Allied Chemical and Dye Corp.

550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD NATIONAL ANILINE DIVISION, ALLIED CHEMICAL AND DYE CORPORA- TION and JOHN J. WINKLHOFER, PETITIONER and LOCAL 2034,. UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,. AFL NATIONAL ANILINE DIVISION, ALLIED CHEMICAL & DYE CORPORATION. PETITIONER and UNITED BROTHERHOOD OF CARPENTERS AND JOINERS. or AMERICA, AFL NATIONAL ANILINE DIVISIO\, ALLIED CHEMICAL & DYE CORPORATION, PETITIONER and UNITED BROTHERIr0OD OF CARPENTERS AND JOINERS OF AMERICA, AFL NATIONAL ANILINE DIVISION, ALLIED CHEMICAL & DYE CORPORATION, PETITIONER and UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL. Cases Nos. 3-RD-99, 3-RM-100, 3-RM-101,1 and 3-RMti1-102. February 8, 1955 Decision and Direction of Elections Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held in these cases before Hymen Dishner, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. Questions affecting commerce exist concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. On January 12, 1953, the Board found that 11 groups of employees at the Employer's Buffalo, New York, plant, could, if they so desired, be severed from an overall production and maintenance unit, and be constituted as separate, appropriate bargaining units.' Following the Board-directed elections, United Brotherhood of Carpenters and Joiners of America, AFL, hereinafter referred to as the Carpenters, was certified on April 23, 1953, as the bargaining representative for four of these groups, which the Board then found to constitute sep- arate appropriate bargaining units. The units were : (1) All instru- ment and scale mechanics and apprentices; (2) all machinists and garage mechanics and apprentices; (3) all pipefitters and apprentices; and (4) all sheetmetal workers and apprentices. 1 National Aniline Division, Allied Chemical and Dye Corporation, 102 NLRB 129 (Case No 3-RC-1029) 111 NLRB No. 90. UNITED STATES GYPSUM COMPANY 551 Subsequent to certification and up until December 1, 1953, incon- ,elusive bargaining negotiations were held between the Carpenters and the Employer. However, since December 1, 1953, there have been no 'bargaining negotiations and to date there has not been a contract signed for any of the four units. Despite their failure the Carpenters continued to claim to represent the employees. Recently, another union, District 50, United Mine Workers of America, Local 12,330, which represents the Employer's production and maintenance em- ployees, advised the Employer that it represents a majority of the employees in the machinists and garage mechanics, pipefitters, and -sheetmetal workers units. The Employer thereupon filed the instant petitions with respect to these employees. An individual employee has filed a petition requesting a decertification election for the instru- inent and scale mechanics unit, alleging that the Carpenters is no longer the bargaining representative of these employees within the meaning of Section 9 (a) of the Act. In view of the above facts, we find that questions concerning repre- sentation exist warranting elections at this time. 4. The following employees of the Employer constitute separate units appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: 2 (1) All instrument and scale mechanics and their apprentices; (2) all machinists and garage me- 'chanics and their apprentices; (3) all pipefitters and their appren- tices; (4) all sheetinetal workers and their apprentices. [Text of Direction of Elections' omitted from publication.] z The unit descriptions appeal as ultimately found appropriate in National Aniline Dws- siwi, Allied Chemical and Dye Corporation, supra . The record shows that the duties of the employees in the four units involved have not changed since the hearing in the latter case We find without merit the Employer 's contention that these unit determinations are no longer valid because of the recent Board decisions dealing with craft severance This case does not involve issues of craft severance , the units in question having pre- viously been established as separate appropriate units. 5 Although the Carpenters ' International was certified by the Board in Case No. 3-RC-1029 , Local 2034 subsequently came into being in the Employer 's plant The Local appeared at the hearing and claims to represent the employees involved UNITED STATES GYPSUM COMPANY and UNITED GAS, COKE AND CI-IEM- ICAL. WORKERS, CIO, PETITIONER. Case No. 18-RC-2282. Febru- ary 8,1955 Supplemental Decision, Order , and Certification of Representatives On September 17, 1954, the Board issued a Decision and Direction of Election in a production and maintenance unit found appropriate by the Board.' The Board did not pass upon the unit placement of 3 109 NLRB 1402 111 NLRB No. 86.