Dewey and Almy Chemical Co.

940 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD (1) All machinists and machinists' apprentices in the machine shop, production development department, and mold shop.22 (2) All blacksmiths and blacksmiths' helpers in the mold shop. (3) All powerhouse employees working in the engine and boiler rooms 23 If a majority of the employees in any of the voting groups indicate, by voting for the Petitioner, their desire to be represented in a sepa- rate unit, the Board finds such unit to be appropriate and the Regional Director conducting the elections directed herein is instructed, in that event, to issue a certification of representatives to the Petitioner for such unit. If a majority of the employees in any of the voting groups vote for the Intervenor, the Board finds, in such event, that these employees are appropriately represented in the presently existing production and maintenance unit, and instructs the Regional Director to issue a certification of results of elections to that effect. Order IT IS HEREBY ORDERED that the petitions in Cases Nos. 4-RC-1693, 4-RC-1694, 4-RC-1695, 4-RC-1696, 4-RC-1699, 4-RC-1700, 4-RC- 1701, and 4-RC-1702 be, and they are hereby, dismissed. [Text of Direction of Elections omitted from publication in this volume.] 22 The Petitioner has requested the inclusion of machinists ' helpers in the unit. However, it appears that there are no helpers regularly or permanently assigned to the machinists and we shall omit them from the unit description. There is employed in the machine shop a general utility man who performs general cleanup and maintenance duties around the shop . In keeping with the Board's recent decision in Westinghouse Electric Corporation, 101 NLRB 441, we shall not include in this craft group an unskilled employee . He is therefore excluded from the machinist unit. 23 There are several maintenance men in the systems department , some of whom have fireman or engineer licenses. It is not clear from the record , however, whether these em- ployees are a part of the powerhouse unit or not . Therefore we shall include in the unit of powerhouse employees such systems maintenance employees , if any, who (1 ) are per- manently assigned to the powerhouse unit, (2 ) work under the supervision of the power- house foreman , and (3) ^ work principally in the boiler and engine room or on steam, air, and other system lines related to the powehouse . Micamoid Radio Corp., 94 NLRB 1193. DEWEY AND ALMY CHEMICAL COMPANY and LODGE No . 831, INTER- NATIONAL ASSOCIATION OF MACHINISTS, AFL, PETITIONER. Case No. 18-RC-1731. February 3, 1953 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Max Rotenberg, hearing 102 NLRB No. 91. DEWEY AND ALMY CHEMICAL COMPANY 941 officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three- member panel [Chairman Herzog and Members Houston and Murdock]. 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain employees of the Employer. 3. The Intervenor 1 principally contends that its contract with the Employer is a bar to this proceeding, and moved to dismiss the peti- tion on that ground. It argues that the time for filing a petition should be limited to the notice period prescribed by the parties in the contract. The contract is effective from February 11, 1952, through February 15, 1953, and provides for automatic renewal for annual periods, unless either party gives written notice to terminate "not more than eighty (80) and not less than sixty (60) days" before the contract's anniversary date. Neither party has given such notice. About 2 weeks prior to the time when termination notice could have been given, the Petitioner communicated to the Employer its claim for recognition as bargaining representative of the production and main- tenance employees. It filed its petition on the same day. We reject the Intervenor's contract bar argument. In accord with long-settled Board policy, the petition was timely because it was filed before the contract's automatic renewal date of December 18, 1952.2 As the anniversary date of the contract is less than a month away, we find that the contract does not bar this proceeding.8 The Intervenor also contends that the petition is premature because filed during the certification year. On November 12, 1951, following a consent election, the Intervenor was certified. The petition was filed November 12, 1952. We find that this was the first day following the expiration of the certification year 4 Accordingly, we find that a question affecting commerce exists con- cerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. I Local 426 , United Rubber , Cork, Linoleum and Plastic Workers of America , CIO, was permitted to intervene at the hearing on the basis of its contract 2 See for example, De Soto Creamery and Produce Company, 94 NLRB 1627, where the original petition was filed more than 3% months before the automatic renewal date of the contract. 3 Pepaf-Cola, Louisvtille Bottlers, Inc., 86 NLRB 1299. * In reaching this conclusion , we count the effective date with respect to the certification in the same manner that we would if a contract were involved on this issue . See Miles Laboratories, Inc, 92 NLRB 23. Cf. Centr-O-Cast k Engineering Company, 100 NLRB 1507. 942 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. In accordance with the agreement of the parties, the following employees of the Employer constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act. All production and maintenance employees including shipping, re- ceiving, and warehouse employees, janitors and firemen, but excluding office, clerical, and professional employees, engineers, draftsmen, sales- men, laboratory technicians, guards, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication in this volume.] THE DEVILBISS COMPANY and INTERNATIONAL UNION, UNrrED AUTO- MOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, CIO, PETITIONER. Case No. 6-RCi-1120. February 3, 1953 Supplemental Decision and Certification of Representatives Pursuant to a Decision and Direction of Election issued by the Board on September 15, 1952, in the above-entitled matter,' an elec- tion by secret ballot was held under the direction and supervision of the Regional Director for the Sixth Region. Thereafter, a tally of ballots was furnished the parties. The tally shows that of approxi- mately 43 eligible voters, 42 cast valid ballots, 32 for, and 10 against, the Petitioner. There were 18 challenged ballots. On October 13, 1952, the Employer filed timely objections to the conduct of the election, alleging in substance: (1) That the date and time of election were improperly set without considering the sugges- tions of the Employer; (2) that the notice of election improperly failed to state that certain temporary employees were ineligible to vote, and that these employees were improperly permitted to vote under challenge; (3) that a fair and impartial election was prevented by the manner in which certain unfair labor practice charges against the Employer were processed; (4) that the Petitioner improperly in- terfered with the election by purchasing breakfast for employees before the election and by representing to employees (a) that they would not have to pay initiation fees if they joined the Petitioner before, but not after, the election, (b) that they would save money if they signed a union card before the election, and (c) that the Peti- tioner would force the Employer to hire on a permanent basis those temporary employees who voted for the Petitioner; and (5) that the 3 Not reported in published volumes of Board Decisions. 102 NLRB No. 90.