National Carbide Corp.

National Labor Relations Board - Board Decisions

Apr 25, 1946

67 N.L.R.B. 757 (N.L.R.B. 1946)

In the Matter of NATIONAL CARBIDE CORPORATION and INTERNATIONAL
ASSOCIATION OF MACHINISTS, INTERNATIONAL CHEMICAL WORKERS
UNION, A. F. OF L.
Case No. 5-R .t192.Decided April 25, 1946
Mr. William A. Stuart, of Abingdon, Va., and Messrs. F. C. Schrei-
ber and T. J. Pope, of Ivanhoe, Va., for the Company.
Mr. C. W. Fairfield, of Baltimore, Md., Mr. K. W. Lutz, of Bristol,
Va., and Mr. J. S. Sharp, of Ivanhoe, Va., for the IAM.
Mr. Roy E. Funderburk, of Cliffside Park, N. J., and Mr. A. J.
Bailey, of Ivanhoe, Va., for the Chemical Workers.
Messrs. Howard King, Howard Jones, John Sparks, Arthur Mc-
Roberts, and M. P. Davidson, of Ivanhoe, Va., for the CIO.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed jointly by Internationl Association of
Machinists, herein called the IAM, and International Chemical
Workers Union, A. F. of L., herein called the Chemical Workers,
alleging that a question affecting commerce had arisen concerning
the representation of employees of National Carbide Corporation,
Ivanhoe, Virginia, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before George L. Weasler, Trial Examiner. The hearing was held
at Pulaski, Virginia, on February 26, 1946. The Company, the IAM,
the Chemical Workers, and the United Gas, Coke & Chemical Workers
of America, CIO, herein called the CIO, appeared and participated.
All parties were afforded full oportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. During the course of the hearing, the CIO moved to dismiss
the petition on the grounds that its current contract with the Company
is a bar to a determination of representatives. The Trial Examiner
referred this motion to the Board. For reasons set forth in Section III,
67 N. L. R B, No. 96
757
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
zn fra, the motion is denied. 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
I. THE BUSINESS OF THE COMPANY
National Carbide Corporation is a Delaware corporation with
its principal office in New York City. The Company operates plants
in the States of Iowa, Kentucky, Ohio, and Virginia. We are here
solely concerned with the Ivanhoe, Virginia, plant. It is engaged in
the manufacture of calcium carbide. The principal raw materials
used are limestone, coke, coal, and electrodes, which have an annual
value in excess of $100,000, of which in excess of 10 percent originates
outside the Commonwealth of Virginia. Finished products have an
annual-value in excess of $1,500,000, of which in excess of 50 percent is
shipped to points outside the Commonwealth of Virginia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Association of Machinists is a labor organization ad-
mitting to membership employees of the Company.
International Chemical Workers Union is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
United Gas, Coke & Chemical Workers of America is a labor organi-
zation, affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant joint recognition to the JAM and
the Chemical Workers as the exclusive bargaining representative of
the Company's employees at the Ivanhoe plant, until the IAM and
Chemical Workers have been certified by the Board in an appropriate
unit.
On December 20, 1944, following an election which was won by the
CIO7' the Company and the CIO entered into a collective bargaining
contract effective from January 31, 1945, to January 31, 1946. On
October 9, 1945, the Company and the CIO entered into an amended
3 Matter of National Carbide Corporation , 58 N. L. R B. 1430.
NATIONAL CARBIDE CORPORATION 759
agreement which provided solely for changes as to wages and rates, and
which was also to expire on January 31, 1946. On October 9, 1945,
they entered into a new contract, which contract was to become effec-
tive upon expiration of the existing contract on January 31, 1946. On
November 2, 1945, the IAM and the Chemical Workers requested
recognition. The CIO contends that the foregoing contract is a bar
to a present determination of representatives. We are of a contrary
opinion. As we have stated in prior cases,2 it is the effective date of
a contract rather than the date of its execution which is decisive ; the
contract must be operative before it can render ineffectual a rival claim
to representation. Although the 1946 contract was executed on Oc-
tober 9, 1945, it did not become effective until January 31, 1946, after
the IAM and the Chemical Workers, on November 2, 1945, had
presented their representation claim. Accordingly, we find that the
contract constitutes no bar to a present determination of repre-
sentatives.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the IAM and the Chemical Workers represent a
substantial number of employees in the unit hereinafter found appro-
priate.3
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. THE APPROPRIATE UNIT
We find substantially in accord with an agreement of the parties
that all production and maintenance employees of the Company at its
Ivanhoe, Virginia, plant, including watchmen, but excluding all office
and clerical employees and all or 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, constitute a unit appropriate for the purposes of collective bar-
gaining 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
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
s Matter of S. it S Cone Corporation, 57 N. L R B 260, and cases cited therein.
The Field Examiner reported that the IAM and the Chemical workers submitted 95
authorization cards , There are approximately 242 employees in the appropriate unit.
The CIO relies on its contract as evidence of its interest herein
760 DECISIONS OF NATIONAL LABOR RELATIONS HOARD
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 Rela-
tions 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 representa-
tives for the purposes of collective bargaining with National Carbide
Corporation, Ivanhoe, Virginia, 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 Fifth 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 em-
ployed 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
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 International
Chemical Workers Union, A. F. of L. and International Association
of Machinists; or by United Gas, Coke & Chemical Workers of
America, CIO,4 for the purposes of collective bargaining, or by
neither.
CHAIRMAN HF.RZOO took no part in the consideration of the above
Decision and Direction of Election.
"The Company has questioned the propriety of permitting the IAM and the Chemical
Workers jointly to represent a single unit. We find no merit in the Company's objection.
The Board has permitted unions to act jointly as a single bargaining representative. We
assume, moreover, that the IAM and the Chemical Workers do not contemplate that the
Company will be required to bargain on the basis of any unit other than the one herein
found appropriate. If these organizations win the election herein directed, they will be
certified jointly, and the Company will have the right to insist on dealing with these
organizations as the joint representatives of the single production and maintenance unit.
Matter of Fairmont Creamery Company, 61 N. L. It, B. 1311 ; Matter of The Mead Corpora-
tion, Heald Division, 63 N. L R. B. 1129