Air Reduction Sales Co.

National Labor Relations Board - Board Decisions

Oct 10, 1942

44 N.L.R.B. 1057 (N.L.R.B. 1942)

In the Matter of AIR REDUCTION SALES COMPANY and LOCAL 12234,
AFFILIATED WITH UNITED GAS, COKE & CHEMICAL WORKERS OF
AMERICA
Cases Nos. R-4.78 and R-4279.-Decided October 10, 194.
Jurisdiction : gas manufacturing industry.
Investigation and Certification of Representatives : existence of questions : re-
fusal to accord any organization - recognition until certified by the Board`;
contracts about to expire held no bar; elections necessary.
Units Appropriate for Collective Bargaining : (1) all employees at Company's
East Chicago, Indiana, plant, excluding superintendents and truck drivers;
(2) all employees (watchmen) at Company's Blue Island warehouse ; stipu-
lations as to.
Mr. D. F. McCandlish, of Chicago, Ill., for the Company.
Mr. George A. Seeglitz, ,of Chicago, Ill., and Mr. Cecil Martin, of
Joliet, Ill., for the Local. .
Messrs. Vernon Ford and Jack Battuelo, of Chicago, Ill., for the
U. M. W.
Mr. A. Su'aner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Local 12234, affiliated with United
Gas, Coke & Chemical Workers of America,' herein called the Local,
each alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Air Reduction Sales Com-
pany, East Chicago, Indiana, and Blue Island, Illinois, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Lester Asher, Trial Ex-
aminer. Said hearing was held at Chicago, Illinois, on September
6, 1942. The Company, the Local, and United Mine Workers of
I The petition and other formal papers refer to the affiliated union as National Council,
Gas, Coke & Chemical Workers, Independent. The name of the union has since been
changed to United Gas, Coke & Chemical Workers of America. The caption and other
formal papers have accordingly been corrected.
44 N L II B, No 201.
457498-42-vol. 44-67
1057
1058 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
America, District No. 50, herein called the U. M. W., appeared, par-
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and.are hereby affirmed.
Upon the entire record in the case, the Board makes the following:,
FINDINGS 'OF FACT
I. THE BUSINESS OF THE COMPANY
Air Reduction- Sales Company, a subsidiary of Air Reduction
Company, Inc., of New York City, has its principal,place of business
,,in Chicago, Illinois, and operates a number of plants in the sur-
rounding area where it produces acetylene, oxygen, and other atmos-
pheric gases. The only plants involved in these proceedings consist
of a plant known as Acetylene Plant #180, located at East Chicago,
Indiana, and a warehouse located at Blue Island, Illinois. During
the current year substantial quantities of raw materials have been
shipped to plant #180 at East Chicago, Indiana, and to the warehouse
at Blue Island, Illinois, from points outside the States of Indiana and
Illinois, respectively. During the same period, 'substantial quanti-
ties of products have been shipped from plant #180 at East Chicago,
Indiana, and from the warehouse at Blue Island, Illinois, to points
outside the States of Indiana and Illinois, respectively.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Local 12234 is a labor organization affiliated with United Gas,
Coke & Chemical Workers of America, admitting to membership em-
ployees of the Company.
United Mine Workers of America, District No. 50, is a labor organi-
zation admitting to membership employees of the Cofnpany.
III. THE QUESTIONS CONCERNING REPRESENTATION
Shortly before the filing of the present petitions, both the Local
and U. M. W. requested that the Company bargain collectively. The
Company, however, declined to bargain until after the question of
representation had been determined by the Board.
The U. M. W. contends that the present proceedings are barred by
reason of contracts between the Company and the U. M. W. covering
the employees in the plants herein involved. The contracts, both
dated November 15, 1941, are between the Company and "District 50,
'AI'R REDUCTION. SALES COMPANY - 1059
United Mine Workers of America, affiliated with the Congress of
Industrial Organizations" and provide-for a closed-shop bargaining
agency-for vperiod extending from November 15,,1941, to November
15, 1942, subject to automatic renewal from year to year "unless either
party gives to the other thirty (30), days written, notice-prior to any
anniversary date to terminate or modify this agreement."
Subsequent to the signing of these contracts, the Local, which had
been affiliated with the U. M. WWW., voted on May 7, 1942, to withdraw
its affiliation, and later applied for a charter from the-United Gas,
