National Aniline Defense Corp.

National Labor Relations Board - Board Decisions

Sep 17, 1943

52 N.L.R.B. 692 (N.L.R.B. 1943)

In the Matter, of NATIONAL ANILINE DEFENSE CORPORATION and INTER-
NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION
B-43
9
In the Matter of NATIONAL ANILINE DEFENSE CORPORATION and INTER-
NATIONAL UNION OF OPERATING ENGINEERS, LOCAL 545
In the Matter of NATIONAL ANILINE DEFENSE CORPORATION and LOCAL
40, INTERNATIONAL HOD CARRIERS, BUILDING & LABORERS UNION OF
AMERICA
Cases Nos. R-5889 to R-5891 inclusive , respectively .Decided
September 17, 1943
Mr. Eugene C. Osborn , of Baldwinsville , N. Y., for the Company.
Mr. Arthur Peil, of Syracuse , N. Y., for the I . B. E. W.'
Mr. Nathan H. Blitmam, of Syracuse , N. Y.,,for'the Engineers and
the Hod Carriers.
Mr. Louis Cokin, of counsel to the Board. a
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Brotherhood
of Electrical Workers, Local Union B-43, herein called the I. B. E. W.,
International Union of Operating Engineers, Local 545, herein called
the Engineers, and Local 40, International Hod Carriers, Building &
Laborers Union of America, herein called the Hod Carriers, alleging
that questions affecting commerce had arisen concerning the represen-
tation of employees of National Aniline Defense Corporation, Bald-
winsville, New York, herein called the Company, the National Labor
Relations Board consolidated the cases and provided for an appro-
priate hearing upon due notice before Francis V. Cole, Trial Exam-
iner. Said hearing was held at Syracuse, New York, on August 20,
1943. The Company, the I. B. E. W., the Engineers, and the Hod
Carriers appeared at and participated- in the hearing.' All parties
1 Although United Steelworkers of America was served with notice of hearing, it did
not appear. {
52 N. L. R. B., No. 121.
692
NATIONAL ANILINE DEFENSE CORPORATION 693
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 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
National Aniline Defense Corporation is a New York Corporation
with its principal place of business at Baldwinsville, New York, where
it is engaged in the manufacture of munitions for the United States
Government. During the 3-month period ending' August 1, 1943,
the Company used raw materials at its Baldwinsville plant valued in
excess of $1,000, approximately 25 percent of which was shipped to it
from points outside the State of New York. During the same period
the Company manufactured products at its Baldwinsville plant valued
in excess of $1,000, over 75 percent of which was shipped to points
outside the State of New York. The Company admits, for the purpose
of this proceeding, that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Brotherhood of electrical Workers, Local Union
B-43, International Union of Operating Engineers, Local 545, and
Local 40, International Hod Carriers, Building & Laborers Union of
America, are labor organizations affiliated with the American Feder-
ation of. Labor, admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize the I. B. E. W., the Engineers,
or the Hod 'Carr'iers as exclusive bargaining representative of any of
its employees until such time as they are certified by the' Board.
Statements of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicate that the I. B. E. W., the Engineers, and
the Hod Carriers, each represents a substantial 'number of employees
in the units alleged by each to be appropriate .2
2 The Field Examiner reported that the I B E. W. presented membership application
cards bearing the signatures of all persons in the unit alleged by the I. B. E. W. to be
appropriate . He further reported that the Engineers presented membership application
cards bearing apparently genuine signatures of 70 percent of the employees in the unit
claimed by the Engineers . The Field Examiner also reported that the Hod Carriers pre-
sented membership application cards bearing apparently genuine signatures of 55 percent of
the employees in the unit claimed by the Hod Carriers.
694 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 UNIT
The I. B. E. W. contends that all electricians, linemen, electricians'
helpers, linemen pushers, and electricians engaged in repair of record-
ing instruments and gauges, constitute an appropriate unit. The
Engineers contends that all skilled workmen engaged in the operation
of locomotives, boilers, pumping, refrigeration, and air compression
equipment, all skilled workers engaged in the repair, operation, and
maintenance of heavy and construction equipment, and all skilled
workers engaged in repair and maintenance essential to the opera-
tion of the plant, but excluding electrical, supervisory, office, and
clerical employees, executives, and guards, constitute an appropriate
unit. The Hod Carriers would set up a unit of all unskilled and
semi; skilled employees of the Company, engaged in production and
maintenance, excluding supervisory, office, clerical, and executive em-
ployees, and guards. The Company took no position with-respect
to the scope of units urged by the I. B. E. W., the Engineers, and the
Hod Carriers. The evidence introduced at the hearing indicates
