Monsanto Chemical Co.

In the Matter of MONSANTO CHEMICAL COMPANY and CHEMICAL WORK- ERS' UNION No. 21536, ST. LOUIS, MISSOURI, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR D Case No. B-0059.-Decided October 10, 1940 Jurisdiction : chemical products manufacturing. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union ; election necessary. Unit Appropriate for Collective Bargaining : all employees of Plant A of the Company who are paid on an hourly rate basis in the production, mainte- nance, power, service, warehouse, and shipping divisions, including all head operators, lead men, and pushers, but excluding foremen, assistant foremen, members of the plant police force, plant office porters, temporary employees, permanent laboratory employees, relief night superintendents, watchmen, and clerical employees. Mr. W. W. Schneider, of St. Louis, Mo., for the Company. Mr. John Gratz and Mr. E. P. Theiss, of St. Louis, Mo., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On July 13 and September 3, 1940, respectively, Chemical Workers' Union No. 21536, herein called the Union, filed with the Regional Director for the Fourteenth Region (St. Louis, Missouri), a petition and an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of Monsanto Chemical Company, St. Louis, Missouri, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On September 6, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered 27 N. L. R. B., No. 137. 749 750 DECISIONS OF NATIONAL LABOR RELATIONS BOARD an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On September 13, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice , a hearing was held on September 18 and 19, 1940, at St. Louis, Missouri, before Wallace Cooper, the Trial Examiner duly designated by the Board. The Company was represented by counsel , the Union by its president ; all participated in the hearing. Full opportunity to be heard , to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties . During the course of the hearing, counsel for the Union moved to amend its amended petition in regard to formal matters. The Trial Examiner reserved ruling thereon. They motion is hereby granted. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case , the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Monsanto Chemical Company is a Delaware corporation with its general offices at St. Louis, Missouri. It maintains 11 plants located in the States of Missouri, Illinois, Massachusetts, West Virginia, Vir- ginia, Alabama, New Jersey, and Tennessee. This proceeding is concerned solely with its plant at St. Louis, Missouri, where it is engaged in the manufacture and sale of fine chemicals, pharmaceuti- cals, intermediates, and other chemical products. During 1939 the Company purchased raw materials for use in its St. Louis plant valued in excess of $500,000, approximately 95 per cent of which were shipped to it from points outside the State of Missouri. During this same period, the Company produced finished products at its St. Louis plant valued in excess of $1,000,000, approxi- mately 80 per cent of which were shipped by it to points outside the State of Missouri. The Company admits that the St. Louis plant is engaged in interstate commerce within the meaning of the Act. H. THE ORGANIZATION INVOLVED Chemical Workers' Union No. 21536 is a labor organization affiliated with the American Federation of Labor. It admits to membership all hourly paid employees at the St. Louis plant of the Company, includ- MONSANTO CHEMICAL COMPANY 751 ing head operators, lead men, and pushers, but excluding supervisory employees, plant policemen, laboratory employees, and relief night superintendents. III. THE QUESTION CONCERNING REPRESENTATION On July 2,1940, the Union wrote to the Company claiming to repre- sent a majority of its; employees and requested a conference for the purposes of collective bargaining. Pursuant to this request, a confer- ence was held between the Union and the Company, at which time the Company suggested that an election be held by the Board to prove the Union's claim to a majority. A statement of the Regional Direc- tor introduced at the hearing shows that the Union represents a sub- stantial number of employees ill the unit which it alleges is appropriate.' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company, described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union and the Company agreed that the appropriate unit should include all employees in Plant A of the Company who are paid on .an hourly basis in the production, maintenance, power, service, warehouse, and shipping divisions, including all head operators, lead men, and pushers, but excluding foremen, assistant foremen, members of the plant police force, plant office porters, temporary employees, perma- nent laboratory employees, relief night superintendents, and watchmen. However, as to certain other employees, they are in disagreement. We shall consider the special groups sought by the parties to be included and excluded from the unit. The Union seeks to exclude from the unit J. Jones, I: W. Jones, W. Howard, G. O. Crenshaw, F. J. Harris, H. T. Bailey, W. J. Jones, W. Stovall, O. Bell, and W. Smith on the ground that they are tempo- 1 The Regional Director's statement shows that 431 employees of the 882 employees on the August 7, 1940, pay roll of the Company have signed authorization cards or member- ship application cards in the Union. 