Consolidated Chemical Industries, Inc.

In the Matter of CONSOLIDATED CHEMICAL INDUSTRIES, INC. and CHEMICAL WORKERS' LOCAL 20272, AFFILIATED WITH THE A. F. L. Case No. C-1006.-Decided March 18, 1939 Chemical Industry-Settlement : stipulation providing for compliance with the Act, including withdrawal of recognition of company-dominated union, rein- statement with back pay as to 2 employees , and dismissal of complaint as to 4 persons-Order: entered on stipulation. Mr. Arthur R. Donovan, for the Board. Madison, Madison and Files, by Mr. George T. Madison, of Bas- trop, La., for the respondent. Mr. Ross A. Patureau, of Baton Rouge, La., for the Union. Mr. F. Hamilton Seeley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Chemical Workers' Local 20272, affiliated with the American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fifteenth Region (New Orleans, Louisiana), issued its complaint dated Febru- ary 9, 1939, against the Consolidated Chemical Industries, Inc., Baton Rouge, Louisiana, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1), (2), (3), (5), and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint and notice of hearing were duly served upon the respond- ent and the Union. Concerning the unfair labor practices, the complaint alleged, in substance, that although a majority of the employees in an appro- priate unit designated the Union as their representative for the purposes of collective bargaining, the respondent refused to bargain collectively with the Union; that the respondent terminated the em- ployment of and refused to reinstate certain named employees be- cause they were members of and were active in behalf of the Union, 11 N. L. R. B., No. 113. 1228 CONSOLIDATED CHEMICAL INDUSTRIES, INC., ET AL. 1229 and because they engaged in concerted activities with other em- ployees of the respondent for the purpose of collective bargaining and other mutual aid and protection; that the respondent dominated and interfered with the formation and administration of the "Cross- Comeaux-Tarver Committee" later known as "Consolidated Chemical Industries Association, Baton Rouge Plant"; and that the respond- ent, by the afore-mentioned activities, and by urging, persuading, and warning its employees to refrain from becoming or remaining members of the Union and by threatening its employees with re- prisals for joining or remaining members of the Union, and by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On February 21, 1939, the respondent filed its answer to the com- plaint in which it admitted the allegations concerning its corporate structure, but denied the allegations concerning the nature and scope of its business and the allegations of unfair labor practices. On February 25, 1939, the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : It is hereby stipulated and agreed by and between Consoli- dated Chemical Industries, Inc., by Geo. T. Madison, its Attor- ney, herein called the Respondent, and the Chemical Workers' Local 20272, affiliated with the American Federation of Labor, by B. Benton, President, herein called the Union, and Arthur R. Donovan, Attorney of the National Labor Relations Board, herein called the Board, as follows : I (1) The Respondent for the purpose of this case and stipula- tions only admits the allegations of Paragraphs 1 to 10, inclusive of the Complaint issued herein, dated February 9, 1930; except as follows : (a) In paragraph 7 the percentages shown should be 45% to Standard Oil Company, 24% to its Bastrop Plant and the balance to other uses, less than 4% being sold to customers outside the State of Louisiana. (b) In paragraph 9 the amount shipped through Mississippi is approximately 8%. (2) The Respondent admits the allegations of paragraphs 11 and 14 of said Complaint issued herein. II (1) The Respondent acknowledges that it has been duly served, in accordance with the Rules and Regulations of the National 1230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Labor Relations Board, with a copy of the Charge dated Feb- ruary 6, 1939, Complaint and Notice of Hearing in this matter, and, by this Stipulation, and for the express purposes hereof, and the Order hereinafter set forth and not otherwise, waives its right to file an answer or further pleadings in this matter, with respect to said Complaint, and waives said hearing already provided for, and all further Notices or Hearings with respect to said Com- plaint, to which it may be entitled in the matter under the Rules and Regulations of the National Labor Relations Board; - (2) Said Charge, Complaint and Notice of Hearing, and this Stipulation shall be submitted to the Chief Trial Examiner of the National Labor Relations Board, and said Charge, Complaint and Notice of Hearing, and this Stipulation shall constitute the entire record in this case, and shall dispense with said Hearing already provided for on the Complaint issued; Upon the filing of said papers with the Chief Trial Examiner; the records shall be considered closed, and