Carbide and Carbon Chemicals Corp.

National Labor Relations Board - Board Decisions

Jul 31, 1944

57 N.L.R.B. 783 (N.L.R.B. 1944)

In the Matter Of CARBIDE AND CARBON CHEMI .`CALS CORPORATION and
INTERNATIONAL UNION OF OPERATING ENGINEERS , A. F. OF L.
In, the Matter of CARBIDE AND CARBON CHEMICALS CORPORATION and -
INTERNATIONAL UNION OF COMMON LABORERS , LOCAL No. 576 , AFFIL-
IATED WITH THE A . F. OF L.
Cases Nos. 9-R-1356 and 9-R-1367 respectively.Decided July, 31,
1944
Mr. William C. Treanor, of New York City, for the Company.
Mr. R. J. Jamieson; of Cleveland, Ohio, for the Engineers.
Mr. A. C. Kaiser, of Louisville, Ky., for the Laborers.
Mr. John E. Mckiernan, of Louisville, Ky., for the Rubber Workers._
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
'DIRECTION ,OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by International Union of Operating En-
gineers, A. F. of L., herein called the Engineers, and by International
Union of Common Laborers, Local No. 576, affiliated with the-
A. F. of L., herein called the Laborers, each alleging that a question
affecting commerce had arisen concerning the representation of 'em
ployees of Carbide and Carbon Chemicals Corporation, Louisville,-
Kentucky, herein called the Company, the National Labor Relations
Board consolidated the cases and provided for an appropriate hearing-
upon due notice before Charles F. McErlean, Trial Examiner. Said
hearing was held at Louisville, Kentucky, on May 31, 1944. - The
Company, the , Engineers, the Laborers, and Synthetic Rubber-
Workers' Union, Local #72, affiliated with the Distillery Workers'
International Union, herein called the Rubber Workers, appeared-
and participated. All parties were afforded full opportunity to be-
heard, to examine and cross-examine witnesses, and to introduce evi-_
deuce bearing on the issues.
57 N. L. R. B., No. 131. ' -
783
' 784, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On May 22, 1944, the Board issued a Decision and Direction 'of
Election in a prior case involving the Company,' a proceeding in which
seven petitions were consolidated. One of these petitions, Case
No. 9-R-1367, ti as filed,by the Laborers. Upon receiving informa-
tioii, of the existence of conflicting claims to the representation of
certain employees sought by the Laborers, the Board issued a Supple-
mental Decision and Order staying-the, election previously ordered
insofar as it pertained to the Laborers' unit, severing the Laborers'
petition from that case and consolidating it with the case at bar.
The Trial Examiner's rulings made at the hearing are free'fronr
prejudicial error and are hereby affirmed. All parties were afforded
an opportunity to file briefs with the Board.
Upon the entire record in the case the Board -makes the following :
FINDINGS, OF FACT
I. THE BUSINESS OF THE COMPANY
Carbide and Carbon Chemicals Corporation is a New York corpora-'
tenon which operates plants in many States, including the one involved
here at Louisville; Kentucky. This plant, is engaged in the manu-
facture of butadiene, an ingredient used in the manufacture of syn-
thetic rubber. - The principal material used by the Company in the
manufacture of butadiene is ethyl-alcohol. The value of the 'raw
materials purchased annually'by the Company exceeds $500,000, ap-
proximately 30 percent of which is obtained from sources located
outside'the State of'Kentucky. The value of the finished products
of the Company is in excess of $500,000 per annum, 'of which 5 percent
is shipped to points outside the State of Kentucky. '
The Company ad'its that it is engaged in commerce within the,
meaning of the National Labor Relations Act.
TI. THE ORGANIZATIONS INVOLVED
International Union 'of Operating Engineers, International Union
of Common Laborers, Local No. 576; and Synthetic Rubber Workers'
Union, Local #72, affiliated with the Distillery Workers' Inter-
national Union, are labor organization affiliated with the American
Federation of Labor admitting to membership employees of the
Company.
i
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to grant recognition to any of the Unions.
as the exclusive bargaining representative of its employees until it
has been certified by the Board in an appropriate, unit.
,Matter of Carbide and Carbon Chemicals Corporation, 56 N'L R B 779
CARBIDE AND CARBON CHEMICALS CORPORATION 785'
A statement of, a Board agent, introduced into evidence at the
hearing, indicates that each of the unions represents 'a substantial num_
ber of employees in the unit hereinafter found appropriate 2
'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
--In a 'prior decision 3 involving the same plant 9f the Company- the
Board dealt with the problem of establishing units appropriate for
collective bargaining within the maintenance department of the Com-
pany. In the instant case, the Unions seek appropriate units within
the Company's production department.
The Company contends that the most appropriate unit for,its plant
at Louisville would be one unit for all production and maintenance
employees; however, in view of the establishment of separate units for
the maintenance employees, the Company now contends'-that a single
unit for-its production department is appropriate.
