B. F. Goodrich Chemical Co.

In the Matter of B. F. GOODRICH CHEMICAL COMPANY (GEON PLANT), EMPLOYER and LocAL No. 369, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, PETITIONER In the Matter of B. F. GOODRICH CHEMICAL COMPANY (GEON PLANT), EMPLOYER and UNITED RUBBER, CORK, LINOLEUM AND PLASTIC WORK- ERS OF AMERICA, CIO, PETITIONER Cases Nos. 9-R-2501 and 9-R-2633, respectively.Decided January 28, 1948 Mr. H. P. McMath, of Louisville, Ky., and Mr. C. D. Russell, of Akron, Ohio, for the Employer. Mr. J. C. Williams, of Louisville, Ky, for the I. B. E. W. Mr. Edward L. Wertz, of Louisville, Ky., for the C. I. O. Mr. H. A. Hooe, of Louisville, Ky., for the Pipe Fitters. Mr. John E. McKiernan, of Louisville, Ky., for the Wine Workers. DECISION AND DIRECTION OF ELECTIONS Upon petitions duly filed, a hearing in the above-consolidated cases was held at Louisville, Kentucky, May 27, 1947, before Allen Sin- sheimer, Jr., hearing officer. The Employer and the Wine Workers moved to dismiss the instant petitions mainly upon the grounds that a present collective bargaining agreement is a bar to this proceeding and that the units sought herein are not appropriate. For reasons stated herein, the motion is hereby denied. The hearing officer's rul- ings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the,National Labor Relations Board makes the following : FINDINGS OF FACT . I. THE BUSINESS OF THE EMPLOYER B. F. Goodrich Company, a New York corporation, is engaged in various sections of the United States in the manufacture, sale, and 75 N. L. R. B., No. 130. 1142 B. F. GOODRICH CHEMICAL COMPANY 1143 distribution of rubber and related products. Only the Geon Plant, located at Louisville, Kentucky, and operated by B. F. Goodrich Chem- ical Company, one of the Employer's divisions, is involved in this proceeding. At this plant, the Employer is engaged in the manufac- ture of synthetic resin. The Employer purchases annually for use at this plant, raw materials valued in excess of $1,000,000, of which approximately 50 percent is obtained from sources outside the State of Kentucky. The Employer produces annually at this plant, finished goods valued in excess of $1,000,000, of which about 50 percent is shipped to points outside the State of Kentucky. The Employer admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Local No. 369, International Brotherhood of Electrical Workers, herein called the I. B. E. W., is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. United Rubber, Cork, Linoleum and Plastic Workers of America, herein called the C. I. 0., is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. Distillery, Rectifying and Wine Workers International Union of America, Local 72, herein called the Wine Workers, is a labor organi- zation affiliated with the American Federation of Labor, claiming to represent the employees of the Employer. Pipe Fitters Local Union No. 533, herein called the Pipe Fitters, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. M. THE QUESTION CONCERNING REPRESENTATION On November 25, 1946, and March 20, 1947, respectively, the I. B. E. W. and the C. I. O. filed their petitions with respect to the present proceedings. Subsequent to the filing of these petitions, the Em- ployer notified both the I. B. E. W. and the C. I. O. that it would not recognize either organization until certified by the Board in an appropriate unit. The Employer and the Wine Workers contend that their collective bargaining agreement entered into on April 27, 1947, is a bar to this proceeding. Inasmuch as the Employer and the Wine Workers en- tered into the contract in question subsequent to the date of the filing 1144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the petitions by the I. B. E. W. and the C. I. 0., we find that the 1947 agreement does not preclude a present determination of repre- sentatives." We find that a question affecting commerce has arisen concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES The I. B. E. W. seeks a unit of all electrical maintenance employees at the Employer's Geon Plant in Louisville, Kentucky, excluding su- pervisors. The Pipe Fitters seeks a unit of all pipe fitters engaged in the Employer's Geon Plant in Louisville, Kentucky, excluding fore- men. The Employer, the Wine Workers, and the C. I. 0. assert that only a plant-wide