Coke & Chemical Workers of America. Thereafter on July 20, 1942,
the Local; acting as an affiliate of the United Gas, Coke &'Chemical
Workers of America, notified the Company by letter of its desire to
modify the contracts of November 15, 1941. In addition, the U. M. W.
likewise notified the Company in writing on August 12, 1942, that
ft desired a wage adjustment with respect to the two plants under
contracts with the U. M. W. -
Since notice of intention to modify the contracts has been given in
accordance with the provisions of the contracts, and since the con-
tracts will shortly expire, we find that they are not a bar to an investi-
gation and-certification of representatives.'
A statement prepared by the Regional Director and introduced- in
evidence at the hearing, indicates that the Local represents a- sub-
stantial number of employees in the unit hereinafter found to be
appropriate.3
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
We find, in accordance with stipulations of the parties , that all
employees of the Company at its East Chicago, Indiana, plant, ex-,
2 See 111atter of Ralston Steel Car Company and Steel Woi leers Organizing Committee,
40 N L R B 1101
3 The Regional Director reported that in the case involving the East Chicago plant, the
Local had submitted six designations, stating that the undersigned had withdrawn from
membership in and affiliation with Dish let No 50 and applied for menibeiship in the
National Council, now the United Gas, Coke & Chemical Woikers of America, which was
authouzed to act as representative in all matters concerning wages,-hours, and other
working conditions; that all six designations bore apparently genuine original signatures
of persons whose names are on the Company's pay roll of August 14, 1942, containing the
names of six persons within the alleged appropriate unit ; that of the six designations
two were dated July 28, 1942, three dated July 24, 1942, and one undated. The Regional
Director further *reported that in the case involving the Blue Island warehouse, the Local
had submitted four designations, three of which were in the same form as those previously
referred to, and one in a form which requested membership in the National Council but
omitted any statement of withdrawal of affiliation from District No. 50; that all four
designations bore apparently genuine` original signatures of persons whose names are
on the Company 's pay roll of August 14 , 1942 , containing the names of four persons
within the . alleged appropriate unit , that, of the- four designations , two wereidated July 28,
1942, one dated July 29, 1942 , and one undated. •
1060 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD i
eluding' superintendents and truck drivers, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act, and that all employees of the Company
at its Blue Island warehouse,4 constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act..
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by separate elections by secret ballot among
the employees in the appropriate units who were employed during
the pay-roll period immediately preceding the date of the Direction
of Elections herein, subject to the limitations and additions set forth
in the Direction.
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 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 to ascertain representa-
tives ,for the purposes of collective bargaining with Air Reduction
Sales Company, East Chicago, Indiana, and Blue Island, Illinois,
separate elections by secret ballot shall be conducted not later than
thirty (30) days from the date of this Direction, under the direction
and supervision of the Regional Director for the Thirteenth Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article'III, Section 9, of said Rules and Regulations,
among the employees 'in the units found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including any such employees
who did not work during such pay-roll period because they were ill
or on, vacation or in the active military service or training of the
United States, or, temporarily laid off, but excluding any who have
since ' quit or been discharged for cause, to determine whether they
desire to be represented by Local 12234, affiliated with United Gas,
Coke & Chemical Workers of America, or by United Mine Workers
of America, District No. 50, for the purposes of collective bargaining,
or by neither.
MR. WM. M. LEISERSON took no part in the consideration of the
above Decision and Direction of Elections.
4 The only employees at the warehouse are four watchmen, none of whom has duties of
a supervisory character.