Jr., and P. B. Collins, of Wilmington, Del., and Mr. Frank A. Canon, of New Brun§wick, N. J., for the Company. Messrs. Samuel L. Rothbard, Clarence Talisman and David Elliott, of Newark, N. J., for the United. Mr. William R. Cameron, of counsel to the Board. DECISION ' AND ' DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Gas, Coke & Chemical Workers of America, affiliated with the Congress of Industrial Organizations, herein called the United, alleging that a question affecting commerce had arisen concerning the representation of employees of E. I. du Pont de Nemours & Company, New Brunswick, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Eugene M.'Purver, Trial Examiner. Said hearing was held at New Brunswick, New'Jersey, on October 14, 1943. The Company and the United appeared, par- ticipated, 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. All parties were afforded opportunity to file briefs with the Board. 'Upon the entire record in the case, the'Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF ,THE COMPANY E. I. du Pont de Nemours & Company, a Delaware corporation, is engaged in the manufacture of general chemical and allied products. 553 N. L. R. B., No. 82. 473 474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We are here concerned with the Company's plant at New Brunswick, New Jersey, where it is engaged in the production of photographic and fine chemicals, vitamins, perfume bases, and poultry glass. The Com- pany's purchases of raw materials, consisting of chemicals, which are shipped to its New Brunswick plant from points outside. the State of New Jersey. amount in value to more than $70,000 per month, which is more than 50 percent in value of the total raw materials used. Finished products amounting in value to more than $100,000 per month, which is more than 50 percent in value of the total products manufactured, are shipped to points outside the State of New Jersey. We find that the Company is engaged i i commerce within the meaning of the National Labor Relation's Act. II. THE ORGANIZATION INVOLVED United Gas, Coke and Chemical Workers of America is a labor or- ganization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The United claims to represent a majority of the Company's em- ployees within the unit which it considers to be appropriate, and has requested recognition as the collective bargaining representative. The Company declines to recognize the United as such representative, asserting that the unit sought by the United is not appropriate, and has referred the United to the Board. A statement of the Regional Director, introduced in evidence at the hearing, indicates that the United represents a substantial number of employees in the unit hereinafter found to be appropr'iate.l 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 The Company and the United agree that the appropriate unit com- prises all production and maintenance employees, excluding super- visory employees of the rank of foreman and above, militarized plant guards, and office and clerical employees. The Company, however, ' The Regional Director reported that the United had submitted 140 membership cards, of which 123 appeared to bear the genuine original signatures of persons whose names are on the Company's pay roll of September 4, 1943, containing the names of 196 em- ployees in the unit claimed by the United to be appropriate . Of the 123 cards, 7 were undated, 1 was dated in September, and the others in July and August 1943. t. T. DU PONT DE NE'lt16UR8 & COMPANY 475 5eieks also to include laboratory assistants iihd helpers,2 and laboratory and office janitors. The United contends that these employees should be excluded. The Company bases its contention for inclusion of the'laboratbry assistants and helpers on the fact that they are employees with'ont special technical training who are engaged in performing routine tests, under supervision, fo'r' control of the quality of the Company's products. They receive substantially the same rates of pay as pro- d'uction employees 'of similar grade. The record discloses, however, that the laboratories in which they work are located in a separate building, h'ou'sing also certain of the Company's offices, apart from the hiodiiction areas of the plant. No labor organization is here seeking t'o'repre`sent We laboratory employees, and it appears that the United does not admit them to membership. They are, however, eligible to membership in another affiliate of the C. I. O. Au independent union, which was the direct predecessor of the United likewise did not admit lie laboratory employees 'to membership, nor did it include them in its negotiations with the Compaiiy and in the presentation of griev- ances. in view of the foregoing , we shall exclude the laboratory ` assist`ant"s and helpers. ' tThe rec'or`d disclosed that there are several janitors who either work in or about the laboratories or within the buildings in which the Com- pany's'Aces and labora'tor'ies are located. Their interests do not appear'to be sufficiently allied with those of employees who work in the p"roductioh areas o the plant to warrant their inclusion with the latter group; we shall 'therefore exclude the laboratory and office janitors. The Company and the United stipulated that all employees below the 'ank of foreman, such as assistant foremen and working foremen, are on an hourly pay rol], perform manual labor, and have no super- visbi'yduties within 'the customary definition. It was further stipu- lated, lVO ever, that in the absence of foremen some supervisory Bowers are occasionally exercised by assistant foremen. Inasmuch its the record does not indicate the nature or extent of the supe'ryisory ,powers so exercised by assistant foremen, and does not clearly iuidi- c'ate whether 'jvorking foremen may not sometimes be possessed of such authority, we shall exclude or include assistant foremen and working foremen depending upon whether they fit the definition of suj)e"rviso'ry employees hereinafter set forth. We find 'that 'all production and maintenance employees of the Com- pany at its New Brunswick, New Jersey, plant, excluding office and clerical employees, laboratory employees, laboratory and office janitors, militarized plant guards, supervisory employees of the rank of fore- 2 Company also employs in its laborato,ies certain chemists, chemists' assistants, physicists and biologistg , who, because of their advanced technical training and the nature of their duties , are by agreement excluded. 476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD' man, and above, and all other supervisory employees with authority to hire, promote, discharge, discipline; or, otherwise effect changes in the status of employees, or effectively recommend such,action,- con- stitute 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 an election'by secret ballot among the em- ployees 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. DIREC'T'ION OF ELECTION By virtue'of and pursuant to the power vested ii 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 Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertainrepresenta- tives for the purposes of collective ,bargaining with E.' I. du Pont de Nemours & Company, New Brunswick, New'Jersey, all' 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 Fourtli Region, act- ing in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regu- lations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll pei'iod 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 dr 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 and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Uniied'Gas, Coke & Chemical Workers of America, affiliated with the Congress of Industrial Organizations, 'for the purpose of collective bargaining.