E. I. du Pont de Nemours & Co.

National Labor Relations Board - Board Decisions

Mar 23, 1944

55 N.L.R.B. 699 (N.L.R.B. 1944)

In the Matter of E. I. DU PONT DE NEMOURS & COMPANY, MORGANTOWN
ORDNANCE WORKS and INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, LOCAL UNION # 1168 (A. F. L.)
In the Matter of E. I . DU PONT DE NEMOURS & COMPANY , MORGANTOWN
ORDNANCE WORKS and INTERNATIONAL COUNCIL OF CHEMICAL &
ALLIED INDUSTRIES UNIONS, AMERICAN FEDERATION OF LABOR
Cases Nos. 6-R-856 and 6-R-899, respectively.-Decided
March 23,1944
Messrs. P. B. Collins and E. C. First, Jr., of Wilmington, Del., for
the Company.
Mr. W. H. Wilson, of Akron, Ohio, for the I. B. E. W.
Mr. H. J. Paar, of New Martinsville, W. Va., for the Chemical
Workers.
Messrs. Glenn E. Moller and Wallace E. Royster, of counsel to the
Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Brotherhood of
Electrical Workers, Local Union #1168 (A. F. L.), herein called the
I. B. E. W., and by International Council of Chemical & Allied In-
dustries Unions, American Federation of Labor, herein called the
Chemical Workers, alleging that questions affecting commerce had
arisen concerning the representation of employees of E. I. du Pont de
Nemours & Company, Morgantown Ordnance Works, Morgantown,
West Virginia, herein called the Company, the National Labor Rela-
tions Board consolidated the proceedings herein and provided for an
appropriate hearing upon due notice, before James A. Shaw, Trial
Examiner. Said hearing was held at Morgantown, West Virginia,
on January 14,1944. The Company, the I. B. E. W., and the Chemical
Workers appeared, participated, 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
55 N. L R. B., No 124.
699
700 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
E. I. du Pont de Nemours & Company, is a Delaware corporation
engaged at Morgantown Ordnance Works, Morgantown, West Vir-
ginia, in the manufacture of ammonia, hexamine, methanol, alcohol,
tar, and light oil under contracts with the United States Govern-
ment. During the 12-month period preceding the hearing, the Com-
pany purchased raw materials having a value in excess of $1,000,000,
of which 25 percent was shipped to the works from points outside
West Virginia. During the same period total production at the works
exceeded $4,000,000 in value of which 95 percent was shipped to points
outside West Virginia. The Company concedes, and we find, that it
is engaged in interstate commerce within the meaning of the National
Labor Relations Act.
M. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local Union
#1168, is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employee- o the Company.
International Council of Chemical & Allied Industries Unions, is
a labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The I. B. E. W. wrote to the Company on October 18, 1943, alleging
that it represented a majority of the workers in the unit which it pro-
poses and requesting that the Company recognize it as exclusive bar-
gaining representative for the employees in that unit. By letter of
October 21, 1943, the Company replied that it did not consider the pro-
posed unit to be appropriate and refused to extend the requested recog-
nition to the I. B. E. W.
The Chemical Workers notified the Company on January 5, 1944,
that it represented a majority of the workers in a production and
maintenance unit, excluding the employees claimed by the I. B. E. W.,
and requested recognition as exclusive bargaining representative of
such employees. The Company refused the request.
A statement of the Regional Director introduced into evidence at
the hearing, indicates that the I. B. E. W. and the Chemical Workers
E. I. DU PONT DE NEMOURS & COMPANY 701
each represents a substantial number of employees in the unit it claims
appropriate.'
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
The I. B. E. W. desires to include in a single bargaining unit all
maintenance electricians and helpers, switchboard operators, turbine
operators, and instrument mechanics and helpers employed at the
Morgantown plant. Electricians and helpers are under the superin-
tendent of the electrical department and maintain electrical equip-
ment throughout the plant. Their work requires the skill and train-
ing generally attributed to their craft. Obviously, in the absence of
prior bargaining history, they may constitute an appropriate bargain-
ing unit. The four switchboard operators and seven turbine operators,
whom the I. B. E. W. would include with the electricians and helpers,
work in the powerhouse. The turbine operators are concerned with
the generation of electricity, and the switchboard operators with its
distribution. Initially, the Company employed experienced men to
perform the work in these latter classifications but subsequent vacan-
cies have been filled by transfer of men from the mechanical force in
the powerhouse. While it does not appear that the turbine operators
anti switchboard operators are electricians, their work is closely con-
nected with that of the electricians. By experience they have acquired
an understanding of electrical principles and a certain proficiency
in electrical work. In view of these circumstances, we are of the
opinion that they may be included in a unit with electricians and
helpers.
The 26 instrument mechanics and helpers are under supervision
separate from both the groups discussed above. Their function is to
take readings from the recording devices which measure the flow of
