Crossett Chemical Co.

In the Matter Of CROSSETT CHEMICAL COMPANY, EMPLOYER and INTER- NATIONAL WOODWORKERS OF AMERICA, CIO, PETITIONER Case No. 1.5-R-1768.-Decided October 28, 1946 Messrs. Paul Sullins, R. P. Meredith, E. M Godat, and George Al- corn, all of Crossett, Ark., for the Employer. Mr. Walter H. Harris, of Little Rock, Ark., and Mr. W. D. Moore, of El Dorado, Ark., for the Petitioner. dlr. Arvile Inge, of Houston, Tex., for the Intervenor. Miss Irene Shriber, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Crossett, Arkansas , on August 29, 1946, before C. Paul Barker , hearing officer. The hearing officer's rulings made at the hearing are free from pre- judicial 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 TILE EMPLOYER Crossett Chemical Company, a Delaware corporation with its prin- cipal office and place of business in Crossett, Arkansas, is engaged in the manufacture of wood chemical products. The annual value of the raw materials and supplies used by the Employer is in excess of $200,000, of which approximately 1 percent is received from points outside the State of Arkansas. The annual value of the Employer's finished products exceeds $200,000, of which approximately 90 per- cent is shipped to purchasers located outside the State. The Employer admits and We find that it is engaged in commerce within the meaning of the National Labor Relations Act. 71 N L. 11 B, No. 07. 433 434 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. International Chemical Workers Union, herein called the Inter- venor, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION On June 22, 1946, the Petitioner requested the Employer to recog- nize it as the collective bargaining representative of its employees. This request was denied. On June 27, 1946, the Petitioner filed its petition with the Board.' We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all employees of the Employer, excluding superintendents, assistant super- intendents, foremen, department heads, shipping clerks, timekeepers, storekeepers, chemists, non-operative testers and meter men, master mechanics, office employees, employees engaged in confidential capac- ities, and all other supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing 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, subject to the limitations and additions set forth in the Direction. The parties disagree as to the right of the probationary employees to vote in the election. The Petitioner contends that probationary em- ployees should be permitted to vote; the Employer and the Intervenor insist that they should not be. Newly hired employees are assigned a probationary status during the first 3 months of their employment. ' On August 2, 1945, the Employer and the A. F . of L. executed a collective bargaining agreement for a 1-year period. The contract did not contain a renewal clause but on its expiration , the contracting parties agreed in writing to extend its provisions for an in- definite period pending the Board 's determination of the question of representation. None of the parties contends that the 1945 contract or its supplement is a bar. CROSSETT CHEMICAL COMPANY 435 Thereafter they become regular employees. All probationary em- ployees are hired with the expectation that they will become regular employees and normally a high percentage of them do achieve that status. During their trial period, these employees receive the same rate of pay as their regular colleagues and enjoy the same privileges, including group insurance. Furthermore, the probationary period of these employees is included in computing seniority and vacation rights. Because these workers have a reasonable expectation of becoming regular employees and because the conditions under which they work are similar to those of their fellow workers, we find that they have a sufficient interest in the present election to entitle them to a voice in the choice of a bargaining representative. We find, therefore, that probationary employees are eligible to vote in the election.2 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Crossett Chemical Company, Cros- sett, Arkansas, 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 Fifteenth Region, acting in this matter as agent for the National Labor Relations, Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employees 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 or not they desire to be represented by International Woodworkers of America, C. I. 0., or by International Chemical Workers Union, A. F. L., for the purposes of collective bargaining, or by neither. 2Matter of Midland National Bank of Minneapolis, 68 N. L. R. B. 580; Matter of Otto Jung, et al., 63 N. L. R. B. 1241.