American Cyanamid & Chemical Corp.

In the Matter of AMERICAN CYANAMID & CHEMICAL CORPORATION,. SELDEN DIVISION and LOCAL No. 12059, DISTRICT No. 50, UNITED- MINE WORKERS OF AMERICA Case No. R-2375.-Decided March 22, 1941 - Jurisdiction : chemical products manufacturing industry. Investigation and Certification of Representatives : existence of question: stip- ulated ; election unnecessary : Company agreeable to certification on the record Unit Appropriate for Collective Bargaining : all production and maintenance, employees of the Company at its Selden Division plant, excluding salaried supervisors, assistant supervisors, confidential salaried employees, foremen, head workmen, and watchmen ; no controversy as to. Mr. Henry C. Little, of New York City, for the Company. Mr. Thomas W. Shane, Jr., of Pittsburgh, Pa., for the Union. Miss Mary E. Perkins, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On February 7, 1941, Local No. 12059, District No. 50, United' Mine Workers of America, affiliated with the Congress of Indus- trial Organizations, herein called the Union, filed with the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania) a peti- tion alleging that a question affecting commerce had arisen concern- ing the representation of employees of American Cyanamid & -Chemical Corporation, herein called the Company, at its Seldeli Division plant, 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 February 26, 1941, 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 an investigation and authorized the Regional Director to conduct it and, to provide for an appropriate hearing upon due notice. 30 N. L. R. B., No. 78. 526 AMERICAN CYANAMID & 'CHEMICAL CORPORATION 527 On February 27, 1941 , the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to the notice , a hearing was held on March 7, 1941, at Pittsburgh , Pennsylvania, before Robert •H. Kleeb , *the =Trial Examiner duly designated by the Chief Trial Examiner . The Com- pany was represented by counsel and the Union by its representa- tive; both participated in the hearing . Full opportunity to be heard, to examine and to cross-examine witnesses, and to introduce evidence bearing on the issues was afforded both parties . During the course of the hearing the Trial Examiner made no rulings on motions or objections to the admission of evidence. Upon the entire record 'in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY American Cyanamid & Chemical' Corporation is a Delaware cor- poration authorized to do business in the Commonwealth of Penn- sylvania. It is a wholly owned subsidiary of American Cyanamid Company, which has several other subsidiaries , all of them engaged in the business of manufacturing and selling chemicals and chemical products. The Company is engaged in the manufacture , sale, and distribu- tion of a large number of chemicals and chemical products and operates approximately 20 plants in various States of the United States, including New Jersey, Pennsylvania, Illinois, Michigan, Tennessee, Georgia, South Carolina , and California. At its Selden Division plant in Bridgeville, Pennsylvania , which alone is here involved , the Company used in 1940 over one million dollars worth of raw materials , approximately 84 per' cent of .which were obtained outside Pennsylvania. During the same period the Company's total sales of finished products from its Selden Division plant exceeded- one million dollars, over 60 per cent of which products were sold and shipped to points outside of Pennsylvania. The Company employs approximately 430 persons at its Selden Division plant. H. THE ORGANIZATION INVOLVED Local No. 12059, District No. 50, United Mine Workers of Amer- ica, is a labor organization affiliated with the Congress of,Industrial Organizations, admitting to membership production and mainte- nance employees of the Company. 528 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION It was stipulated at the hearing that the Union has requested the Company to recognize it-as exclusive bargaining agent for all pro- duction and maintenance employees at the Selden Division plant and that the Company declined so to recognize it until it should be cer- tified by the Board. From a' statement of the Regional Director introduced in evidence and from testimony of a field examiner of the Board, it appears, that a substantial number of the Company's employees at this plant have designated the Union as their bargain- ing agent.' We find that a question has arisen concerning the representation' of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION ON 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union contends that the appropriate unit should consist of all production and maintenance employees excluding salaried super- visors, assistant supervisors, confidential salaried employees,2 fore- men, head workmen, and watchmen at the Selden Division plant of the Company. The Company has no objection to this unit. It appears that the Union is limited to employees of the Com- pany at its Selden Division plant, and admits to membership all' employees in the unit requested. No other labor organization seeks to represent these employees of the Company. Under the circum- stances we see no reason for departing from the desires of the Union. We find that all production and maintenance employees exclud- ing salaried supervisors, assistant supervisors, confidential salaried employees, foremen, head workmen, and watchmen at the Selden Division plant of the Company constitute a unit appropriate' for the purposes of collective bargaining and that said unit will insure ' The Regional Director 's statement shows that 262 persons who have signed application cards for membership in the Union were on the Company ' s pay roll for the period ending January 11 , 1941. All these cards have been signed since July 15, 1937 , the date on which the Union was chartered The Company employed 427 persons on December 28, 1940. 2It was stipulated at the hearing that the Union means to include in the classification "confidential salaried employees" all present employees wbo are paid on a salary basis and all,employees who may in the future do work comparable to that now being done by such employees and who are likewise paid on a salary basis AMERICATT CYANAMID & CHEMICAL coRPooRATioA . 529 to employees of -the - Company the -full benefit of their right to self- organization and,collective bargaining and otherwise effectuate the policies of the Act. - VI. THE DETERMINATION OF REPRESENTATIVES The Union desires certification on the record. The Company is, agreeable to such certification and has stipulated that a majority of the employees in the, unit herein found to be appropriate have requested membership in the Union. Evidence was introduced at the hearing showing that a majority of the employees in the unit found to be appropriate have requested membership in the Union and have designated it as,their representative for the purposes of collective bargaining. We shall certify the Union as the exclusive representative of these employees. Upon the basis of the above findings of fact and upon the entire record 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 American Cyanamid & Chemical Corpora- tion, at its Selden Division plant, Bridgeville, Pennsylvania, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company at its Selden Division plant, excluding salaried supervisors, assist- ant supervisors, confidential salaried employees, foremen, head work- men, and watchmen constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section .9 • (b) of- the National Labor Relations Act. 3. Local No. 12059, District No. 50, United Mine Workers of America, affiliated with Congress of Industrial Organizations, has been designated and selected by a majority of the employees in the above unit as their representative'for the purposes of collective bar- gaining and is the exclusive representative of all the employees in said unit, within the meaning of Section -9 (a) of the National' Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section, 9 (c) of the National Labor Re- lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series- 2, as amended, 530 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT Is HEREBY CERTIFIED that Local No. 12059, District No. 50, United Mine Workers of America, affiliated with Congress of Indus-, trial Organizations, has been designated and selected by a majority of the production and maintenance employees of American Cyana- mid & Chemical Corporation at its Selden Division plant in Bridge- ville, Pennsylvania, excluding salaried supervisors, assistant supervisors, confidential salaried employees, foremen, head workmen, and watchmen, as their representative for the purposes of collective bargaining, and, that, pursuant to the provisions of Section 9 (a) of the Act, Local No. 12059, District No. 50, United Mine Workers of America, f affiliated with Congress of Industrial Organizations, is the exclusive representative of all such employees for the pur- poses of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. _