752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rary employees and fall within one of the excluded classifications set out above. The Company asks that they be included in the unit. These employees were hired by the Company within the first 5 months of 1940 and, with the exception of Stovall, have been working an average of 21 to 34 hours weekly since the date of their hiring. The Company stated that it hires all of its employees as temporary workers with the understanding that they will become permanent when a vacancy occurs and that, with the exception of Stovall, it is the Company's intention to give all of the above-named employees full-time employment. We find that the above-named employees, with the exception of Stovall, should be included in the unit. J. D. Forester, William Smith, and F. W. Capanas are classified by the Company as temporary laboratory workers. The Union seeks to exclude these employees from the unit while the Company asks that they be included. These three employees were transferred by the Company from production work to laboratory work in February 1940 because of an increase in the amount of work in the laboratory. The permanent laboratory employees are all college graduates and work on a monthly salary. Although these employees are paid on an hourly basis, they have all studied chemistry and the Company testi- fied that they will be employed in the laboratory as long as their work is required there and that there was a chance of their becoming permanent laboratory employees. Under these circumstances, we shall exclude them from the unit. A. J. Bacher,•L. J. Purkey, and P. J. Politte are classified by the Company as temporary watchmen. The Union asks that they be excluded from the unit while the Company asks that they be included. It will be noted that the parties are in agreement as to the exclusion of the permanent watchment. These employees were transferred to the position of watchmen in the early part of 1940 because of illness or lack of work in their regular departments, and they were employed as watchmen at the time of the hearing. Although the Company testified that these employees might return to their production jobs, it stated that, due to the increase in national defense orders, it has increased and contemplates further increases in its staff of watchmen. Under these circumstances, we shall exclude these employees from the unit. J. M. Ruddy, E. Picher, and R. J. Keaty are classified by the Com- pany as plant switchboard operators. The Union asks that they be excluded from the unit. The Company desires their inclusion. These employees operate telephone switchboards in the plant before and after regular office hours. In addition to their duties as switchboard operators they do clerical work with respect to the time cards and pay rolls. We shall exclude these employees from the unit. MONSANTO CHEMICAL COMPANY 753 J. J. Carney is classified by the Company as a machinist. In 1936 the Company set up a' small machine shop next to one of the plant gates so that, in addition to his regular duties as a machinist, Carney could guard the'gate. The Union seeks to exclude him from the unit and the Company desires his inclusion. Although a small portion of his time is devoted to the duties of a watchman, his pay is that of a machinist. We shall include Carney in the unit. H. G. Klein is classified by the Company as a clerk in the plant office. The Union seeks to exclude him from the unit and the Com- pany desires his inclusion. Klein is attached to the drafting room and his duties consist of tracing and filing blueprints. In accordance with our usual custom of excluding clerical employees from a unit of production and maintenance employees; we will exclude Klein from the unit. Charles Bressler is classified by- the Company as a service depart- ment employee. The Union seeks his exclusion from the unit. The Company asks that he be,included in the unit. Although Bressler has been employed by the Company as a production worker since 1923, in the early part of last winter he contracted neuritis which made it impossible for him to continue his duties as a production employee. At his request, the Company transferred him to the service depart- ment. Along with his duties of cutting grass in the Company's yard, he also watches one of the plant gates 11/2 hours a day. The Company stated that upon his recovery from his illness he will be reemployed as a production worker. We shall include Bressler in the unit. L. F. McCullough is classified by the Company as a garage mechanic. The, Union seeks to exclude him from the unit on the ground that lie is a supervisory employee. The Company denied that McCullough had any supervisory status. He'takes care of the plant'tractors and trucks and is the only mechanic employed by the, Company. Although he at times directs a helper, he is not listed on the Company's lists of supervisory employees. We shall include McCullough in the unit. L. S. Becker, Paul Stevenson, and R. Egger are classified by the Company as dispensary attendants. The Union seeks to exclude these employees from the unit. The Company