unit, including the employees sought by the I. B. E. W. and the Pipe Fitters, is appropriate because of a long bargaining history on this basis 2 The electricians and pipe fitters are part of the Employer's mainte- nance staff, all of whom are under supervision separate from that of the other employees in the plant. Moreover, both the electricians and the pipe fitters each constitute a highly skilled craft groups employed in an industry in which separate craft units of electricians and pipe fitters are frequently encountered' Under these circumstances, we believe that the employees involved in this proceeding also may, if they so desire, constitute separate appropriate units. We shall make no unit determination, pending the outcome of the elections hereinafter directed. If, in this election, the employees select the petitioner, they will be taken to have indicated their desire to con- stitute a separate bargaining unit. We shall direct that the question concerning representation which has arisen be resolved by separate elections by secret ballot among employees within the voting groups described below : 1. All maintenance electricians at the Employer's Geon Plant in Louisville, Kentucky, excluding all supervisors as defined in the Act. 2. All pipe fitters at the Employer's Geon Plant in Louisville, Ken- tucky, excluding foremen and other supervisors as defined in the Act. 1 See Matter of Hawley & Hoops, 72 N. L. R. B. 1431; Matter of Olin Industries, Inc., 67 N. L. R. B. 1043. 2 The Employer and the Wine Workers have bargained for this inclusive unit since 1943. 2 Matter of E. I. du Pont de Nemours and Company, 73 N. L. R. B. 1167; Matter of Turbine Engineering Company, 73 N. L R. B. 163; Matter of Heyden Chemical Corporation, 72 N. L. R. B. 1240 ; Matter of Mid-Continent Petroleum Corporation, 65 N. L. R. B. 109; Matter of Richfield Oil Corporation, 59 N. L. R. B. 1554. 4 Matter of Goodyear Tire and Rubber Company of Kansas, Inc., 65 N. L. R. B. 532; Matter of E. I. du Pont de Nemours and Company ( Grasseili Division ), 65 N. L. R. B. 390; Matter of B. F. Goodrich Company, 59 N. L. R. B. 1477. B. F. GOODRICH CHEMICAL COMPANY 1145 3. All remaining hourly rated production and maintenance em- ployees, including laboratory assistants, warehouse clerks, and truck drivers, but excluding all salaried personnel, i. e., chemists, office and clerical workers, guards, storekeepers, purchasing clerks, and all super- visors as defined in the Act. DIRECTION OF ELECTIONS 5 As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with B. F. Goodrich Company (Geon Plant) Louisville, Kentucky, elections by secret ballot shall be con- ducted 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, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regula- tions-Series 5, among the employees in the voting groups indicated below, and who were employed 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, 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 elections : (1) The employees in the first voting group described in Section IV, above, to determine whether they desire to be represented by Local 369, International Brotherhood of Electrical Workers, AFL, or by Dis- tillery, Rectifying, and Wine Workers International Union of Amer- ica, Local 72, AFL, or by United Rubber, Cork, Linoleum and Plastic Workers of America, CIO, or by none of these organizations; (2) The employees in the second voting group described in Sec- tion IV, above, to determine whether they desire to be represented by Pipe Fitters Local Union, No. 522, AFL, or by Distillery, Rectifying and Wine Workers International Union of America, Local 72, AFL, or by United Rubber, Cork, Linoleum and Plastic Workers of America, CIO, or by none of these organizations; (3) The employees in the third voting group described in Section tion IV, above, to determine whether they desire to be represented by Distillery, Rectifying and Wine Workers International Union of America, Local 72, AFL, or by United Rubber, Cork, Linoleum and Plastic Workers of America, CIO, or by neither. MEMBERS HOUSTON and MURDOCK took no part in the consideration of the above Decision and Direction of Elections. 5 Any participant in the elections herein may, upon his prompt request to and approval thereof by the Regional Director, have its name removed from the ballot.