Commercial Solvents Corp.

National Labor Relations Board - Board DecisionsJul 13, 1942

42 N.L.R.B. 423 (N.L.R.B. 1942)

In the Matter of COMMERCIAL SOLVENTS CORPORATION and JOINT CoIIN- -CIL OF LOCAL UNION No 8 OF INTERNATIONAL UNION OF OPERATING ENGINEERS, AFFILIATED WITH THE A. F. OF L , AND LOCAL UNION No. 8, INTERNATIONAL BROTHERHOOD OF FIREI IEN,, & OILERS, AFFILIATED WITH THE A F OF L Case No. R-3805 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES July 13,1942 On June 3, 1942, the National Labor Relations Board, heieln called the Board, issued its Decision' and Direction of Election,1 and on June 24, 1942, issued its Amendment to Direction of Election,2 in the above- entitled proceeding Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on June 26, 1942, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois) On June 27,1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Number eligible--------------------------------------------- - 74 Number of ballots cast ---------------------------------------- 66 Number of blank ballots------------------------------------ 0 Numbei of void ballots-------------------------------=------- 0 Number of ballots challenged (not opened ) ------------------- 0 Number of valid ballots counted------------------------------ 66 Number of valid ballots counted plus unopened challenged bal- lots ------------------------------------------------------ 66 - Number of valid ballots necessary for-majority--- ----------- 34 Number of valid ballots cast for -Joint Council- of Local Union No 8 of International Union of Operating Engineers , affiliated with the A F of L, and Local Union No 8, International Brotherhood of Firemen & Oilers, affiliated with the A F of L----------------------------------------------------- 55 141NLRB642 -41NLRB647 42 N L R B, No 91 423 424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Number of valid ballots cast against Joint Council of Local Union No 8 of International Union of Operating Engineers, affiliated with the A F of L, and Local Union No 8, Inter- national Brotherhood of Firemen & Oilers, affiliated with the A F of L------------------------------------------------ 11 On July 1, 1942, District 50, United Mine Workers of America, not a party to the above-entitled proceeding, filed with the Board ex- ceptions to the procedure followed by the Boar d in connection with the election, in which it alleged that (1) it has been conducting an organ- izational drive among the production and maintenance employees of the company; (2) it had not been consulted or represented at the hear- ing in the above-entitled proceeding, although it had an interest in said proceeding; (3) although it executed a waiver and disclaimer concern- ing the unit found appropriate by the Boaid, it did so upon the assur- ance of the representative of International Union of Operating En- gineers that the unit covered appioxiniately 43 employees only, and that said organization had no interest in any other employees of the Company; and (4) that following this action 8 employees were tem- porarily transferred from-other departments of the Company to the powerhouse, but were nevertheless allowed to vote Subsequent to the Board's Decision and Direction of Election, a stipulation of the parties was filed with the Board stating that these 8 employees had been permanently transferred to the powerhouse, and the Board thereupon amended its Direction of Election to allow these employees to be included among those eligible to vote We find that these exceptions raise no substantial and material issue with respect to the election Assuming without deciding that the 8 employees were temporaiily and not peimanently transferred to the powerhouse, the results of the election would not be changed Our finding that they were eligible to vote did not have the effect of placing them as individuals in the unit, irrespective of the nature of their work and the period for which they were assigned to the powerhouse. Accordingly, these exceptions are overruled - - On or about July 3,1942, the Company filed objections to the Election Report alleging that the employees permitted to vote do not constitute an appropriate unit. The contention of the Company on this issue was disposed of in the Decision and Direction of Election and no new matter is alleged. The Company's objection is, therefore, overruled. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of National Labor Relations 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. COMMERCIAL SOLVENTS CORPORATION 425 IT is n:EREBY CERTIFIED that Joint Council of Local Union No. 8 of International Union of Operating Engineers, affiliated with the A. F. of L , and Local Union No. 8, International Brotherhood of Firemen & Oilers, affiliated with the A. F of L , has been designated and selected by a majority of all employees of the powerhouse, and engineers of the methanol department and the dry-ice. department, employed at the Commercial-Solvents Corporation's Peoria; Illinois, plant, excluding non-working supervisors, as their representative for the purposes of collective baigainmg, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Joint Council of Local Union No 8 of International Union of Operating Engineers, affiliated with the A. F of L, and Local Union No 8, Inteinational Brother- hood of Firemen & Oilers, affihated with the A F of L , is the exclusive representative of all such employees for the purposes of collective bar- gaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. MR GERARD D REILLY,taok.no part in the;consideration of the above Supplemental Decision and Certification ,of Representatives.