Allied Chemical and Dye Corp.

National Labor Relations Board - Board Decisions

Jun 16, 1942

41 N.L.R.B. 1035 (N.L.R.B. 1942)

In the Matter of NATIONAL ANILINE DIVISION, ALLIED CHEMICAL AND
DYE CORPORATION and DISTRICT 50, -UNITED MINE WORKERS OF
AMERICA, LOCAL 12330 -
In the Matter of NATIONAL ANILINE DIVISION, ALLIED CHEMICAL AND
DYE CORPORATION and ASSOCIATED WELDERS OF WESTERN NEW YORK,
INC.
Cases Nos. R-3606 and R-3607, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OY REPRESENTATIVES
June 16,19/
On May 113, 1942, the National Labor Relations Board issued a De-
cision and 'Direction of Elections in the above-entitled proceedings.,
Pursuant to the Direction of Elections, elections by secret ballot were
conducted on June 3, 1942, under the direction and supervision of the
Regional Director. for the Third Region (Buffalo, New York). On
June 4, 1942, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, issued and duly served upon the parties an
Election Report. No objections to the conduct of the ballots or to
.the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Welders, combination welders and lead burners, and welders'
apprentices
Total on eligibility list------------------------------------- 20
Total ballots cast----------------------------------------- 20
Total ballots challenged----------------------------------- 0
Total blank ballots---------------------------------------- 0
Total void ballots---------------------------------------- 0
Total valid votes counted---------------------------------- 20
Votes cast for Associated Welders of Western New York, Inc_ 18
Votes cast for National Aniline Employees Union----------- 0
Votes cast for District 50, United Mine Workers of America,
Local12330--------------------------------------------- 1
Votes cast for None--------------------------------------- 1
140 N. L. R. B. 1351.
41 N. L. R. B., No. 130
1035
1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Remaining production and maintenance employees
Total on eligibility list------------------------------------ 1,591
Total ballots cast-------------------------------- --------- 1,443
Total ballots challenged----------------------------------- 9
Total blank ballots---------------------------------------- 2
Total void ballots----------------------------------------- 8
Total valid votes counted---------------------------------- 1,424
Votes cast for National Aniline Employees Union ----------- 108
Votes cast for District 50, United Mine Workers of America,
Local 12330-------------------------------------------- 1,252
Votes cast for Neither------------------------------------- 64,
In the Decision and Direction of Elections previously referred to,
the Board made no final determination as to the appropriate units.
The Board there stated :
If a majority of the welders, combination welders and lead
burners, and welders' apprentices select the Welders as their
representative, they will constitute- a separate unit; if a majority
of them choose the same representative as is chosen by a majority
of the remaining production and maintenance employees, then the
welders, combination welders and lead burners, and welders' ap-
prentices, shall be included in the larger industrial unit.
Upon the basis of the entire record in the case, the Board makes the
following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all welders, combination welders and lead burners, and
welders' apprentices employed by the Company, excluding foremen
and supervisors, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
We also find that all production and maintenance employees of
the Company, including operators A, mechanical pushers and labor
pushers who are hourly paid, but excluding executives, office em-
ployees, restaurant employees, confidential clerks, chemists and their
assistants, research employees, salaried employees, foremen and super-
visors, technical engineers, uniformed policemen, watchmen, first-aid
employees, welders, combination welders and lead burners, and weld-
ers' apprentices, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the 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 Rela-
tions 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,
NATIONAL ANILINE DIVISION 1037
IT IS HEREBY CERTIFIED that Associated Welders of Western New
York, Inc., has been designated and selected by a majority of all
welders, combination welders and lead burners, and welders' appren-
tices employed by National Aniline Division, Allied Chemical and
Dye Corporation, Buffalo, New York, excluding foremen and super-
visors, as their representative for the purposes of collective bargain-
ing, and that pursuant to Section 9 (a) of the National Labor Rela-
tions Act, Associated Welders of Western New York, Inc., is the
exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.
IT IS FURTHER CERTIFIED that District 50, United Mine Workers of
America, Local 12330, has been designated and selected by a majority
of all production and maintenance employees of National Aniline Divi-
sion, Allied Chemical and Dye Corporation, Buffalo, New York, in-
cluding operators A, mechanical pushers and labor pushers who
are hourly paid, but excluding executives, office employees, restaurant
employees, confidential clerks, chemists and their assistants, research
employees, salaried employees, foremen and supervisors, technical
engineers, uniformed policemen, watchmen, first-aid employees,
welders, combination welders and lead burners, and welders' appren-
tices, as their representative for the purposes of collective bargaining,
and that pursuant to Section 9 (a) of the National Labor Relations
Act, District 50, United Mine Workers of America, Local 12330,
is the exclusive representative of all such employees for the purposes
of collective bargaining with respect to rates of pay, wages, hours
of employment, and other conditions of employment.