Mathieson Alkali Works (Inc.)

In the Matter of MATHIESON ALKALI WORKS (INC.) and UNITED ASSOCIATION OF JOURNEYMEN PLUMBERS AND STEAMFITTERS OF THE UNITED STATES AND CANADA, LOCAL No. 106, AFL In the Matter Of MATIIIEsoN ALKALI WORKS (INC.) and I NTERNA- TIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. 861, AFL In the Matter of MATHIESON ALKALI WORKS (INC.) and INTERNA- TIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUMDERS, WELD- ERS, AND HELPERS OF _^MERICA, LOCAL No. 561, AFL In the Matter Of MATHIEsoN ALKALI WORKS (INC.) and INTERNA- TIONAL ASSOCIATION OF MACHINISTS, DISTRICT NO. 31 C'a.4e•. No. 15 I1-1355,15-K-1365, 15-R-13 6, and 15-R-1374, respec- tively.-Decided April 24, 1946 Mr. H. W. Stull, of New York City, and Mr. G. Allen Kimball, of Lake Charles, La., for the Company. Mr. H. A. Roach, of Lake Charles, La., for the Plumbers. Mr. T. K. Stitzlein, of Lake Charles, La., for the IBEW. Mr. H. V. Smith, of Port Arthur, Tex., for the Boilermakers. Mr. L. E. Prothro, of Beaumont, Tex., for the IAM. Mr. Jack Mantel, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by United Association of Journey- men Plumbers and Steamfitters of the United States and Canada, Local No. 106, AFL, herein called the Plumbers ; by International Brotherhood of Electrical Workers, Local No. 861, AFL, herein called the IBEW; by International Brotherhood of Boilermakers, Iron Shipbuilders, Welders, and Helpers of America, Local No. 561, AFL, herein called the Boilermakers; and by International Association of Machinists, District No. 31, herein called the IAM, and collectively referred to herein as the petitioners, alleging that questions affecting commerce had arisen concerning the representation of employees of 67 N. L. R. B., No. 93. 716 MATHIESON ALKALI WORKS (INC.) 717 Mathieson Alkali Works (Inc.), Lake Charles, Louisiana, herein called the Company, the National Labor Relations Board provided for an appropriate consolidated hearing upon due notice before T. Lowry Whittaker, Trial Examiner. The hearing was held at Lake Charles, Louisiana, between August 24, 1945, and September 18, 1945. The Company and all petitioning unions 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 preju- dicial error and are hereby affirmed. The Company's motion to dis- miss is hereby denied for reasons hereinafter stated. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case,' the Board makes the following: FINDINGS or FACT 1. TILE BUSINESS Or THE COMPANY Mathieson Alkali Works (Inc.), a Virginia corporation, is engaged in the manufacture of industrial chemicals at its plant located in Lake Charles, Louisiana, the only plant involved in this proceeding. The Company also operates 2 other plants at Saltville, Virginia, and Niagara Falls, New York. During the last 12 months preceding the hearing, the Company used raw materials consisting principally of oyster shells, sulphur, salt, natural gas, and ammonia, of -N hich more than 1 percent, but less than 5 percent, was purchased and originated from points outside the State of Louisiana. During the same period, the Company's manufactured chemicals amounted to approximately 175,000 tons, of which more than 50 percent was shipped to points outside the State of Louisiana. During the war period, in excess of 80 percent of the Company's finished products went into war pro- dllction. The Company admits, for the purpose of this proceeding only. that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Association of Journeymen Plumbers and Steamfitters of the United States and Canada, Local No. 106; International Brother- hood of Electrical Workers, Local No. 861; and International Brother- I Although Lake Charles Metal Trades Council, AFL, herein called the ITC, was served with notice of hearing, it did not move to intervene Iloa ever, a representative of the MTC appeared at the hearing as a -^nitness. The Company requested the correction of certain errors in the transcript of testimony. No objections having been filed by any of the parties the record is hereby corrected as requested 718 DECISIONS OF NATIONAL LABOR RELATIONS BOARD hood of Boilermakers, Iron Shipbuilders, Welders, and Helpers of America, Local No. 561, are organizations affiliated with the Amer- ican Federation of Labor, admitting to membership employees of the Company; International Association of Machinists, District No. 31, is a labor orgnulization admitting to membership employees of the Company. 111. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the petitioners as the exclusive bargaining representative of certain of its employees in any of the claimed units. The Company contends that its bargain- ing contract with the MTC i is a bar to this proceeding on the ground that the petitioners are estoppel from asserting a contrary contel>- lion due to their participation, as component members of the MTC, in the bargaining negotiations between the Coiilpany and the MTC. 