American Cyanamid & Chemical Corp.

National Labor Relations Board - Board Decisions

May 15, 1941

31 N.L.R.B. 883 (N.L.R.B. 1941)

In the Matter of AMERICAN CYANAMID & CHEMICAL CORPORATION and
UNITED MINE WORKERS OF AMERICA, DISTRICT #50, LOCAL 12,217,
AFFILIATED WITH THE C. I. O.
Case No. R-24186.=Decided May 15,1941
Jurisdiction : chemical products manufacturing industry.
Investigation and Certification of Representatives : existence of question: stip-
ulated ; election necessary.
Unit Appropriate for Collective Bargaining : production, maintenance, and ship-
ping employees, including watchmen and firemen,.but excluding foremen, office
and laboratory employees, and executives ; stipulation as to.
Mr. Henry C. Little, of New York City, for the Company.
Mr. Samuel Gruber, of Stamford, Conn., for the Union.
'Mr. Herbert Shenki'n, of counsel to the Board.
DECISION
AND
• r
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 26, 1941, United Mine Workers of America, District
#50, affiliated with the C. I. 0., herein called the Union, filed with the
Regional Director for the Second Region' (New York City) an
amended petition 1 alleging that a question affecting commerce had
arisen concerning the representation of employees of American Cyan-
amid &. Chemical Corporation, Waterbury, Connecticut, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On March 21, 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 Labof Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation, and authorized the Regional
1 The original petition in this case was filed by International Union of Mine , Mill and
Smelter Workers (C. I. 0.) on February 13, 1941. On February 17, 1941, jurisdiction over
the Company 's employees was transferred to the Union . The Company stipulated at the
hearing that both organizations were treated as one by the Company and that the Company
had notice of the jurisdictional transfer . The local union number , 12,217, was not assigned
to the Union until after the amended petition was filed. -
31 N. L R. B., No. 147.
441843-42-vol. 31-57 - 883
884 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On March 31, 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, and amended notices postponing the date of the
hearing, a hearing was held on April 22, 1941, at Stamford, Connecti-
cut, before Christopher W. Hoey, the Trial Examiner duly desig-
nated by -the Chief Examiner. - The Company and the Union were
represented by counsel and participated in the hearing.- Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
The Board has reviewed the various rulings of the Trial Examiner and
finds that no prejudicial errors were committed.
Upon the entire record in the case the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
American Cyanamid & Chemical Corporation is a Delaware cor-
poration with its principal office and place of business in New York
r City.
It is engaged in the manufacture, sale, and 'distribution of a
large variety of chemical products used chiefly in industrial fields.
The Company operates about 20 plants located in various parts of the
United States. The present proceeding concerns only the Waterbury,
Connecticut, plant. During 1940 the gross value of raw materials
used by the Company at the Waterbury plant amounted to approxi-
mately $250,000, of which more than 95 per cent were shipped to the
Waterbury plant from points outside the State of Connecticut.
The gross value of the Company's production at the Waterbury plant
during 1940 amounted to more than $400,000, of which more than 65
per cent was shipped to points outside the State of Connecticut.
H. THE ORGANIZATION INVOLVED
United Mine Workers of America, District #50, Local 12,217, affili-
ated with the C. I. 0., is a labor organization admitting to membership
production and maintenance employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union requested exclusive bargaining rights of the Company
by a letter dated January 15, 1941. The Company, refused to accord
such recognition to the Union until it had been certified as such
representative by the Board. The parties stipulated at the hearing
that a question concerning representation had arisen.
AMERICAN CYANAMID & CHEMICAL CORPORAT10N 885
A statement of the Regional Director introduced into evidence
indicates that a substantial number of the Company's employees within
the unit alleged and hereinafter found to be appropriate have desig-
nated the Union as their bargaining representatives.'
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 rela-
tion 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
In accordance with the stipulation of the parties at the hearing,
we find that all production, maintenance, and shipping employees,
including watchmen and firemen, but excluding foremen, office and
laboratory employees, and executives, 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 effec-
tuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Union requests certification upon the record made at the hear-
ing; the Company has no objection to this being done. However;
upon consideration of all the circumstances in the case, we find
that the question concerning representation which has arisen can best
be resolved by an election by secret ballot.3 We shall direct that all
employees of the Company in the appropriate unit who were employed
during the pay-roll period.last preceding this Direction of Election,
subject to such limitations and additions as are set forth in the Direc-
tion, shall be eligible to vote. -
2 The Regional Director 's statement , dated March 5, 1941, indicates that she had exam-
ined 27 applications for membership in the Union, all of which were dated during February
1941. The Regional Director further reported that all the signatures appeared to be genu-
ine and that the name of each of the 27 persons who had signed applications for member-
ship in the Union appeared on the Company 's pay roll of February 15, 1941 The record
indicates that there were 42 employees in the appropriate unit at this time.
3 See Matter of Armour d Company, 13 N. L R B. 567.
886 DE 'CISII'ON'S OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above findings of fact and 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, Waterbury, Connecticut, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
2. All production, maintenance, and shipping employees, including
watchmen and firemen, but excluding foremen, office and laboratory
employees, and executives, constitute a unit appropriate for the pur-
poses 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 American Cyanamid & Chemical Corporation, Waterbury, Con-
necticut, 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 of Election, under the direction and supervision of the
Regional Director for the Second 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 all production,
maintenance, and shipping employees employed by the Company
during the pay-roll period immediately preceding the date of this
Direction of Election, including watchmen and firemen, and any
employees who did not work during said 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 foremen,, office
and laboratory employees, and executives,'and any employees 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, Local 12,217, affiliated with the C. I. 0., for the pur-
poses of collective bargaining.
MR. EDWIN S. SMITH, dissenting :
The Union produced evidence at the hearing showing that it had
at least 29 members in the appropriate unit as of the date of the
AMERICAN CYANAMID & CHEMICAL CORPORATION 887
hearing. The Company checked signatures on Union, membership
cards against cancelled pay-roll checks and agreed that they were
genuine. Since pay-roll . checks for the past 4 or 5 weeks were
not available the Company could not check additional membership
cards produced by the Union. However, at the hearing the Com-
panyagreed that there were not more than 51 persons in the appro-
priate unit. - Since the Union requests certification,. and since the
Company's representative stated that this was satisfactory to the
Company, I would certify the Union on the basis of this evidence.4
`See my dissenting opinions in Matter of The Cudahy Packing Company , 13 N L. R. B.
526, and Matter of Armour cE Company , 13 N. L . B. B. 567