Plough, Inc.

National Labor Relations Board - Board Decisions

Dec 11, 1944

59 N.L.R.B. 840 (N.L.R.B. 1944)

In the Matter of PLOUGH, INC. and UNITED GAS, COKE & CHEMICAL
WORKERS, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZA-
TIONS
Cases Nos. 15 R-1176, 15-R-1202 and 15-R-1314 , respectively.De-
cided December 11, 1944
Mr. Clarence Clifton and Mr. Leo Goodman , of Memphis , Tenn., for
the Company.
Mr. W. A. Copeland , of Memphis , Tenn., for the CIO.
Mr. Fred Olds , of East St. Louis, Ill., for No. 20047.
Mr. L. M. Fagan, of Memphis, Tenn., for the Machinists.
Mr. B. F. Brown, of Memphis , Tenn ., for the Printing Trades.
Mrs. Augusta Spaulding , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by United Gas, Coke & Chemical Workers,
.affiliated with the Congress of Industrial Organizations, herein called
the CIO, each alleging that a question affecting commerce had arisen
concerning the representation of employees of Plough, Inc., Memphis,
'Tennessee, herein called the Company, the National Labor Relations
-Board provided for an appropriate consolidated hearing upon due
:notice before Lawrence H. Whitlow, Trial Examiner. Said hearing
was held at Memphis, Tennessee, on September 29, 1944. The Com-
-piny; the CIO; Cosmetic Manufactory Employees Union, No. 20047,
herein called No. 20047; International Association of Machinists, Local
14, herein called the Machinists; and Allied Printing Trades Union,
representing Memphis Printing Pressmen's Union No. 18, Memphis
Bookbinders' Local Union No. 171, and Memphis Typographical Union
Local -11, herein called the Printing Trades, appeared, participated,
and 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 preju-
59 N. L. R. B., No. 166.
840
PLOUGH, INC. 841
dicial error and are hereby affirmed. All parties were afforded oppor-
tunity 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
Plough, Inc., is a Delaware corporation having its principal offices
and place of business at Memphis, Tennessee, where it manufactures
drugs and cosmetics at three plants, located at 491 South Main Street,
at 705-735 South Fifth Street, and at Second and Gayoso Streets,
respectively. The Company purchases annually for its plants raw
materials valued in excess of $1,000,000. The greater part of the
Company's purchases comes to its plants from points outside Tennessee,
and approximately 90 percent of its -finished products are shipped to
points outside the State.
We find that the Company is engaged in commerce, within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Gas, Coke & Chemical Workers is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
Cosmetic Manufactory Employees Union, No. 20047; International
Association of Machinists, Local 14; and Allied Printing Trades Union
are labor organizations affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July, 1, July 30, and August 19; 1944, the CIO sent telegrams
to the Company requesting recognition as bargaining representative
of employees at the Company's plants. No answer was received by
the CIO to any of these telegrams.
No. 20047 contends that it is the bargaining representative of em-
ployees at the Company's Second and Gayoso Streets plant and further
contends that contracts between the Company and No. 20047 covering
employees at this plant, constitute a bar to a determination of repre-
sentatives for such employees at this time. We do not agree. On
November 15, 1941, the Company and No. 20047 entered into a 2-year
contract covering employee members of No. 20047 working at this
plant. On April 7, 1943, the same parties entered into a further agree-
ment extending the terms of the 1941 contract to November 13, 1945.
Since the contracts are limited in coverage to members of the contract-
842 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing organization, we find that they constitute no bar to a determination
of representatives for employees at this plant at this time.'
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the CIO represents a substantial number of
employees in the units hereinafter found appropriate wherein it seeks
certification 2
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. TILE APPROPRIATE UNITS
We find, in accordance with the stipulation of the parties, that
the following groups of employees at the Company's plants consti-
tute separate units appropriate for the purposes of collective bar-
gaining,' within the meaning of Section 9 (b) of the Act :
1. All employees of the Company at its 491 South Main Street
plant, Memphis, Tennessee, excluding office and clerical employees,
and all 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; I -
2. All employees of the Company at its 705-735 South Fifth Street
plant, Memphis, Tennessee, excluding office and clerical employees,
maintenance mechanics, employees,in the printing and box depart-
ments,4 and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action;
3. All maintenance mechanics at the Company's 705-735 South
Fifth Street plant, Memphis, Tennessee, excluding all other em-
ployees at the plant 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;
,4. All employees at the Company's Second and Gayoso Streets
plant, Memphis, Tennessee, excluding office and clerical employees,