'The contract, dated May 1, 1945, was executed on May 4, or 5, 1945; it is to expire on April 30, 1946. Inasmuch'as the contract is about to expire, we find that it does not constitute a bar to a present determina- tion of representatives for the purposes of collective bargaining.4 The Company further contends that the, current Appropriations Acts deprives the Board of jurisdiction and power to nullify the ex- isting contract between the Company and the MTC. Inasmuch as the restriction referred to has no application to a representation proceed- ing, we find no merit in this contention.' Statements of the Board's Regional Director, introduced into evi- dence at the hearing, indicate that each of the petitioning unions represents a substantial number of employees in the unit each claims to be 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. ' The contract purports to have been entered into in behalf of the Plumbers , the Boiler- makers , the IBEW , the IAM, and nine other labor organizations which are not involved herein 4 See Matter of Gardner-Denver Company, 65 N L R B 1224 , and cases cited therein 6 National Labor Relations Board Appropriations Act, 1946 approved July 3, 1945, Public Law 124, 79th Congress. 9 See Matter of Humble Oil & Refining Company, 53 N L. It. B 116, and matter cited therein 7 The Regional Director reported that the Plumbers submitted 15 application -for-mem- bership cards and that there are 14 employees within the claimed appropriate unit ; that the IBEW submitted a certified membership list containing 24 names and that there are 21 employees within the claimed appropriate unit , that the Boilermakers submitted 15 authorization cards and that there are 15 employees within the claimed appropriate unit ; and that the IAM submitted 52 authorization cards and that there are 50 employees within the claimed appropriate unit. MATHIESON ALKALI WORKS (INC.) 719 IV. THE _APPROPRIATE,UNITS, THE DETERMINATION OF RF,PRESENT.ATII-ES The Plumbers, the Boilermakers, the IBEW, and the TAM seek Separate bargaining units of craft Inaintcnauce employees engaged in occupations brin:ring them within the jurisdiction of the respective petitioners. The Company denies the appropriateness of the proposed units, contending that the appropriate unit should be plant-wide with- out regard to craft distinction:-. In support of its position, the Com- pany relies primarily on its past bargaining history and argues that separate units would be inimical to its organization, management, and operation of the plant. Although the Company has had a plant-wide bargaining contract with the MTC since February 1944,8 as early as December of that year, the petitioning unions, who are members of the MTC, have attempted to obtain separate craft recognition either as individual unions, or doing their negotiatioDs with the Company as representa- tives of the MTC. The contention of the Company that only a plant-wide unit of production and maintenance employees is appro- priate because of its highly integrated operations is untenable. While the craft maintenance groups herein concerned work throughout the plant area, they perform skilled work of a type distinguishable from that of other production and maintenance employees. The evidence discloses that the units sought by the petitioning unions, except for certain employees hereinafter discussed, are basically craft in charac- ter within the traditional craft jurisdiction of such labor organiza- tions. Inasmuch as the MTC, which represents all the production and maintenance employees, does not object to the proposed creation of separate bargaining units, we are of the opinion that the employees in the units proposed by the petitioning unions may constitute sepa- rate appropriate bargaining units or may remain a part of the existing plant-wide unit." Before making a final determination with respect to the appropriate unit, however, we shall first ascertain the desires of the employees themselves, as reflected in separate elections in the groups represented by the four petitioners. Upon the results of the elections will depend, in part, our determination with respect to the appropriate units. The IBEW would include in its proposed unit two instrument men who are under separate supervision than that of the electricians. These employees repair and install pressure gauges, hydraulic and pneumatic controllers. Although 50 percent of the instruments are "Immediately prior to this date, the Company had a contract with an independent union on a plant-wide basis ° See Matter of Phoenix Manufacturing Company, 64 N L R B 472 . Matter of Johno- Manille Products Corporation , 60 N L R B 293 , Matter of Pacific States Steel Corpora- lion, 57 N L R B, 1084 , Matter of Electro-Mot,Le Diwsion of General Motors Corporation, 53 %; I. R B 1325 720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD electrically operated, the instrument men spend about 8 percent of their time doing electrical work. Inasmuch as their duties are not substantially allied to electricians, We shall exclude the two instru- ment men from the unit. The IAM would include a tool crib girl who works in the machine shop. She spends about 30 minutes a day dointr clerical work, but the rest of the time is spent in checking tools in and out, cleaning them, and placing therm on shelves; because of her common interests with the other employees in the shop, we hall include her. The field mechanics. millwrights, and turbine mechanics sought to be included by the IAM do not perform the usual mnaclnnsts' duties as those per- formed by the machinists nl the machine shop; we shall exclude them from the unit. The Company contends that an election at this time would be a, deprivation of the rights of approximately 80 to 90'employecs who are in the armed forces. Implicit in this contention is the alternative position that all employees in the armed forces should be given an .opportunity