the Board may there- upon proceed to dispose of this matter upon the basis of such record in accordance with this Stipulation and not otherwise; (3) This Stipulation is made subject to the approval of the National Labor Board, and upon such approval, shall become binding on the parties hereto; All matters contained in the Charge and Complaint shall be finally disposed of in accordance with the terms of this Stipulation. If not so approved, this Stipulation shall be without prejudice to either party and shall not be used as evidence in this case or any other case. III (1) The Respondent and other parties herein, for the purpose of this stipulation, withdraws its answer, all motions and any other papers filed by them in this proceeding. The Union represents, warrants and agrees that this Stipula- tion has been duly executed on behalf of the Union by its offi- cers duly authorized therefor, that this Stipulation is, and shall be binding upon the Brotherhood and its Members, in accordance with the terms hereof, and that full disclosure to the Board has been made by the Union and its Members. (2) Respondent waives the making of findings of fact and conclusions by the National Labor Relations Board. (3) Respondent expressly consents to the issuance by the National Labor Relations Board of a Decision and Order based upon the Stipulation as heretofore and hereinafter set up. CONSOLIDATED CHEMICAL INDUSTRIES, INC., ET AL. IV 1231 It is stipulated and agreed that : (1) Chemical Workers' Local 20272, affiliated with American Federation of Labor and the Consolidated Chemical Industries' Employees' Association of the Baton Rouge Plant are, such and both of them, labor organizations within the meaning of Section 2, subsection (5) of the National Labor Relations Act, herein called the Act. V It is stipulated and agreed that : (1) All hourly maintenance and production employees, ex- clusive of supervisory and clerical employees, at the Baton Rouge plant, constitute a unit appropriate for 'the purpose of collective bargaining within the meaning of Section 9 (b) of the Act, in order to insure to the Baton Rouge plant employees the full benefit of their rights to self-organization and to col- lective bargaining, and otherwise to effectuate the policies of the Act. (2) On or about July 28, 1936 a majority of the employees of the said unit designated the Chemical Workers' Local 20272 (A. F. L.) (herein called the Union) as their representative for the purpose of collective bargaining with Respondent by becom- ing members thereof; and the union was treated as such until June, 1938 when doubt arose on account of notices and demands served by certain employees individually and on behalf of Con- solidated" Chemical Industries Employees Association of the Baton Rouge Plant, at which time Respondent took the position that it could not lawfully negotiate with either organization as the sole and exclusive bargaining agency of all its employees until the matter was adjudicated by the proper Order from the National Labor Relations Board. (3) That it has been determined that the chemical workers Local 20272 (A. F. L.) is the proper representative for the pur- pose of collective bargaining with the Respondent. VI. (1) That the Complaint will be dismissed as to charges made in Paragraphs XII and XIII involving the following men : W. Hammond T. L. McGrew J. D. Brooks 1232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (2) That the Complaint will be dismissed as to charges in- volving L. W. Allen made in Paragraphs XII and XIII with- out prejudice to the rights of L. W. Allen, individually, to file charges. VII It is stipulated and agreed by and between the respective parties hereto that the National Labor Relations Board may forthwith enter an order in the above entitled case to the following effect: Respondent Consolidated Chemical Industries, Inc., shall (1) Cease and desist from the date hereto : a. Dominating or interfering with the administration of the Consolidated Chemical Industries' Employees' Association of the Baton Rouge Plant, or with the formation or administration of any other labor organization of its employees, or contributing support to any such labor organization; b. Recognizing the Consolidated Chemical Industries' Em- ployees' Association of the Baton Rouge Plant as the representa- tive of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work; c. From refusing to bargain with the Chemical Workers' Local 20272, as the exclusive representative of all the employees at Respondent's place of business, except executives, supervisory officials, office employees , salesmen and nightwatchmen in respect to rates of pay, wages, hours of employment and other conditions of employment; d. From discouraging membership in the Chemical Workers' Local 20272, or any other organization of its employees, by dis- criminating against employees in regard to hire or tenure of employment or any other term or condition of employment, or by any other means; e. From interfering