desires their inclusion. These employees are in charge of the Company's first-aid department and take care of all minor injuries in the plant. Inasmuch as their duties as dispensary attendants do not consume all of their working time, they also do clerical work. We shall exclude these employees from the unit. E. P. Stretch is employed by the Company in the warehouse, time office, and packing room. The Union seeks to exclude him from the unit on the ground that he is a clerical employee. The Company desires his inclusion. Stretch spends approximately one-half of his 323428-42-vol. 27-49 754 DECISIONS OF NATIONAL LABOR RELATIONS BOARD working time on the Company 's bonus system, one-fourth of his time in the time office, and one-fourth of the working time in the packing room. All of his duties in connection with these three departments are purely clerical in nature. We shall exclude him from the unit. A. Schwab is classified by the Company as a pipe fitter in the mechanical department . The Union contends that he should be ex- cluded from the unit because he is, a supervisory employee. The Company denied that Schwab was employed 'by it in any supervisory capacity. Although it appears that he was listed as an assistant fore-, man by the Company in November 1938, there is no evidence that he is so listed at this time . In the absence of any evidence as to the nature of Schwab's supervisory duties at the time of the hearing, we conclude that he is not a supervisory employee . We shall include him in the unit. Miss Carmack, C. L. Starks, Mr. Ahlquist, W. E. Smith, and W. W. Stevenson are employed by the Company in various clerical capacities. The Union contends that these employees should be excluded from the unit. The Company desires their inclusion . In accordance with our usual custom, we shall exclude these clerical workers from the unit. Eddie Wicks, Wilton Walls, and Whitley are employed by the Company as janitors. The Union seeks to 'exclude these employees from the unit . The Company desires-their inclusion. As noted above, 1 he parties have agreed on the inclusion of service department em- ployees in the unit . We find that these employees should be included in the unit. We find that all employees of Plant A of the Company who are, paid on an hourly rate basis in the production , maintenance, 'power, service, warehouse, and shipping divisions , including all head opera- tors, lead men , and pushers , but excluding foremen, assistant foremen, members of the plant police force, plant office porters , temporary em- ployees, permanent laboratory employees , relief night superintendents, watchmen, and clerical employees , constitute a unit appropriate for the,purposes of collective bargaining and that such unit will insure to the employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the represen- t ation of employees of the Company can best be resolved by an election, by secret ballot. The parties agreed at the hearing that, in the event the Board directed an election, eligibility of employees to vote should MONSANTO CHEMICAL COMPANY - 755 he determined by the Company's pay roll of September 18, 1940. We find that those employees of the Company within the appropriate unit whose names appear on the Company's pay roll of September 18, 1940, shall be eligible to vote, excluding those who have since quit or been discharged for cause. Upon the basis of the above findings of fact and upon the entire iecord in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Plant A of Monsanto Chemical Company,. St. Louis, Missouri, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. - 2. All employees of Plant A of the Company who are paid on an hourly rate basis in the production, maintenance, power, service, ware- house, and shipping divisions, including all head operators, lead men, and pushers, but• excluding foremen, assistant foremen, members of the plant police force, plant office porters, temporary employees, per- manent laboratory employees, relief night superintendents, ' watch- men,- and clerical employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b' of the National Labor Relations Act. 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is, hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Monsanto Chemical Company, St. Louis, Missouri, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direc- tion and supervision of the Regional Director for the Fourteenth Region, acting in this matter as agent for the National Labor Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations, among all employees of Plant A of the Company who are paid on an hourly rate basis in the production, maintenance, power, service, warehouse, and shipping divisions, whose names appear on the Company's pay roll of September 18, 1940, including all head operators, lead men, and pushers, but excluding foremen, assistant foremen, members of the plant police force, plant office porters, tem- 756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD porary employees, permanent laboratory employees, relief night super- intendents, watchmen, clerical employees, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Chemical Workers''Union No. 21536, affiliated with the American Federation of Labor, for the purposes of collective bargaining.