that the employees claimed by the three labor organizations constitute
separate well-defined homogeneous groups. Accordingly, we find
that separate units of electricians, repair and maintenance employees,
and unskilled and semi-skilled employees are appropriate.
The Company would exclude the lineman pusher from the unit
urged by the I. B. E. W., while the latter would include him. The
lineman pusher has three employees under him and recommends the
discipline of his subordinates. Accordingly, we shall exclude the
lineman pusher from the unit 3
The Company would exclude the shift engineers in the powerhouse
from the unit claimed by the Engineers, while the latter would include
them in the unit.', The shift engineers have charge of a group, of
approximately 16 employees and have the authority to discharge, and
discipline their subordinates. We shall exclude the shift engineers
from the unit claimed by the Engineers.
The Company would exclude labor pushers from the unit claimed
by, the Hod Carriers, while the latter would include them. The record
s After the close of the hearing, the I . B. E. W. advised the Board that it also desired
that supervisors or foremen having direct supervision over inside electrical maintenance
men be included in the unit . Inasmuch as the duties of such employees are unknown, we
find that they should be excluded from the unit if they have the authority to hire, promote,
discharge , discipline, or otherwise effect changes in the status of employees , or'effectively
recommend such action , and that they should be included in the unit if they,have no such
authority.
NATIONAL ANILINE DEFENSE CORPORATION 695 ,
shows that labor pushers have the authority to recommend the dis-
charge and discipline of their subordinates. We shall exclude them
from the unskilled and semi-skilled employees unit.
The Hod Carriers would include employees classified by the Com-
pany as Labor A and Operator B in the unit urged by it. The Com-
pany contends that such employees are skilled workers and should
therefore be excluded from such unit. The employees in the afore-
mentioned two classifications perform production work of a hazardous
nature but require only about 1 month's training. Inasmuch as the
Labor A and Operator B employees perform production work, we
shall include them in the Hod Carriers unit.
We find that all electricians, linemen, electricians' helpers, and elec-
tricians engaged in the repair of recording instruments and gauges of
the Company, excluding the 'lineman pusher and any other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
Act.
We find that all skilled workmen engaged in the operation of loco-
motives, boilers, pumping, refrigeration, and air compression equip-
ment, skilled workers engaged in repair, operation, and maintenance of
heavy and construction equipment, and all skilled employees engaged
in repair and maintenance essential to the operation of the plant,
excluding electrical, office, and clerical employees, executives, guards,
shift engineers, and any other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
We find that all unskilled and semi-skilled employees of the Com-
pany engaged in production and maintenance, including Labor A and
Operator B employees, but excluding office, clerical, and executive
employees, labor pushers, guards, electrical employees, employees in
the engineers' unit, 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 DETER31INATION 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
. 696 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is,
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with National Aniline
Defense Corporation, Baldwinsville, New York, 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 Third Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among :
1. The employees in the electrical unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately 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-services of the United States who present themselves in person
at the polls, but excluding any who have since quit or been dis-
charged for cause, to determine whether or not they desire to be rep-
resented by International Brotherhood of Electrical Workers, Local
Union B-43, for the purposes of collective bargaining.
2. The employees in the engineers' unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately 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 services of the United States who present themselves in person
at the polls, but excluding any who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by International Union of Operating Engineers, Local 545.
3. The employees in the hod carriers' unit found appropriate in
Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including em-
ployees who did not work during said pay-roll period because they,
NATIONAL ANILINE DEFENSE CORPORATION 697
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed services of the United States who present them-
selves in person at the polls, but excluding any who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by Local 40, International Hod Carriers, Building
& Laborers Union of America.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Elections.