in any manner with, restraining or co- ercing its employees in the exercises of their rights to self-organi- zation, to form, join or assist labor organizations , to bargain collectively through representatives of their own choosing, and engage in concerted activities for the purpose of collective bar- gaining and other mutual aid and protection, as guaranteed in Section 7 of the Act; (2) Take the following affirmative action to effectuate the policies of the National Labor Relations Act; a. Offer to Harry Sims and Gus Wilson immediate and full reinstatement to their former positions without payment of CONSOLIDATED CHEMICAL INDUSTRIES, INC., ET AL. 1233 back pay and without prejudice to their seniority and other rights and privileges; b. Continue N. E. Thompson on the seniority list for reem- ployment when work is available with same rank held by him prior to his last lay off. (3) Comply with the order and withdraw and continue to withhold all recognition from the Consolidated Chemical In- dustries' Association of the Baton Rouge Plant as a representa- tive of any of its employees for the purposes of collective bar- gaining with the Respondent in respect to rates of pay, wages, hours of employment and other terms and conditions of employ- ment, and completely disestablish Consolidated Chemical In- dustries' Employees' Association of Baton Rouge as such representative; (4) a. Upon request, bargain collectively with the Chemical Workers' Local 20272, as the exclusive representative of all main- tenance and production employees, exclusive of supervisory and clerical employees, in respect to rates of pay, wages, hours of employment and other conditions of employment ; b. Immediately post notices in conspicuous places throughout its plant and maintain such notices for a period of sixty (60) consecutive days, stating (1) That the Respondent will cease and desist, as aforesaid, and (2) That the Respondent will take the affirmative action aforesaid; which notices shall contain the substance of the order but will not be in the exact language thereof. c. Notify the Regional Director for the Fifteenth Region within a period of ten days after the entry of the Order what steps have been taken to comply with said Order. VIII It is further stipulated and agreed that after the making of said Order and Decision by the National Labor Relations Board, said Board may submit, without further notice and without objection by any of the parties hereto, a consent decree to the appropriate United States Circuit Court of Appeals, which decree shall provide for the affirmance and enforcement in full of such and every provision contained in the order which it is hereinbefore provided that the National Labor Relations Board may make herein, and the several parties hereto hereby consent to the entry of said appropriate Circuit Court of Appeals. 1234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IX All stipulations herein made and terms and provisions thereof are made subject to the approval of the National Labor Relations Board. On March 2, 1939, the Board issued its order approving the above stipulation, making it part of the record, and transferring the pro- ceeding to the Board for the purpose of entry of a decision and order by the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Consolidated Chemical Industries, Inc., a Delaware corporation, having its principal office and place of business in the city of San Francisco, California, is engaged in the business of manufacturing and distributing bone products (glue, bone black, and bone meal), sulphur products (sulphuric acid and alum), and muriatic acid at plants located in the States of Texas, Louisiana, and California, and in South America. The respondent, at a plant located in the city of Baton Rouge in the State; of Louisiana (hereinafter called the Baton Rouge plant), which is the only plant involved herein, is engaged in the business of manufacturing and distributing sulphuric acid. In the course of its operations at the Baton Rouge plant the respondent has caused a substantial amount of raw materials, supplies, machinery, and products used and distributed by it to be purchased and trans- ported from and through States of the United States, other than the State of Louisiana, to the Baton Rouge plant. In the year 1937 the respondent produced and sold approximately 40,000 tons of sulphuric acid and for the first 10 months of 1938 produced and sold approxi- mately 22,000 tons of sulphuric acid at the Baton Rouge plant. Of the sulphuric acid so produced at the Baton Rouge plant, 45 per cent was sold and delivered to the Standard Oil Company of Louisiana and 24 per cent to the respondent's plant at Bastrop, Louisi- ana. Approximately 8 per cent of the sulphuric acid shipped to the respondent's Bastrop plant is shipped through the State of Missis- sippi. The balance of the sulphuric acid produced at the Baton Rouge plant is applied to other uses, less than 4 per cent being sold to cus- tomers outside the State of Louisiana. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. CONSOLIDATED CHEMICAL INDUSTRIES, INC., ET AL. 1235 II. THE ORGANIZATIONS INVOLVED Chemical Workers' Local 20272, affiliated with American Feder- ation of Labor, and the Consolidated Chemical Industries' Employees' Association of the, Baton Rouge Plant are labor organizations within the meaning the Act. III. THE APPROPRIATE UNIT We find that all the hourly maintenance and production employees, excluding supervisory and clerical employees, at the Baton Rouge plant, constitute a unit appropriate for the purposes of collective bargaining, and that such unit will insure to the employees the full benefit of their rights to self-organization and collective bargaining, and otherwise effectuate the policies of the Act. IV. REPRESENTATION OF A MAJORITY WITHIN THE APPROPRIATE UNIT We find that on or about July 28, 1936, a majority of the employees in the aforesaid unit designated the Union as their representative for the purpose of collective bargaining with the respondent. By virtue of Section 9 (a) of the Act, therefore, the Union was on or about July 28, 1936, the exclusive representative of all employees in the aforesaid unit for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. ORDER Upon the basis of the above 'findings of fact, stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that Consolidated Chemical Industries, Inc., Baton Rouge, Louisiana, shall: 1. Cease and desist from : (a) Dominating or interfering with the administration of the Con- solidated Chemical Industries' Employees' Association of the Baton Rouge Plant, or with the formation or administration of any other labor organization of its employees, or contributing support to any such labor organization ; (b) Recognizing the Consolidated Chemical Industries' Employees' Association of the Baton Rouge Plant as the representative of any of its employees for the purpose of dealing with the respondent con- cerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work; 1236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Refusing to bargain with the Chemical Workers' Local 20272 as the exclusive representative of all the employees at respondent's place of business, except executives, supervisory officials, office em- ployees, salesmen, and night watchmen in respect to rates of pay, wages, hours of employment, and other conditions of employment; (d) Discouraging membership in the Chemical Workers' Local 20272, or any other organization of its employees, by discriminating against employees in regard to hire or tenure of employment or any other term or condition of employment, or by any other means; (e) Interfering in any manner with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining and other mutual aid and protection, as guaranteed in Section 7 of the Act. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act : (a) Offer to Harry Sims and Gus Wilson immediate and full rein- statement to their former positions without payment of back pay and without prejudice to their seniority and other rights and privileges; (b) Continue N. E. Thompson on the seniority list for reemploy- ment when work is available with same rank held by him prior to his last lay-off. 3. Withdraw all recognition from Consolidated Chemical Indus- tries' Employees' Association of the Baton Rouge Plant as the repre- sentative of its employees, or any of them, for the purpose of dealing with respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; and completely disestablish Consolidated Chemical Industries' Employees' Association of the Baton Rouge Plant as such representative. 4. Upon request, bargain collectively with the Chemical Workers' Local 20272, as the exclusive representative of all maintenance and production employees, exclusive of supervisory and clerical employees, in respect to rates of pay, wages, hours of employment, and other conditions of employment. 5. Immediately post notices in conspicuous places throughout its plant and maintain such notices for a period of sixty (60) consecutive days, stating (1) that the respondent will cease and desist, as afore- said, and (2) that the respondent will take the affirmative action afore- said; which notices shall' contain the substance of this Order but need not be in the exact language of said Order. 6. Notify the Regional Director for the Fifteenth Region in writing within a period of ten (10) days after the entry of the Board's Order as to the steps the respondent has taken to comply therewith. CONSOLIDATED CHEMICAL INDUSTRIES, INC., ET AL. 1237 AND IT IS ORDERED that the allegations of paragraphs XII and XIII of the complaint involving W. Hammond, T. L. McGrew, and J. D. Brooks, be, and the same hereby are, dismissed. AND IT is FURTIIER ORDERED that the allegations of paragraphs XII and XIII of the Board's complaint involving L. W. Allen be, and the same hereby are, dismissed without prejudice to the rights of L. W. Allen, individually, to file charges. 164275-39-vol. xi-79