As it maintained in the earlier case, the Laborers seeks a separate
unit comprised of all maintenance laborers in which it would'include
the coal handlers and janitors. The Company, the Engineers, and the
Rubber Workers are agreed upon the inclusion of the bulk of the pro-
duction employees, namely, the chemical operators, boiler operators,
water 'plant operators, and chemical operators (alcohol'). These
parties likewise are agreed upon the exclusion of the chief operators of
the various classifications enumerated above, as well as two classifica-
tions of employees who are a part of the maintenance department;
process safety testers and 'helpers, and stores clerks (toolroom). _
Siniliirly, all parties agree to exclude the militarized guards and
sergeants of the plant-protection department. The parties are -in
dispute, however, with respect to various classifications of employees
more fully discussed below. I
Laboratory analysts: There are presently 11 such employees who
analyze samples of materials which are drawn from various points
throughout the production units in order to insure uniformity. The
continuance of production depends directly upon these analyses and
2 The Field Examiner reported that the Engineers submitted 69 authorization cards, 68 of
which bore the names of persons appearing on the Company 's pay roll of February 12, 1944,
which contained the names of 149 employees in the alleged appropriate unit.
The, Rubber workers submitted 40 authorization cards, 25 of which bore the names of
-persons appearing on the aforesaid pay roll which contained the names of 68 employees
in the alleged appropriate unit.
The Laborers submitted 9 designations , all of which bore the names of employees whose
names appeared on the said Day roll, containing 16 names within the unit claimed to be
appropriate by the Laborers.
See footnote 1, supra.
601248-45-vol. 57-51
786 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
frequently steps in the production processes are changed or varied as
a , result thereof . Specialized college training is unnecessary for the
Company trains its analysts to perform this function in accordance,
with certain specified procedures . The Rubber Workers and the Com-
pany would include them in the unit of production employees,,tand,
the Engineers would exclude them. Since these employees perform
more or less routine tests closely related to the production process, we
shall include them within the unit.
Laboratory 'samplers : There are four employees in this classifica-
tion whose duties involve the collection of samples and their delivery
to the laboratory analysts . The Rubber Workers and the Company
would-include and the Engineers would exclude them. Since they are
part of the production process, we shall include them in the unit.
Stores clerks : There are 11 employees in this classification whose
work consists of receiving , storing, and releasing all types of materials
used by the 'Company. They are in the nature of stockroom employees.
The Rubber Workers and the. Company would include and the En-
gineers would exclude them . Since they are part of the production
department , we shall include them in the unit.
Laborers experienced ( stores ) : There are two such employees who
work with the stores clerks moving and handling materials. The
parties adopt the same positions with respect to these laborers as they
do with respect to the stores clerks. We shall include them in the
unit.
Yard clerk : There is one employee so classified who works in con-
junction with the railroad company, keeping records of incoming. and
outgoing rail shipments , and directing the spotting , of cars on the
Company's siding. The Rubber Workers and the Company would
include him , the Engineers would exclude him. We shall include
him in the unit. '
Firemen: Two firemen continually patrol the plants checking the
buildings and fire equipment.- They are used as fire fighters by the
Company and are expressly trained in fighting chemical fires.,' The
Rubber Workers and the Company would include them , the En-
gineers would , exclude them . We shall include them in the unit.
Instrument repairmen; instrument repairmen helpers: There are
five employees in these classifications . Their duties consist of repair -
ing and maintaining the large number of mechanical instruments
used by the Company. All controls are operated automatically by
means of intricate, sensitive instruments which require continuouscontinuo s
inspection , repair, and adjustment . Instrument repairmen are con-
sidered and . carried as part of the maintenance department by the
Company. The cost of their operation is charged to the maintenance
CARBIDE AND CARBON CHEMICALS CORPORATION 787
department . The Company and the Rubber Workers would exclude-'
them on the ground that they ' are not part of the production de-
partment . The Engineers , however, would include them on, the.
ground that they.-are ,the type _of employees over whom it has jurisdic-
tion . ' The record, establishes that the instrument repairmen are_higlily
ski1tedcraftsmen engaged solely in , maintenance work and- whose duties
are totally unlike the duties of the various operators who perform
no repair work. , We shall , therefore , exclude these employees from
the production unit.
Escort drivers : The Company has two employees in this classi-
fication, both of whom are women . They are attached to the plant-
protection force but are not, militarized . . Their jobs consist of
escorting visitors around the plant and driving cars on errands. These
employees are not considered part of either the production or mainte-
nance departments . The Engineers and the Company would ex-
clude them on that ground, the Rubber Workers would include them.
Since they are not part of the production operations , we shall exclude
them from the unit.
Truck drivers: There are three truck drivers assigned to the main-
tenance department . They drive trucks within the plant grounds
for the purpose of moving maintenance department materials. The
Company and the Engineers would exclude them, the Rubber Work-
ers would include them. ' Inasmuch as they are not part of the pro-
duction department , we shall exclude them from the unit. '
Safety inspector: There is one such employee whose duties are to
inspect and maintain equipment , such as goggles , protective clothing,
respirators , and safety ladders used in and -around the production de-
partment. He usually patrols the plant for the purpose of determin-
ing and supplying the needs for protective equipment. The Company
and the , Rubber Workers would - include him ; the Engineer's would
exclude him . We shall include him in the unit.
