The Richards Chemical Works, Inc.

In the Matter of THE RICIIARDS CHEMICAL WORKS, INC., and EM- PLOYEE'S ASSOCIATION OF THE RICHARDS CHEMICAL WORKS Case No.1-R-5817.Decided Decenyber X8,1945 Mr. Jack Geddy Goldberg, of Jersey City, N. J., for the Company. Messrs. Sewell and Levey, by Mr. Jacob J. Levey, of Jersey City, 'N. J., for the Association. Mr. John L. Sacqui, of Jersey City, N. J., for the AFL. Miss Frances Lopinsky, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by the Employee's Association of The Richards Chemical Works, herein called the Association, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of The Richards Chemical Works, Jersey City, New Jersey, herein called the' Company, the National Labor Relations Board provided for an appropriate, hearing upon due notice before James C. Paradise, Trial Examiner. The hearing was held at Jersey City, New Jersey, on October 16, 1945. By consent of all parties the Trial Examiner permitted Chemical Workers Union No. 22951, A. F. of L., herein called the AFL, to intervene. All parties participated in the hearing and were afforded fail opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing 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: FINDINGS OF FACT 1. THE BUSINESS OF TILE COMPANY The Richards Chemical Works, Inc., is a New Jersey corporation which is engaged in the manufacture of sulphonated oils, alcohols, 65 N I. R. B., No 3 14 THE RICHARDS CHEMICAL WORKS, INC. 15 germicides, detergents, and other chemicals. It operates a plant at Jersey City, New Jersey. During the past year the value of the fin- ished products produced at said plant exceeded $1,000,000, of which approximately 75 percent was shipped to places outside the State of New Jersey. During the past year the Company purchased materials consisting principally of oils, acids, alkalis, fatty alcohols, polyglycols and gums valued at in excess of $1,000,000, of which approximately 90 percent was shipped to the plant from places outside the State of New Jersey. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATIONS INVOLVED Employee's Association of The Richards Chemical Works is an unaffiliated labor organization. Chemical Workers Union No. 22951 is a labor organization affiliated with the American Federation O Labor. Both admit to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 28, 1945, the Association informed the Company that it represented a majority of its employees and requested recognition. The Company was then under a contract with the AFL which was, to expire on August 22, 1945. It refused to accord recognition to the Association. The contract with AFL terminated ' on its expiration date and has not been renewed. A statement of a Field Examiner for the Board, introduced into evidence at the hearing, indicates that the Association represents a substantial number of employees in the unit hereinafter found 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. IV. THE APPROPRIATE UNIT The Association contends and the other parties agree that all production and maintenance employees of the Company at its Jersey City plant, excluding chemists, laboratory assistants, technicians, office and clerical employees, timekeepers, company officers and ex- ecutives, and all supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status The Field Examiner repotted that the petitioner submitted 93 authorization cards, of which 89 bore the names of employees within the alleged appropriate unit. There are 101 employees in said unit. 679100-46-vol. 65-3 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of employees, or effectively recommend such action, constitute an appropriate bargaining Unit .2 The only issue in this proceeding arises out of the contention of the,AFL that the employees carried on the pay roll as foremen and assistant foremen are supervisory employees who should be excluded from the unit. It is contended by the Company and the Association that the-only supervisory employees within the Board's customary, definition are the company executives, and that the so-called foremen and assistant foremen are without authority to hire, discharge, dis- cipline; or to make effective recommendations with regard to changes in the status of employees. The operations at the Jersey City plant are scattered over eight separate buildings which are from one to four stories in height. The buildings are connected at all levels by passageways. The work is subdivided among 14 separate departments, each of which has a fore- man and some of which have one or more assistant foremen. The number of employees in each of the departments varies from 2 to 16. The foremen are hourly rated, punch time clocks, and are subject to the same hours and working conditions as employees generally. Some foremen participate in the work of their departments in the same manner as other employees, while some spend part of their time supervising and the balance in assisting in getting out the work. All of the foremen have been' covered by the AFL's contracts since 1941. Indeed, many of them were officers, stewards, and negotiating committee members of the AFL as they are now'of the Association. The record indicates that active supervision over all departments of the plant is exercised by Philip Kaplan, vice president in charge of production, who issues daily instructions to each foreman. In- dividual operations are followed closely by professional chemists em- ployed by the Company, who check the day to day results of produc- tion of certain chemicals and instruct employees how to proceed. The foremen merely serve as conduits for the transmittal of orders to their men and beyond that, their sole responsibility is to see that the work is gotten out. The evidence indicates that they have no authority with respect to personnel, the handling of grievances, or the formulation of company policy, and that they cannot make effective recommenda- tions with regard to discipline or changes in the status of employees 8 Accordingly, we find, on the basis of the evidence adduced in this case, that these foremen and assistant foremen are not supervisory em- ployees within the customary definition. 2 This is the same unit as NA as provided for in the contracts between the Company and the AFL in effect from 1941 to 1945 3 Foreman report facts to Kaplan who makes an independent investigation thereof before taking action THE RICHARDS CHEMICAL WORKS, INC. 17 We find that all production and maintenance employees of the Com- pany at its plant at Jersey City, New Jersey, excluding chemists, laboratory assistants, technicians, office and clerical workers, time- keepers, company officers and executives, and all supervisory employees with authority to hire, promote, dl^icharge, 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 means of an election by secret ballot among the 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 i be Direction. 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 Relations Boal:d 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 The Richards Chemical Works, Inc., Jersey City, New Jersey, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the date of this Direction, under the direction and supervision of the Regional Director for the Second Region, acting in this natter as agent for the National Labor Relations Board, and object to Article III, Sections 10 and 11, of said Rules and Regula- t ions, among the employees in the unit found appropriate in Section 1V, 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 of, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any 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 Employee's Asso- ciation of The Richards Chemical Works, or by Chemical Workers Union No. 22951, A. F. of L., for the purpose of collective bargaining, or by neither. DIR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.