General Chemical Co.

In the Matter of GENERAL CHEMICAL COMPANY and UNITED MINE WORKERS OF AMERICA, DISTRICT 50, C. I. O. in the Matter of GENERAL CHEMICAL COMPANY and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS, LOCAL 676, A. F. L. Cases 2Vos. R-2423 and R-2424.-Decided April 28, 1941 Jurisdiction : insecticide and fungicide manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord union recognition; dispute as to appropriate unit; existing contract with one of the unions not asserted as a bar; election necessary. Units Appropriate for Collective Bargaining : separate units comprising respec tively: (1) production and maintenace employees, including watchmen and hourly rated working foremen, but excluding truck drivers, 'truck drivers' helpers, and other employees of the-warehouse department, laboratory em- ployees, salaried supervisory and clerical employees, and the utility and safety man; (2) employees of the warehouse department, including truck drivers, truck drivers' helpers, warehousemen, platform men, shipping and receiving employees, the two tractor drivers who are listed as yard employees, and garage mechanics, but excluding salaried supervisors. Duane, Morris c Heckseher, by Mr. Martin Reed and Mr. Morris Duane, of Philadelphia, Pa., for the Company. Mr. Herman Edelsberg, of Washington, D. C., for the U. M. W. A. Mr. Albert K. Plone, of Camden, N. J., for the Teamsters. Miss Ann Landy, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 14, 1941, United Mine Workers of America, District 50, C. I. 0., herein called the U. M. W. A., and on March 20, 1941, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local 676, A. F. L., herein called, the Teamsters, filed separate petitions with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) alleging respectively that 'a question affecting commerce had arisen concerning the representation of em- 31 N. L. R. B., No. 64. 413 414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees of General Chemical Company, Camden, New Jersey, herein called the Company, and requesting an investigation and certifica- tion of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 18 and March 22, 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 in each case and authorized the Regional Director to conduct it and to pro- vide for an appropriate hearing on due notice. On March 22, 1941, the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 10 `(c) (2) of the said Rules and Regulations ordered that the cases be consolidated. On March 20 and March 22, 1941, the Regional Director issued a separate notice of hearing in each case, copies of which were duly served upon the Company, and for their respective cases upon the U. M. W. A., and the Teamsters. Pursuant to the notices, a hear- ing was held at Philadelphia, Pennsylvania on March 25 and 27, 1911, before Geoffrey J. Cunniff, the Trial Examiner duly authorized by the Chief Trial Examiner. The Company, the U. M. W. A., and the Teamsters were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. 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. At the request of the Company and pursuant to notice served on all parties a hearing was held before the Board at Washington, D. C. on April 15, 1941, for the purpose of oral argument. The Company, the U. M. W. A., and the Teamsters appeared by counsel and par- ticipated in the argument. The Company also filed a brief which has been given due consideration by the Board. Upon the entire record in the case, the Board makes the following : A FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY General Chemical Company is a New York corporation. At its Camden, New Jersey, plant it is engaged in the manufacture of in- secticides and fungicides. For the year 1940 the Company pur- chased raw materials amounting to more than $250,000, 40 per cent of which were shipped from points outside New Jersey. During the GENERAL CHEMICAL COMPANY 415 same period the Company manufactured products valued at approxi- mately $1,000,000 and shipped approximately 75 per cent of such products to States other than New Jersey. II. THE ORGANIZATIONS INVOLVED United Mine Workers of America, District 50, is a labor organiza- tion affiliated with' the Congress of Industrial Organizations. It admits to membership production and maintenance employees of the Company. International Brotherhood of Teamsters, Chauffeurs, Warehouse- men, Helpers, Local 676 is a labor organization affiliated with the American Federation of Labor. It admits to membership truck drivers, truck-driver helpers, platform men, and warehousemen employed by the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 27, 1941, the Company refused, upon request, 'to recognize the U. M. W. A. as the exclusive representative of its employees at the Camden plant. On July 24, 1939, the Company and the Teamsters entered into an agreement governing the hours, wages, and working conditions of truck drivers, helpers, and platform men, employed' by the Com- pany. This contract does not expire until August 1, 1941. However, none of the parties claimed it is a bar to the present proceeding. The Company on the one hand, and the two unions on the other, disagree with respect to the scope of the appropriate collective bargaining units. There was introduced into evidence a report prepared by the Regional Director showing that the U. M. W. A. and the Teamsters represent a substantial number of employees in the respective units hereinafter found to be appropriate.' We find that questions have arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I above, have a close, intimate, and substantial 1 The Regional Director's report showed that in support of their respective claims the U M. W. A. produced application cards signed by 42 employees whose names appear on the Company 's pay roll of March 5, 1941 ; and the Teamsters submitted 25 dues record cards signed by persons v, hose names appear on the above pay roll. There are approximately 90 employees in the unit claimed by the U. M. W. A. to be appropriate and 27 employees in the unit claimed by the Teamsters. i 416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT , The U. M. W. A. and the Teamsters contend that all production and. maintenance employees including watchmen and hourly rated working foremen, but excluding truck drivers, truck drivers' helpers, warehousemen, shipping and receiving employees, laboratory em- ployees, salaried supervisory and clerical employees, and the utility and safety man, constitute one appropriate unit and that the em- ployees of the warehouse department including truck drivers, truck drivers' helpers, warehousemen, shipping and receiving employees, two tractor drivers who are listed as yard employees, and garage mechanics, but excluding salaried- supervisors, constitute another