Light truck driver: There is one chauffeur who drives a light truck
to and from the city of Louisville'transporting mail and light mate-
rials. The Engineers would exclude him, the Company and the Rub-
ber Workers would include him. In vie* of the fact that he is at-
tached to the production department and his duties apparently are
part of the production process, we shall include him in the unit.
Chief shipping clerk: The chief shipping clerk checks the condi-
tions of tank cars , pursuant to Interstate Commerce Commission reg-
ulations, to determine whether the cars are suitable for the; shipment
of butadiene. Despite his title, he performs no supervisory functions.
The Engineers would exclude him, the Company and the Rubber
Workers would include him. Since he is part of the production op-
we shall include him in the unit.
788 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Laborers experienced (coal) :, There are 11' such employees who are
also known as coal ' unl'oaders or coal handlers . They unload coal
from railroad cars onto a conveyor system which carries the coal into
bins at the plant. From there the coal is sent through- a pulverizing
machine and finally fed to the boilers which-generate steam .` These
employees are not - utilized for any ,tither purpose and are- considered
part of the production -department. The Engineers, the Rubber.:
Workers, and the Company would include them in the-unit of produc-:
tion employees. The Laborers, in Case No. 9-R-1367, moved, to amend
its petition to include these employees in its 'unit along with certain,
laborers in the maintenance department. The Boaid granted the mo-
tion and included the coal handlers'in the unit found appropriate'in
that case, at the same time reserving the right to amend its finding
with respect to the laborers' unit upon a showing of changed circum-
stances. The 'Laborers contends that these employees are unskilled
-laborers and hence fall within its jurisdiction. However, the work
,of these employees is closely related to and considered part,of the
production operations of the Company, and since they are now
sought to be represented within the production unit by the-two other
-labor organizations , involved herein, we-shall include them in the,
production unit. -
Janitors: The Company employs 22 janitors who perform the usual
type of janitorial duties. Janitors are considered part of the pro-
duction department; the hazards inherent in chemical production
demand effective clean-up work so as not to jeopardize operations.
The janitors generally work under the instructions of production
department supervisors. The Rubber Workers and the Company
would include them since they are carried as part of the production
department, the Engineers, however, would exclude them.- At the
hearing, in Case No. 9-R-1367, the Laborers amended its petition
to include janitors. ,Like the coal handlers, however, the janitors
are not concerned' in any way with ordinary maintenance and repair
work but are an integral part of the production organization. We
shall, therefore,' include them in the production unit.
We find- that all 'chemical operators, boiler operators, water plant
operators, chemical operators (alcohol), laboratory analysts, labora-
tory samplers, stores clerks, laborers experienced (stores), yard clerk,
,firemen, coal handlers, janitors, safety-inspector, light truck driver,
and the chief shipping clerk, of the Company employed at its Louis-
ville, Kentucky, plant, but excluding all instrument repairmdn and
helpers, escort drivers, guards and sergeants, truck drivers, process
safety testers and helpers, stores clerks (toolroom), chief operators,
and all supervisory employees with authority to hire, promote, dis-
charge,'discipline, or otherwise effect changes in the status of employ-
I
L
CARBIDE AND CARBON CHEMICALS CORPORATION 789
ees or effectively recommend such action , constitute a unit appropri=
ate for . the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
We find that all maintenance laborers employed at the Company's
Louisville , Kentucky , plant, excluding 'janitorsand coal handlers, tool-
room employees , foremen, assistant foremen , labor 'supervisors, and
all, supervisory employees with authority to hire, promote, discharge,
discipline , or, otherwise effect changes in the status of employees, or
effectively recommend-such-.action, constitute a separate appropriate
unit 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Carbide and Car-
bon Chemicals Corporation, Louisville, Kentucky, separate 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 direc-'
tion and supervision of the Regional Director for the Ninth Region,
acting in the•matterr.as agent, fortheiNational Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among the employees in the units found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period imme-
diately preceding the date of this Direction, including employees who
did not work during the said pay-roll period because they were ill
or on vacation or temporarily laid off, and'including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior
to the date of the elections; (1) to,determine whether the employees
a
790 DECISIONS_OF NATIONAL LABOR RELATIONS BOARD
in the production department unit described - in Section -IV, above,
desire to be represented by International Union of Operating Engi-
neers, A. F. of L., or by Synthetic Rubber Workers' Union, Local #72,
affiliated with the Distillery Workers' International Union, for the
-purposes of collective bargaining, or by neither; (2) to determine
whether or not the employees' in the maintenance laborers' unit -de
scribed in Section IV, above, desire to be represented by Interna-
tional Union of Common Laborers, Local No. 576, affiliated with the
A.- F. of L., for the purposes of collective bargaining. -
O