Virginia-Carolina Chemical Corp.

VIRGINIA-CAROLINA CHEMICAL CORPORATION 69 The record as made requires a recommendation that the complaint be dismissed. Upon the basis of the foregoing findings of fact, and upon the entire record of the case, I make the following: CONCLUSIONS OF LAW 1. International Association of Machinists, District Lodge No. 94, Local No. 311, is a labor organization within the meaning of Section 2 (5) of the Act. 2. The Respondents have not engaged in unfair labor practices within the meaning of the Act. [Recommendations omitted from publication.] VIRGINIA - CAROLINA CHEMICAL CORPORATION and INTER- NATIONAL ASSOCIATION OF MACHINISTS, LODGE NO. 183, AFL, Petitioner VIRGINIA-CAROLINA CHEMICAL CORPORATION andUNITED GAS, COKE & CHEMICAL WORKERS OF AMERICA, C.I.O., Petitioner. Cases Nos. 11-RC-453 (formerly 10-RC-1950) and 11-RC-454 (formerly 10-RC-1959). April 14, 1953. SUPPLEMENTAL DECISION AND ORDER On December 23, 1952, the National Labor Relations Board issued its Decision and Direction of Elections' finding, inter alia,z that the machinists and welders at the Employer's Charleston, South Carolina, plant, may each constitute a sepa- rate unit for purposes of collective bargaining. Accordingly, elections by secret ballot were conducted on January 14, 1953, under the direction and supervision of the Regional Director for the Eleventh Region. On that date, the Regional Director issued and duly served on the parties tallies of ballots. The tally for the machinists voting group showed only 1 eligible voter and he cast his vote for the Petitioner, the International Association of Machinists, Lodge No. 183, herein called the IAM. The tally for the welders group showed that of 2 eligible voters, 1 vote was cast for this Petitioner and none against. No objec- tions to the elections having been timely filed, the Regional Director, pursuant to Section 102.61 of the Board's Rules and Regulations and the Decision and Direction of Elections, forth- with issued separate certifications of representatives to the IAM for the machinists and the welders groups. On February 23, 1953, the Employer moved to rescind the foregoing certifications on the grounds that (a) there was only 1 eligible employee in the machinists voting group, and it therefore could not constitute an appropriate bargaining unit; and (b) in the welders voting group only 1 of the eligible em- ployees voted and therefore no representative vote was cast in that election. The IAM filed a brief in opposition to this motion. 1100 NLRB No. 206. =The Board also found that all remaining production and maintenance employees, with specified exclusions, may constitute a separate unit. International Union of Mine. Mill & Smelter Workers . Local Union No. 863 , won the election held in this group by receiving 181 out of 248 votes cast. 104 NLRB No. 16. 283230 0 - 54 - 6 70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD At the time of the hearing herein, the Employer employed 2 machinists. It appears that thereafter and at the time of the election only 1 such employee was employed. As it would be contrary to the settled policy of the Board to certify a repre- sentative for bargaining purposes in a unit consisting of only 1 employee, we find that, in view of the changed circum- stances, a machinists unit is no longer appropriate. Accord- ingly, we shall grant the Employer's motion to that extent, and revoke the certification for a machinists unit.3 As for the welders unit, consisting of two employees, no such policy considerations apply. Because no timely objections to the election had been filed, we see no justification for dis- turbing the IAM certification for the welders unit. Accordingly, we shall deny the Employer' s motion in this respect. ORDER Upon the basis of the above findings of fact and the entire record in this case, the National Labor Relations Board hereby orders that the certification issued in Case No. 11-RC-453 to International Association of Machinists, Lodge No. 183, AFL, as the collective-bargaining representative of machinists of the Virginia -Carolina Chemical Corporation, Richmond, Virginia, be, and it hereby is, revoked, and that the Employer's motion in all other respects be, and it hereby is, denied. Members Houston and Styles took no part in the considera- tion of the above Supplemental Decision and Order. 3As the effect of our decision is to deny severance of the . machinist from the production and maintenance unit, he remains part of that unit which is now covered by the certification issued to International Union of Mine, Mill & Smelter Workers, Local Union No. 863. The outcome of the election in the production and maintenance unit would not have been affected by the machinist's vote. J. A., M. D., AND R. A. WASSERMAN d/b/a MARYLAND SPORTSWEAR COMPANY and AMALGAMATED CLOTHING WORKERS OF AMERICA, C.I.O. Case No. 10-CA-1421. April 15, 1953 DECISION AND ORDER On January 23, 1953, Trial Examiner Lee J. Best issued his Intermediate Report in the above-entitled proceeding finding that the Respondent had engaged in and was engaging in certain unfair labor practices in violation of Section 8 (a) (1) and (3) of the Labor Management Relations Act, as amended, and recom- mending that the Respondent cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the Respondent filed exceptions to the Intermediate Report and a supporting brief. 104 NLRB No. 7.