ap- propriate unit. The U. M. W. A. claims to represent the production and maintenance unit, and the Teamsters the warehouse department unit. The Company objects to the inclusion of watchmen. in the unit claimed by the U. M. W. A. It also urges that warehouse employees other than truck drivers and helpers should be in the production and maintenance unit and' not in the unit claimed by the Teamsters. The Company claims that the watchmen should be excluded from the production and maintenance unit because by reason of their duties of handling dangerous chemicals they are more representative of the management than of the employees. Inasmuch as both the unions here involved so desire, we shall include the watchmen in the bargaining unit claimed by the U. M. W. A. The reason assigned for the Company's contention that employees listed on the Company's pay roll as warehouse employees, other than truck drivers and helpers, should belong to the production and main- tenance employees' unit rather than to the unit composed of truck drivers and helpers, is that the employees of the warehouse depart- ment intermingle in the course of their work with the production ;and maintenance employees. There are 24 employees listed as em- ployees in the warehouse department,2 12 of whom are truck drivers, 6 are loaders or platform men, 3 shippers, 1 dispatcher, 1 bottler, and 1 laborer. There is no controversy with respect to the truck drivers. The duties of the loaders or platform men while not clearly described in the record, appear to be similar to those of truck drivers' helpers. The Company's contract with the Teamsters, hereinabove discussed, covered platform men as well as truck drivers and help- ers. The work of the-shippers involves receiving orders for ma- 2 The inclusion of two additional employees , tractor drivers listed as yard employees, is not disputed. GENERAL CHEMICAL COMPANY 417 terial, _getting it together and loading it in cars or trucks for shipment. The dispatcher writes up the orders, makes arrangements with trucking concerns and lines up the orders for the truck drivers according to districts. The bottlers fill bottles, carboys, and drums with liquid taken from tanks. The unit requested by the Teamsters and acquiesced in by the U. M. W. A. appears to be a reasonable one. We find that the production and maintenance employees, including watchmen and hourly rated working foremen, but excluding truck drivers, truck drivers' helpers, and other employees of the ware- house department, laboratory employees, salaried supervisory and clerical employees, and the utility and safety man, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to 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. We further find that the employees ,of the warehouse department, including truck drivers, truck drivers' helpers, warehousemen, plat- form men, shipping and receiving employees, the two tractor drivers who are listed as yard employees, and garage mechanics, but exclud- ing salaried supervisors, constitute a unit appropriate, for the pur- poses of collective bargaining and that said unit will insure to 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. TIE DETERMINATION OF REPRESENTATIVES We find that the questions which have arisen concerning the rep- resentation of employees of the Company can best be resolved by elections by secret ballot. The U. M. W. A. urged that a pay roll prior to April 15 be used as the basis for determining eligibility to vote, inasmuch as the Company's operation is at its peak on that date and that lay-offs may start thereafter. The Teamsters and the Company made no contention with respect to the eligibility date. We shall direct that all employees in the respective appropriate units, whose names appear on the Company's pay roll for the period immediately preceding the date of this Direction of Elections, subject to such limitations and additions as are set forth in said Direction, shall be eligible to vote. , 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. Questions affecting commerce have arisen concerning the rep- resentation of employees of General Chemical Company, Camden, 418. DECISIONS OF NATIONAL LABOR RELATIONS BOARD New Jersey, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relation's Act. 2. The production and maintenance employees of the Company in- cluding watchmen and hourly rated working foremen, but excluding truck drivers, truck drivers' helpers and other employees of the ware- house department, laboratory employees, salaried supervisory and clerical employees, and the utility and safety man, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. The employees of the Company's warehouse department, in- cluding truck drivers, truck drivers' helpers, warehousemen, platform men, shipping and receiving employees, the two tractor drivers who are listed as yard employees, and garage mechanics, but excluding salaried supervisors, 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 ELECTIONS 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, 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 General Chemical Company, Camden, New Jersey, elections 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 direction and supervision of the Regional Director for ,the Fourth 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 : (1) Among all production and maintenance employees who were employed by the Company during the pay-roll period last preceding the date of this Direction, including watchmen, hourly rated work- ing foremen, and all such employees who were not on said pay roll because they were ill or on vacation, or in the active military service or training of the United States, or temporarily laid off, but ex- cluding truck drivers, truck drivers' helpers, other employees of the warehouse department, laboratory employees, salaried supervisory and clerical employees, the utility and safety man, and any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Mine Workers of America, District 50, C. I. 0., for the purposes of collective bargaining; GENERAL CHEMICAL COMPANY 419 (2) Among all employees in the warehouse department, who were employed by the Company during the pay-roll period last preceding the date of this Direction, including truck drivers, truck drivers' helpers, warehousemen, platform men, shipping and receiving em- ployees, the two tractor drivers who are listed as yard employees, garage mechanics, and employees who were not on said pay roll because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but exclud- ing-salaried supervisors and any who have since quit or been dis- charged for cause, to determine whether or not they desire to be represented by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local 676, A. F. of L., for the purposes of collective bargaining. 441341-42-vo 1 31--28