National Carbide Corp.

In the Matter of NATIONAL CARBIDE CORPORATION and INTERNATIONAL ASSOCIATION OF MACHINISTS, INTERNATIONAL CHEMICAL WORKERS UNION, A. F. OF L. Case No. 5-R .t192.Decided April 25, 1946 Mr. William A. Stuart, of Abingdon, Va., and Messrs. F. C. Schrei- ber and T. J. Pope, of Ivanhoe, Va., for the Company. Mr. C. W. Fairfield, of Baltimore, Md., Mr. K. W. Lutz, of Bristol, Va., and Mr. J. S. Sharp, of Ivanhoe, Va., for the IAM. Mr. Roy E. Funderburk, of Cliffside Park, N. J., and Mr. A. J. Bailey, of Ivanhoe, Va., for the Chemical Workers. Messrs. Howard King, Howard Jones, John Sparks, Arthur Mc- Roberts, and M. P. Davidson, of Ivanhoe, Va., for the CIO. Mr. Donald B. Brady, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed jointly by Internationl Association of Machinists, herein called the IAM, and International Chemical Workers Union, A. F. of L., herein called the Chemical Workers, alleging that a question affecting commerce had arisen concerning the representation of employees of National Carbide Corporation, Ivanhoe, Virginia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George L. Weasler, Trial Examiner. The hearing was held at Pulaski, Virginia, on February 26, 1946. The Company, the IAM, the Chemical Workers, and the United Gas, Coke & Chemical Workers of America, CIO, herein called the CIO, appeared and participated. All parties were afforded full oportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the course of the hearing, the CIO moved to dismiss the petition on the grounds that its current contract with the Company is a bar to a determination of representatives. The Trial Examiner referred this motion to the Board. For reasons set forth in Section III, 67 N. L. R B, No. 96 757 758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD zn fra, the motion is denied. 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 I. THE BUSINESS OF THE COMPANY National Carbide Corporation is a Delaware corporation with its principal office in New York City. The Company operates plants in the States of Iowa, Kentucky, Ohio, and Virginia. We are here solely concerned with the Ivanhoe, Virginia, plant. It is engaged in the manufacture of calcium carbide. The principal raw materials used are limestone, coke, coal, and electrodes, which have an annual value in excess of $100,000, of which in excess of 10 percent originates outside the Commonwealth of Virginia. Finished products have an annual-value in excess of $1,500,000, of which in excess of 50 percent is shipped to points outside the Commonwealth of Virginia. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED International Association of Machinists is a labor organization ad- mitting to membership employees of the Company. International Chemical Workers Union is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. United Gas, Coke & Chemical Workers of America is a labor organi- zation, affiliated with the Congress of Industrial Organizations, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant joint recognition to the JAM and the Chemical Workers as the exclusive bargaining representative of the Company's employees at the Ivanhoe plant, until the IAM and Chemical Workers have been certified by the Board in an appropriate unit. On December 20, 1944, following an election which was won by the CIO7' the Company and the CIO entered into a collective bargaining contract effective from January 31, 1945, to January 31, 1946. On October 9, 1945, the Company and the CIO entered into an amended 3 Matter of National Carbide Corporation , 58 N. L. R B. 1430. NATIONAL CARBIDE CORPORATION 759 agreement which provided solely for changes as to wages and rates, and which was also to expire on January 31, 1946. On October 9, 1945, they entered into a new contract, which contract was to become effec- tive upon expiration of the existing contract on January 31, 1946. On November 2, 1945, the IAM and the Chemical Workers requested recognition. The CIO contends that the foregoing contract is a bar to a present determination of representatives. We are of a contrary opinion. As we have stated in prior cases,2 it is the effective date of a contract rather than the date of its execution which is decisive ; the contract must be operative before it can render ineffectual a rival claim to representation. Although the 1946 contract was executed on Oc- tober 9, 1945, it did not become effective until January 31, 1946, after the IAM and the Chemical Workers, on November 2, 1945, had presented their representation claim. Accordingly, we find that the contract constitutes no bar to a present determination of repre- sentatives. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the IAM and the Chemical Workers represent a substantial number of employees in the unit hereinafter found appro- priate.3 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 We find substantially in accord with an agreement of the parties that all production and maintenance employees of the Company at its Ivanhoe, Virginia, plant, including watchmen, but excluding all office and clerical employees and all or any other 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 bar- gaining 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 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. s Matter of S. it S Cone Corporation, 57 N. L R B 260, and cases cited therein. The Field Examiner reported that the IAM and the Chemical workers submitted 95 authorization cards , There are approximately 242 employees in the appropriate unit. The CIO relies on its contract as evidence of its interest herein 760 DECISIONS OF NATIONAL LABOR RELATIONS HOARD 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 Rela- tions 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 National Carbide Corporation, Ivanhoe, Virginia, 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 Fifth 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 employees in the unit found appropriate in Section IV, above, who were em- 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 and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by International Chemical Workers Union, A. F. of L. and International Association of Machinists; or by United Gas, Coke & Chemical Workers of America, CIO,4 for the purposes of collective bargaining, or by neither. CHAIRMAN HF.RZOO took no part in the consideration of the above Decision and Direction of Election. "The Company has questioned the propriety of permitting the IAM and the Chemical Workers jointly to represent a single unit. We find no merit in the Company's objection. The Board has permitted unions to act jointly as a single bargaining representative. We assume, moreover, that the IAM and the Chemical Workers do not contemplate that the Company will be required to bargain on the basis of any unit other than the one herein found appropriate. If these organizations win the election herein directed, they will be certified jointly, and the Company will have the right to insist on dealing with these organizations as the joint representatives of the single production and maintenance unit. Matter of Fairmont Creamery Company, 61 N. L. It, B. 1311 ; Matter of The Mead Corpora- tion, Heald Division, 63 N. L R. B. 1129