gases and liquids used in the Company's processes and to keep those
devices in repair. The record is lacking in evidence to indicate that
instrument 'mechanics, on the basis of skill or function, belong in a
craft unit of electrician S.2
1 The Regional Director iepoited that the I B E W. submitted 42 application for men,-
beiship cards bearing the apparently genuine original signatures of persons listed on the
Company's pay roll of November 6, 1943, which contains the names of 75 employees in the
unit proposed by the I B E W
The Chemical Woikers submitted 312 application for membership cap ds beat ung the appar-
ently genuine original signatures of persons listed on the said pay roll, which contained
the navies of 854 employees in the unit proposed by the Chemical Workers
2 See Hatter of Westinghouse Elect,,c if Manufacturing Company (Louisville Ordnance
Division), 49 N L R B 445
702 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Chemical Workers requests the establishment of a bargaining
unit including all production and maintenance workers other than
those in the categories claimed by the I. B. E. W. and excluding fore-
men, office-clerical employees, chemists, guards, and supervisory em-
ployees. 'Since the employees in the categories claimed by the I. B.
E. W. constitute a small percentage of those on the pay roll, the unit
desired by the Chemical Workers closely approaches an industrial
unit such as we recently approved at another plant of the Company.'
The Company contends that all the employees at Morgantown
should comprise a single bargaining unit. However, the petitioning
unions' request for mutually exclusive groupings is based on jurisdic-
tional grounds,4 and no other labor organization is seeking to repre-
sent the employees in question in a single unit. Under these circum-
stances we do not determine whether the unit preferred by the Com-
pany is appropriate, or more appropriate than those proposed by the
petitioners.
On the basis of the entire record and in view of the foregoing con-
siderations, we are of the opinion that the purposes of the Act will
best be effectuated in this case by the establishment of three separate
bargaining units among the Company's employees. For the reasons
we have indicated, we do not agree to the propriety of including in-
strument mechanics and their helpers in an essentially craft unit with
electricians, electrician helpers, turbine operators, and switchboard op-
erators. However, since the instrument mechanics and their helpers
constitute a well defined homogeneous group in a separate department,
and since the only labor organization seeking to represent them would
segregate them for bargaining purposes from the general body of pro-
duction and maintenance employees, we believe that they may function
effectively in a separate bargaining unit.
1. We find, accordingly, that all maintenance electricians, electri-
cian helpers, turbine operators, and switchboard operators employed
by the Company at Morgantown Ordnance Works, excluding instru-
ment mechanics, their helpers, all other employees of the Company,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of
employees or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
2. We further find that all production and maintenance employees
of the Company at Morgantown Ordnance Works, excluding main-
tenance electricians, electrician helpers, turbine operators, switch-
board operators, instrument mechanics and their helpers, foremen,
See platter of du Pont de Nemours and Company , 49 N. L R B 1125
See Matter of General Tire and Rubber Company, 55 N. L. R. B. 250.
E. I. DU PONT DE NEMOURS & COMPANY 703
office-clerical employees, chemists, guards, and 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 unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
3. We further find that all instrument mechanics and helpers em-
ployed by the Company at Morgantown Ordnance Works, excluding
supervisory employees with authority to hire, promote, discharge, dis-
ccipline, or otherwise effect changes in the status of employees or ef-
fectively recommend such action, 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 means of 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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with E. I. du Pont de
Nemours & Company, Morgantown Ordnance Works, Morgantown,
West Virginia, 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 direction and supervision of the Regional
Director for the Sixth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Sections
10 and 11, of said Rules and Regulations, among the employees in the
units found appropriate in Section IV, subsections 1, 2, and 3; above,
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work
during 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 any who have since quit or been discharged for cause and
704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
have not been rehired or reinstated prior to the date *of the elections,
to determine whether or not they desire to be represented in Unit 1,
by International Brotherhood of Electrical Workers, Local Union
#1168 (A. F. L.) ; in Unit 2, by International Council of Chemical &
Allied Industries Unions, American Federation of Labor; and in Unit
3, by International Brotherhood of Electrical Workers, Local Union
#1168 (A. F. L.), for the purposes of collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Elections.