Eston Chemicals, Inc.

National Labor Relations Board - Board Decisions

May 17, 1946

68 N.L.R.B. 101 (N.L.R.B. 1946)

In the Matter of ESTON CHEMICALS, INC. and OIL WORKERS INTER-
NATIONAL UNION, LOCAL 128, CIO
Case No. 21-R-3240.-Decided May 17, 1946
Mr. Alfred M. Esberg, of Los Angeles , Calif., for the Company.
Mr. R. E. Warren, of Long Beach , Calif., for the CIO.
Mr. Louis Boldrini, of Glendale , Calif., for the UMW.
Mr. Robert J. Freehling, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Oil Workers International Union Local
128, CIO, herein called the CIO, alleging that a question affecting
commerce had arisen concerning the representation of employees of Eston
Chemicals, Inc.,' Los Angeles , California , herein called the Company, the
National Labor Relations Board provided for an appropriate hearing upon
due notice before William T. Whitsett, Trial Examiner . The hearing
was held at Los Angeles, California , on April 9, 1946 . The Company,
the CIO, and District 50, United Mine Workers of America, A. F. L.,
herein called the UMW, appeared and participated. All parties were
afforded full opportunity to be heard , to examine and cross -examine wit-
nesses, and to introduce evidence bearing on the issues . The Trial Ex-
aminer 's rulings made at the hearing are free from prejudicial error and
are hereby affirmed . All parties ' were afforded opportunity to file briefs
with the Board.
' It was stipulated at the hearing that the name of the Company bad been changed from
Pittsberg Chemical Company to Eston Chemicals, Inc., on or about March 1, 1946
68 N. L. R. B., No. 13.
101
102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Eston Chemicals, Inc., is engaged in the manufacture of chemicals
at its plant located in Los Angeles, California. The Company stipulated
that in 1945, it obtained chemical raw materials, valued in excess of
$10,000, from sources outside the State of California; and that during
the same period, it manufactured and distributed to customers located
outside the State finished products, valued at more than $10,000.
We find the Company is engaged in commerce within the meaning of
the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
Oil Workers International Union, Local 128, affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
District 50, United Mine Workers of America, affiliated with the
American Federation of Labor, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated February 22, 1946, the CIO advised the Company
that a majority of its employees at the Los Angeles, California, plant
were members of the CIO and requested a conference to initiate col-
lective bargaining negotiations. The Company, by letter dated February
26, 1946, declined to participate in a conference because of an existing
contract with the UMW. The CIO filed its petition on February 21, 1946.
On June 13, 1945, the UMW and the Company entered into a col-
lective bargaining contract which is to expire on June 13, 1946 2 The
contract is renewable automatically from year to year, unless either party
serves written notice of termination 30 days prior to any anniversary
date. Neither party has given such notice to terminate, and the Company
and the UMW contend that the contract constitutes a bar to the present
proceeding. However, inasmuch as the CIO presented its rival claim and
2 The present contract supplanted one for a 2-year period entered into by the UMW and
the Company on February 15, 1943, renewable automatically thereafter from year to year,
unless notice of termination was served 30 days prior to any anniversary date. The automatic
renewal of that contract in February 1945, necessitated the dismissal of a petition by the
CIO, filed with the Board on February 13, 1945, in Case No. 21-R-2681.
ESTON CHEMICALS, INC. 103
filed its petition before the effective automatic renewal notice date, it is
clear, under well established principles of the Board, that the contract
cannot act as a bar to an election at this time.3
A statement of a Board agent, introduced into evidence at the hearing,
'indicates that the CIO represents a substantial number of employees
in the unit hereinafter found appropriate.4
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accord with the agreement of the parties, that all pro-
duction and maintenance employees of the Company, excluding office and
clerical employees 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 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 question concerning representation which has
arisen be resolved by an election by secret ballot among employees in
the appropriate unit who were employed during the pay-roll period im-
mediately 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 Relations
Board Rules and Regulations - Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Eston Chemicals, Inc.,
Los Angeles, California, an election by secret ballot shall be conducted
as early as possible, but not later than thirty (30) days from the date
"Matter of Peerless Stages, The, 62 N. L. R B. 1514; Matter of Joseph Dyson &
Sono, Inc, 60 N. L R B 867; and Matter of Little Rock Furniture Manufacturing Company,
60 N L R B 550
4 The Field Examiner reported that the CIO submitted 18 cards, bearing the names of
t6 employees, listed on the Company's Pay roll of March 11, 1946, and that there are
approximately 20 employees in the appropriate unit. The UMW relies upon its contract as
esidence of its interest in this proceeding.
104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of this Direction, under the direction and supervision of the Regional
Director for the Twenty-first 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 employees in the unit
found appropriate 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
employees 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 Oil Workers International Union, Local 128,
CIO, or by District 50, United Mine Workers of America, A. F. L.,
for the purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.