E. I. Du Pont de Nemours & Co.

National Labor Relations Board - Board Decisions

Dec 26, 1945

64 N.L.R.B. 1517 (N.L.R.B. 1945)

In the Matter of E. I. DU PONT DE NEMOURS & Co. and UNITED GAS,
COKE AND CHEMICAL WORKERS OF AMERICA, C. I. O.
Case No. 2-R-5'113.-Decided December,06, 1945
Mr. Peter B. Collins, of Wilmington, Del., for the Company.
Messrs. Rothbard, Harris dl Talisman, by Samuel L. Rothbard, of
Newark, N. J., and Mr. David Elliot, of Newark, N. J., for the C. I. O.
Mr. G. Gerson Isenberg, of Butler, N. J., for the Association.
Mr. Stanley B. Korengold, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Gas, Coke and Chemical Work-
ers of America, C. I. 0., herein called the C. I. 0., alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of E. I. du Pont de Nemours & Co., Pompton Lakes, New
Jersey, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Jerome I. Macht, Trial Examiner. Said hearing was held at New
York City on August 29, 1945. The Company, the C. I. 0., and Em-
ployees' Council Plan Association, herein called the Association,
appeared and participated. All parties 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 at
the hearing are free from 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
' E. I. du Pont de Neniours & Co., Inc., is a Delaware corporation
engaged at Pompton Lakes, New Jersey, in the manufacture , sale, and
distribution of blasting caps, detonators , and explosives . During the
64N L R B., No. 248.
1517
1518 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
past year the Company used in the manufacture of its products raw
materials valued in excess of $500,000, more than 75 percent of which
was shipped to the Company from points outside the State of New
York. During the same period its finished products amounted to over
$500,000 in value, 75 percent of which was shipped to points outside
the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TILE ORGANIZATIONS INVOLVED
United Gas, Coke and Chemical Workers of America, affiliated with
the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
Employees' Council Plan Association, Inc., unaffiliated, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 20, 1944, the Company and the Association executed
a 1-year collective bargaining agreement embodying the provision that
it would be automatically renewed from year to year thereafter unless
either party gave notice in writing at least 30 days prior to any expira-
tion date of a desire to terminate the agreement. On July 9, 1945,
the C. I. O. filed a petition with the Board requesting certification as
the exclusive bargaining representative of the Company's production
and maintenance employees. The Company, however, has refused
to recognize the C. I. O. and contends that its contract with the As-
sociation constitutes a bar to this proceeding. Inasmuch as the C. 1. O's
petition was filed prior to the automatic renewal date of the contract,
we find that such contract does not operate as a bar to a present deter-
mination of bargaining representatives.'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has 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. TIIE APPROPRIATE UNIT
We find, in substantial accord with a stipulation of the parties, that
all hourly wage roll production and maintenance employees at the
See Mattci of Portland Lumber Mills, 56 N . L It B 1336 , Matter of Mill B, Inc, 4U
N, L It B 346.
2 The Field Examiner reported that the C . I 0 submitted 1,224 membership application
cards, that 1,016 of these cards checked with the names listed on the Company ' s June 22,
1945, pay roll , and that there are 2 , 283 employees in the alleged appropriate unit
The Association relies upon its contract as evidence of its interest in this proceeding
E. I. DU PONT DE NEMOURS & co. 1519)
Company's Pompton Lakes, New Jersey, plant, including work lead-
ers, guards, and watchmen, but excluding office clerical employees,,
technical employees, foremen, assistant foremen, general foremen, and
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate 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 question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
f ions 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 E. I. du Pont de
Nemours R Company, Pompton Lakes, New Jersey, an election by
secret ballot shall be conducted as early as possible, but not later
than sixty (60) days from the date of this Direction, under the direc-
tion 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, Sections 10 and 11, of said Rules
and Regulations, among the employees in the unit found appro-
priate in Section IV, 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 em-
ployees in the armed forces of the United States who present them-
selves 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 election, to determine whether they
desire to be represented by United Gas, Coke and Chemical Workers
of America, C. I. 0., or by Employees' Council Plan Association, Inc.,
unaffiliated, for the purposes of collective bargaining, or by neither.