Monsanto Chemical Co.

In the Matter Of MONSANTO CHEMICAL COMPANY and UNITED GAS, COKE AND CHEMICAL WORKERS OF AMERICA, CIO and INTERNATIONAL ASSOCIATION OF MACHINISTS , DISTRICT No. 9 and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-309, AFL and UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL 169, AFL and UNITED ASSOCIATION OF PLUMBERS AND STEAM- FITTERS, LOCAL 649, AFL Cases Xos. 14-R-1323, 14-R-1346, 14-R-1369, 14-R-1370, and 14-R-1371, respectively.Decided April 17, 1946 Mr. Charles E. Caspari, Jr., of St. Louis, Mo., and Mr. Paul M. Tompkins, of Monsanto, Ill., for the Company. Messrs. Victor B. Harris, Joseph Appelbaum , and William Wynn, all of St. Louis, Mo., for the CIO. Mr. W. C. Riley, of St. Louis, Mo., and Mr. Carl Huhndorff, of Washington, D. C., for the Machinists. Mr. George Viner, of East St. Louis, Ill., and Mr. Arthur Pointon, of Belleville, Ill., for the Electricians. Messrs. Ralph A. Mease and Al G°oce, both of East St. Louis, Ill., for the Carpenters. Messrs. J. D. Gray and Fred Davis, both of East St. Louis, Ill., for the Steamfitters. Mr. H. J. Paar, of Waterloo, Iowa, and Mr. Wiley Smith, of Dupo, Ill., for the Chemical Workers. Mr. Warren H. Leland, of counsel to the Board. DECISION DIRECTION OF ELECTION AND ORDER STATEMENT OF THE CASE Upon petitions duly filed by United Gas, Coke and Chemical Work- ers of America, CIO, herein called the CIO ; International Association of Machinists, District No. 9, herein called the Machinists ; Interna- tional Brotherhood of Electrical Workers, Local B-309, AFL, herein called the Electricians; United Brotherhood of Carpenters and 67 N. L. R. B., No. 63. 476 MONSANTO CHEMICAL COMPANY 477 Joiners of America, Local 169, AFL, herein called the Carpenters; and United Association of Plumbers and Steamfitters, Local 649, AFL, herein called the Steamfitters, alleging that questions affecting com- merce had arisen concerning the representation of employees of Mon- santo Chemical Company, Monsanto, Illinois, herein called the Com- pany, the National Labor Relations Board provided for a consolidated hearing upon due notice before Keith W. Blinn, Trial Examiner. The hearing was held at St. Louis, Missouri, on February 19 and 20, 1946. The Company, the CIO, the Machinists, the Electricians, the Carpenters, the Steamfitters, and the International Chemical Workers Union, Local No. 12, AFL, herein called the Chemical Workers, ap- peared and participated.' 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 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 : FINDING,-, OF FACT 1. THE BUSINESS OF THE COMPANY Monsanto Chemical Company, a Delaware corporation, is engaged in the manufacture of heavy chemicals, organic chemicals, and inter- mediates. The Company operates about 17 plants throughout 13 States of the United States. This proceeding is concerned solely with the Company's Plant "B", located at Monsanto, Illinois. During the year 1945, the Company purchased raw materials for Plant "B", consisting of sulphur, phosphate, benzol and salt, valued in excess of $1,000,000, of which more than 75 percent was purchased and shipped from points outside the State of Illinois. During the same period. the Company sold products finished at Plant "B", valued in excess of $1,000,000, of which more than 75 percent was sold and shipped to points outside the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Gas, Coke and Chemical Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. International Association of Machinists, District No. 9, is a labor organization admitting to membership employees of the Company. 1 The Trial Examiner granted the Chemical workers' motion to intervene 478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Brotherhood of Electrical Workers, Local B-309; United Brotherhood of Carpenters and Joiners of America, Local 169; United Association of Plumbers and Steamfitters, Local 649; and In- ternational Chemical Workers Union, Local No. 12, are labor organi- zations affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to any of the pe- titioning unions as exclusive bargaining representative until certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that each of the petitioning unions represents a substantial number of employees in the unit it alleges to be appropriate.2 We find, insofar as the CIO's petition is concerned, 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.8 IV. THE APPROPRIATE UNIT The Company, the CIO, and the Chemical Workers contend that all hourly paid employees at the Company's Plant "B", excluding the police force, constitute an appropriate unit for the purposes of collective bargaining. However, the Machinists, the Electricians, the Carpenters, and the Steamfitters seek, in substance, units comprised of employees of their respective crafts. The Chemical Workers 4 has bargained with the Company for Plant `B"'s hourly paid employees from 1933 until the present time. 2 The Field Examiner reported that the CIO submitted authorization cards bearing the