maintenance mechanics, and all supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
1 Matter of Pennsylvania Greyhound Lines, 3 N L. R. B. 622, 646.
8 The Union submitted 235 membership cards dated in June , July, and August 1944. Of
these cards 86 purport to bear the signatures of employees at the Main Street plant ; 100,
signatures of employees at the Fifth Street plant ; and 49 , signatures of employees at the
Second and Gayoso Streets plant . The cards ' were not checked against the Company's pay
rolls. The Union alleges, without contradiction by the Company , that the respective units
in the plants as listed include approximately 68, 130, and 200 employees.
8 The Company employs no maintenance mechanics at its 491 South Main Street plant.
At its 491 South Main Street plant and at its Second and Gayoso Streets plant there are
employed no employees eligible to membership in the Printing Trades.
4 Employees in the printing and box departments are represented by the Printing Trades
and presently bargain with their employer through this labor organization.
PLOUGH, INC. 843
changes in the status of employees , or effectively recommend such
action ; and
5. All maintenance mechanics at the Company 's Second and Gayoso
Streets plant , Memphis, Tennessee , excluding all other employees at
the plant 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. ,
V. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning the representation of em-
ployees of the Company can best be resolved by separate elections
by secret ballot.
The Printing Trades claims to represent no employees in any of the
units found appropriate above and we shall make no provision for it
to participate in any of the elections which we shall now direct. The
Machinists, substantially conceded by all parties to have an appreciable
interest therein, is the only labor organization desiring to participate
in the elections among the maintenance mechanics in units 3 and 5
described above. No. 20047 desires to participate with the CIO in the
elections among employees in units 1, 2, and 4 described above, cover-
ing general employees at each of the Company's three plants. No.
20047 is presently the bargaining representative of its members at the
Second and Gayoso Streets plant, and we shall provide that it partici-
pate in the election among employees at this plant.- The record does not
disclose that No. 20047 has any membership among employees at either
of the other plants. The several plants of the Company are run as
independent enterprises. There is no interchange of employees and
no interdependence of operation among them. The CIO contends
that No. 20047 should not therefore participate at these elections.
Under these circumstances, we shall make no provision for No. 20047
to participate in the elections among employees at the South Fifth and
South Main Streets plants.
Those eligible to vote in the separate elections, which we shall now
direct shall be all employees in the respective units found appropriate
above, who were employed during the pay-roll period immediately
preceding the date of this Decision and Direction of Elections, 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and-Regulations-Series 3, as amended , it is hereby
844 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that,, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Plough, Inc.,
Memphis, Tennessee, separate elections by secret ballot shall be con-
ducted 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 Fifteenth 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 respective units described below, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including employees who did not work during the 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 :
1. Among all employees in unit 1 described in Section IV, above,
to determine whether or not they desire to be represented by United
Gas, Coke & Chemical Workers, affiliated with the Congress of Indus-
trial Organizations, for the purposes of collective bargaining;
2. Among all employees in unit 2 described in Section IV, above,
to determine whether or not they desire to be represented by United
Gas, Coke & Chemical Workers, affiliated with the Congress of Indus-
trial Organizations, for the purposes of collective bargaining;
3. Among all employees in unit 3 described in Section IV, above, to
determine whether or not they desire to, be represented by Interna-
tional Association of Machinists, Local 14, A. F. L., for the purposes
of collective bargaining;
4. Among all employees in unit 4 described in Section IV, above,
to determine whether they desire to be represented by United Gas,
Coke & Chemical Workers, affiliated with the Congress of Industrial
Organizations, or by Cosmetic Manufactory Employees Union, No.
20047, A. F. L., for the purposes of collective bargaining, or by neither ;
and
5. Among all employees in unit 5 described in Section IV, above,
to determine whether or not they desire to be represented by Inter-
national Association of Machinists, Local 14, A. F. L., for the pur-
poses of collective bargaining.
MR. JOHN M. HousToN took no part in the consideration of the above
Decision and Direction of Elections.