Solventol Chemical Products, Inc.

SOLVENTOL CHEMICAL PRODUCTS, INC. 617 (d) Case No. 32RC-841 : All production and maintenance em- ployees, including truckdrivers, mill and logging employees at the Employer's Dierks, Arkansas, operation, but excluding the superin- tendent, foreman, assistant foreman, dry kiln operators, shipping clerks, head machinist, head electrician, head saw filer, plant engineer, civil engineer, surveyors, armed guards, . watchmen, all clerical and store employees, professional and technical employees , and super- visors as defined in the Act.' [Text of Direction of Elections omitted from publication.] a The parties agree that the traveling construction crew is not included in any of the above units. Solventol Chemical Products, Inc. and Local 292, Sheet Metal Workers International Association, AFL, Petitioner. Case No. 7-RC-2811. August 12,1955 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 L. L. Porterfield, 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 organizations involved claim to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) andSection 2 (6) and (7) of the Act. The Petitioner requests an election in a unit of all production and maintenance employees . The Employer and the Intervenor, Local 365, United Construction Workers, affiliated with United Mine Workers of America, contend that their current contract covering essentially the unit petitioned for, and which the Intervenor contends is effective until May 15, 1956, is a bar. 'The contract provides that "The Company recognizes the Union as the sole and exclusive bargaining agency for all factory employees," and contains provisions covering wages, griev- ance procedure, seniority, hours, vacations, and other conditions of work. In addition, the contract states as follows : Both the Company and the Union feel that the greatest amount of harmony will exist, that better labor relations will prevail and that the employees' interests will be more adequately represented 113 NLRB No. 71. 618 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and better served if all eligible employees covered by this Agree- ment are willing to become members of the Union. The contract also contains the following language : Employees not in good standing with Union lose all rights and privileges under this Contract. On its face this agreement provides for exclusive recognition of the Intervenor as the representative of all employees in the unit. How- ever, the last-quoted clause either belies the exclusive recognition clause by providing, in effect, that the Intervenor will represent only its members, or seeks, notwithstanding the noncompliance of the Union, to simulate union-shop conditions by withholding from nonmembers all benefits under the contract. Accordingly, whether the contract be viewed as a "members-only" contract 1 or as containing an illegal union- security provision,2 it does not, in either event, constitute a bar to a present election among all production and maintenance employees.' 4. We find, in agreement with the stipulation of the parties, that the following employees of the Employer constitute a unit appro- priate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance employees of the Employer's metal fabricating division plant, 15843 Second Boulevard, Detroit 3, Michi- gan, excluding janitors, office clerical employees, shop clerical em- ployees, professional employees, guards, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] CHAIRMAN FARMER took no part in the consideration of the above Decision and Direction of Election. 1 Associated Shoe Industries of Southeastern Mass., Inc., 81 NLRB 224, 226 footnote 6 ; accord : Hughes Tool Company, 104 NLRB 318. z See Ward Baking Company, 101 NLRB 419. s In view of our determination herein, we find it unnecessary to decide whether the con- tract was properly executed or extended. Local 450, International Union of Operating Engineers , AFL and W. J. Hedrick and H. W. Marschall, Jr., d/b/a Industrial Painters and Sand Blasters. Case No. 39-CD-14. August 12, 1955 ORDER GRANTING MOTION AND REMANDING FOR FURTHER HEARING On April 25, 1955, the Board issued a Decision and Determination of Dispute in the instant case, finding that the Respondent was not 113 NLRB No. 66.