names of 687 employees listed on the Company 's pay roll of October 31, 1945. There are approximately 1127 employees in the plant-wide unit sought by the CIO. The Machinists submitted authorization cards bearing the names of 19 employees listed on the Company's pay roll of January 8, 1946. There are approximately 43 employees within the craft unit sought by the Machinists. The Electricians submitted authorization cards bearing the names of 16 employees listed on the Company 's pay roll of January 8, 1946. There are approximately 22 employees within the craft unit sought by the Electricians. The Carpenters submitted authorization cards bearing the names of 11 employees listed on the Company 's pay roll of January 8, 1946 There are approximately 14 employees within the craft unit sought by the Carpenters. The Steamfitters submitted authorization cards bearing the names of 41 employees listed on the Company's pay roll of January 8, 1946 . There are approximately 67 employees within the craft unit sought by the Steamfitters. The Chemical Workers apparently relies upon an existing contract with the Company, not raised as a bar, as proof of its interest in this proceeding. 8 As hereinafter indicated , the units sought by the other petitioning unions are inap- propriate and their petitions are accordingly dismissed. 4 And its predecessor, Chemical Workers, Local 20032, AFL, a "Federal Labor Union." MONSANTO CHEMICAL COMPANY 479 Since 1937 such bargaining has been conducted pursuant to agree- ments between the Company and the Chemical Workers. In April 1945, the Electricians, the Carpenters, and the Steamfitters filed a single petition requesting three craft units-' and the Regional Di- rector refused to issue a notice of hearing. In August 1945, these three unions struck for recognition. Following a settlement of the strike, representatives of the three unions were permitted to partici- pate in wage negotiations and the presentation of grievances within the framework of the existing contract between the Chemical Work- ers and the Company. The present petitions were filed by these three unions and the Machinists in the latter part of 1945. The four craft petitioners urge that the employees they seek fall into identifiable and homogeneous groups; that there is no inter- change between these employees and others; and that these employees are separately supervised. We deem it significant, however, that not until after 12 years of collective bargaining on a plant-wide basis did the employees sought by the craft petitioners attempt to secure separate representation. Since 1937 they were covered by the con- tracts between the Chemical Workers and the Company. During all this time they apparently acquiesced in the plant-wide unit. Indeed, i t does not appear that they were organized by the craft petitioners until January 1945. Consequently, we find upon the basis of the history of collective bargaining that the craft units sought are in- appropriate, and that a plant-wide unit is proper for collective bar- gaining purposes e We shall, therefore, dismiss the petitions filed by the four craft petitioners. We find that all hourly paid employees at the Company's Plant "B", located at Monsanto, Illinois, excluding the police force and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. v. TI IF, DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among 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. 5 The Machinists did not file a petition at that time. 6 See Matter of American Car it Foundry Co., 51 N L R B 1416; Matter of The Proctor and Gamble Manufacturing Company, 52 N. L. R. B. 661 , Matter of Doehler Die Casting Company , 58 N L. R. B 166 480 DECISIONS 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Monsanto Chem- ical Company, Monsanto, Illinois, au 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 Fourteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among em- ployees 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 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 and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by United Gas, Coke and Chemical Workers of America, CIO, or by International Chem- ical Workers Union, Local No. 12, AFL, for the purposes of collective bargaining, or by neither. ORDER Upon the basis of the foregoing findings of fact and upon the entire record, it is hereby ordered that the petitions for investigation and certification of representatives of employees of Monsanto Chemical Company, Monsanto, Illinois, filed by International Association of Machinists, District No. 9 (Case No. 14-R-1346) ; International Brotherhood of Electrical Workers, Local B-309, AFL (Case No. 14-R-1369) ; United Brotherhood of Carpenters and Joiners of America, Local No. 169, AFL (Case No. 14-R-1370) ; and United Association of Plumbers and Steamfitters, Local 649, AFL (Case No. 14-R-1371), be, and they hereby are, dismissed. CHAIRMAN IIERZOG took no part in the consideration of the above Decision, Direction of Election, and Order.