Federal Chemical Co.

National Labor Relations Board - Board Decisions

Sep 30, 1942

44 N.L.R.B. 707 (N.L.R.B. 1942)

In the Matter of FEDERAL CHEMICAL COMPANY and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA
Case No. R-3807.-Decided September 30, 1942
Mr. William Waller, of Nashville, Tenn., for the Company.
Mr. William E. Mitch, of Birmingham, Ala., for District 50.
Mr. W. I. Smith, of Nashville, Tenn., for the National Council.
Miss Melvern R. Krelow, of counsel to the Board.
SUPPLEMENTAL DECISION
ORDER
AND
SECOND DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 3, 1942, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled 'proceeding? Pursuant to the Direction of Election, an elec-
tion by secret ballot was conducted on Juno 24, 1942, under the direc-
tion and supervision of the Acting Regional Director for the Tenth
Region (Atlanta, Georgia). On June 29, 1942, the Acting Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2,,as amended, issued
and duly served upon the parties an Election Report on the ballot.
No objections to the conduct of the ballot or the Election Report were
filed by any of the parties.
As to the balloting and its results, the Acting Regional Director
reported as follows :
Total on eligibility list______ ______________________________ 103
Total ballots cast------------------------------------------ 68
Total ballots challenged----------------------------------- 11 °
Total void ballots 1
Total valid votes counted__________________________________ , 56
Votes cast for District 50, United Mine Workers of America__ 56-
Total votes cast against above Union___________________ 0
On July 20, 1942, National Council of Gas, Coke and Chemical
Workers, herein called the National Council, filed with the Board a
1 41 N. L. R. B. 659.
44 N: L. R. B., No. 128.
707
708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Motion for Change in Name of Petitioner. The National Council
prayed the Board to change the name of the petitioner to the National
Council, and to certify the National Council as the exclusive collec-
tive bargaining agent of the employees of the Company in the bar-
gaining unit established by the Board. On July 23, 1942, the Board
issued an order to show cause why the relief prayed for in the motion
should not be granted.
On July 30, 1942, District 50 filed -with the Board a Motion to
Dismiss the Motion for Change in Name of Petitioner. District 50
moved the Board to certify it as the exclusive collective bargaining
agent of the employees in the bargaining unit heretofore established.
Pursuant to notice, oral argument was held by the Board, on
August' 6 and 13, 1942. On August 17, 1942, the Board issued an
order reopening the record. Pursuant to notice, a hearing was held
at Nashville, Tennessee, on August 30, 1942, before Robert F. Koretz,
Trial Examiner. The Company, District 50, and the National Coun-
cil appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses , and to introduce evi-
dence bearing upon the issues. During the course of the hearing,
District 50 and the National Council renewed their motions referred
to hereinabove. The Trial Examiner reserved ruling. For reasons
hereinafter stated, these motions are hereby denied. The parties
stipulated at the hearing that -a stipulation entered into between the
Company and District 50, on June 11, 1942, providing that extra
employees of the Company should not be eligible to vote unless they
were working as of the day preceding the election, regardless of
whether they were on the pay roll for the -period ending May 27, 1942
(the- pay-roll period immediately preceding the date of the Board's
Direction of Election), be made a part of the record. The stipula-
tion is hereby made a part of the record. In view, however,, of our
disposition of the issues, below, the stipulation will be denied effect.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
On September 8, 1942, the Company filed with the Board a Motion
to correct the transcript in minor respects. The motion is hereby
granted.
Upon the record so, made,- and the record previously made, the
Board, acting pursuant to Article III, Sections 8 and 9, of said Rules.
and Regulations hereby makes the following:
SUPPLEMENTAL FINDINGS OF FACT
At a meeting in the early part of July 1942, employees of the Com-
pany and members of District 50 voted to withdraw from, to sever all
relationships with, and to return the charter to District 50; and to
FEDERAL CHEMICAL COMPANY 709
become members of, and to seek a charter from the National Council.
On July 16, 1942, the employees signed copies of the resolution passed
at the meeting to indicate their individual action as well as their col-
lective action . These copies of the resolution contained 57 names of
persons who were in the regular employ of .the Company on July 16,
1942, at which time there were approximately 65 employees in the
bargaining unit established by the Board. The charter of District
50 was returned to that organization ; and application for a charter in
the National Council was made by the employees . The National
Council issued a charter , and a local was established known as Local
12471 , National Council . All the representatives of District 50; in
Nashville , resigned from that organization and became representa-
tives of the National Council.
The question before us is whether District 50, or the National Coun-
cil, is the duly designated representative of the employees in the unit
heretofore established by the Board for the purposes of collective bar-
gaining. The Board notes that substantially the entire membership
of District 50 transferred their affiliation to the National Council.
Although District 50 presented no evidence concerning its present
claims of representation , and it appears that the National Council
represents a substantial majority of the employees in the unit hereto-
fore established , we believe that the policies of the Act will best be
effectuated if the question before us is resolved by an election by secret
ballot. We shall accordingly vacate and set aside the Board 's earlier
Direction of Election as well as the election of June 24 , 1942, and the
results thereof , and shall direct that a new election be held.
We shall direct that an election by secret ballot be held among the
employees in the unit heretofore established by the Board , who were
employed during the pay-roll period immediately preceding the date
of our Direction of Election herein, subject to the limitations and addi-
tions set forth in the Direction.
ORDER
The National Labor Relations Board hereby orders that the Direc-
tion of Election in this proceeding issued by the Board on June 4,
1942, and the election of June 24, 1942 , and the results thereof, be, and
they are hereby , vacated and set aside.
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
710 DECISIONS OF NATIONAL LABOR RELATIONS -BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Federal Chemical
Company, Nashville, Tennessee, an election 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 Tenth Region, acting in this matter as agent
,for the National Labor Relations Board, and subject to Article III,
Section 9, of said Rules and Regulations, among all production and
maintenance employees-of the Company at its Nashville, Tennessee,
plant who were employed during the pay-roll period immediately pre-
ceding the date of this Direction, including employees who did not
work during the said pay-roll period because they were ill or on vaca-
tion or in the active military service or training of the United States,
or temporarily laid off, but excluding supervisory and clerical em-
ployees, watchmen, straw bosses, and chemists, and those employees
who have since quit or been discharged for cause, to determine whether
they desire to be represented by District 50, United Mine Workers of
America, or by National Council of Gas, Coke and Chemical Workers,
for the purposes of collective bargaining, or.by neither.
Mn. WM. M. LEISERSON took no part in the consideration of the above
Supplemental Decision Order and Second Direction of Election.