to vote-by mail ballot if necessary. We are of the opin- ion that the facts in this case do not differ substantially from tho-e in _Matter° of South Vest Pemmsylr'auia Pipe Livet'0 Accordingly, we shall provide for the mail balloting of employees in the armed forces who fall within the voting groups. The Regional Director shall mall ballots to employees within the appropriate unit on military leave, pro- vided 1 or more of the parties hereto, within seven (7) days after re- ceipt of the Direction of Election, files with the Regional Director a list containing the names, most recent addresses, and work classifica- tions of such employees. The Regional Director shall open and count the ballots cast by mail by employees on military leave, provided that such ballots must be returned to and received by the Regional Office within thirty (30) days from the date they were,lnalled to such em- ployees by the Regional Director." We shall order elections among the employees of the Company within the groups described below, excluding therefrom all supervi- sory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- .ommend such action : "'61 N L It. B. 1384 "_t flee Interchange betiveeu the interested parties of information on the addresses and uc,ik categories of the emplotecs to he voted in mail will be necessary, in order to avoid eh,llcnges ,nil Pout-clef lion objections A totdinvlu, the Board will make available to all iiiteteoted patties 1111 infotin .ttion of Ibis nature furnished it by any other party In the event that the paitiec should send the absentee voters information or hteratute bearing .directly or indirectly on the pending election, copies of all such documents should be slmul- taneonsly filed with the Regional Office for inspection by or transmittal to the other parties, noweicr, acceptance or transutitial of such literature b3 the Board's office ii not to he constinod as ionferting iotuuntti on the filing parts in the eient objccttons ate fitter ti terpnised unuei niug its toil cut 'she u.nai pruicipiet is ill applN MATHIESON ALKALI WORKS (INC.) 721 1. All pipe fitters, pipe fitter welders, and pipe fitter helpers of the Company ; 2. All boilermakers of the Company, including welders, welder and lay-out employees, burners, chippers, caulkers, riveters, and their ap- prentices and helpers who are engaged in the laying out, fabrication, and installation of boilers, towers, tanks, stills, exchangers, hoppers, conveyors, buckets, and other allied operations; 3. All electricians, A-2, B-2, C-1, and C-2, and helpers in the elec- trical maintenance and construction department of the Company, ex- cluding instrument men; 4. All machinists and their apprentices and helpers of the Company, including the tool crib attendant, and welders under the supervision of the machine shop foreman, but excluding field mechanics, mill- wrights, and turbine mechanics. As stated above, there will be no final determination of the appro- priate unit or units pending the results of the elections. The groups that choose the respective petitioning unions as their bargaining rep- resentative will constitute separate and distinct appropriate units; otherwise, they will remain part of the existing unit represented by the MTC. We shall direct that the employees of the Company eligible to vote in the elections shall he those who were employed during the pay-roll period immediately preceding the date of the Direction herein, subject to such limitations and additions as are set forth in the Direction. DIRECTION OF ELECTIONS 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 Relations 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 Mathieson Alkali Works, (Inc.), Lake Charles, Louisiana, separate elections by secret ballot shall be conducted as early as possible, but not later than forty-five (45) days from the date of this Direction, under the direc- tion and supervision of the Regional Director for the Fifteenth Re- gion, 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 those employees who fall within the groups indicated below who were employed during the pay-roll period imme- diately 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 692148-46-vo1 67-47 722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the armed forces of the United States, 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 elections : 1. The employees in the first voting group described in Section IV, above, to determine whether or not they desire to be represented by United Association of Journeymen Plumbers and Steamfitters of the United States and Canada, Local No. 106, AFL, for the purposes of collective bargaining ; 2. The employees in the second voting group described in Section IV, above, to determine whether or not they desire to be represented by International Brotherhood of Boilermakers, Iron Shipbuilders, Welders, and Helpers of America, Local No. 561, AFL, for the pur- poses of collective bargaining; 3. The employees in the third voting group described in Section IV, above, to determine whether or not they desire to be represented by International Brotherhood of Electrical Workers, Local No. 861, AFL, for the purposes of collective bargaining; 4. The employees in the fourth voting group described in Section IV, above, to determine whether or not they desire to be represented by International Association of Machinists. District No. 31, for the purposes of collective bargaining.