Pyridium Corp.

National Labor Relations Board - Board Decisions

Mar 30, 1944

55 N.L.R.B. 886 (N.L.R.B. 1944)

In the Matter of PYRIDIUM CORPORATION and CHEMICAL WORKERS
UNION, No. 23553, A. F. OF L.
Case No. 0-R-4586.-Decided March 30, 1944
Mr. Herbert S. Greenberg, of New York City, for the Company.
Mr. John J. Walsh, of Utica, N. Y., for the Union.
Mrs. Platonia P. Kaldes, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Chemical `Yorkers Union, No. 23553,
A. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Pyridium Corporation, Harriman, New York, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Leon Novak, Trial Examiner.
Said hearing was held at Newburgh, New York, on March 3, 1944.
The Company and the Union appeared and participated.' All
parties 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. On March 10, 1944,
the Company and the Union filed briefs which the Board has
considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF F ACT
1. THE BUSINESS OF THE COMPANY
Pyridium Corporation is a New York corporation, engaged in the
manufacture and sale of chemicals consisting chiefly of pyridium,
nicotinic acid, and nicotinide. The Company maintains its principal
i District 50, United Mine workers of America, and the Congress of Industrial Organiza-
tions, although duly served « itli notice of nearing , did not appear.
55 N. L R . B., No. 155.
886
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PYRIDIUM CORPORATION 887
office at Nepera Park, Yonkers, New York, and in addition, operates
a chemical manufacturing plant at Harriman, New York, with which
we are solely concerned in this proceeding. At its Harriman plant the
Company, during the year 1943, purchased raw materials consisting
of various chemicals valued in excess of $100,000, approximately 75
percent of which was shipped to it from points outside the State of
New York. During the same period the Company's gross sales of
finished products, consisting of various drugs, was valued in excess of
$100,000, approximately 90 percent of which was shipped by it to
points outside the State of New York.
The Company admits that it is.engaged in commerce within the
meaning of the National Labor Relations Act.
If. THE ORGANIZATION INVOLVED
Chemical Workers Union, No. 23553, affiliated with the American
Federation of Labor, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the Company has refused to grant
recognition to the Union as the exclusive bargaining representative of
employees of the Company until the Union has been certified by the
Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found approprite.2
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) (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union and the Company agreed that all production and main-
tenance employees, including storekeepers, drivers, watchmen,'
laboratory assistants, and janitors, but excluding all office employees,
chemists, and supervisory employees, constitute an appropriate bar-
gaining unit. The Union, however, wishes to include, while the
2 The Field Examiner rcpoited that the Union submitted 101 authorization cards, all of
which bole apparently genuine original signatures ; that the names of all persons appearing
on the cards were listed on the Company's pay roll; that there are approximately 130 em-
ployees in the unit requested by the Union , that the cards were dated as follows : 54 were
dated in October 1943, 17 in November 1943, 3 in December 1943, 3 in January 1944, 0 in
February 1944, and 18 were undated; and that among the above authorization cards these
are 11 signed by employees who are employed as chemical operators
3 The watchmen are not militarized.
888 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company wishes to exclude certain employees classified as chemical
operators.
The record discloses that the chemical operators are employed in
the production division of the Company. Immediately above the
chemical operators are the production manager, the chief chemist, and
a supervisor, all of whom are chemical engineers. Immediately under
the chemical operators are approximately 20 helpers and 44 laborers,
all of whore are concededly ordinary production employees. The
chemical operators are the sole liaison employees between the 3 chem-
ical engineerF who, for the most part, do not themselves supervise the
ordinary production employees, and the non-supervisory employees.
The major portion of the work of chemical operators consists of
directing the helpers and laborers in the performance of various
operations, such as the distillation, sulfonization, and evaporation of
chemicals. They receive a higher rate of pay than do helpers and
laborers, although all are hourly paid. They possess authority and
have exercised the authority effectively to recommend changes in the
status of the employees whose work they direct. We find that chem-
ical operators are supervisory employees and we shall therefore
exclude them from the appropriate unit. Since, as we have found, the
chemical operators are supervisory employees, we will deny the
Union's alternative request that they be placed in a separate bargain-
ing unit.4
We find that all production and maintenance employees of the
Company, including storekeepers, drivers, watchmen, laboratory as-
sistants, and janitors, but excluding office employees, chemists, chemi-
cal operators, and all other supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Union desires an election, and requests that we fix the eligi-
bility date as of the date of the petition herein. The Company asks
that we determine the eligibility date in accordance with our usual
practice. The record fails to disclose any supporting basis for the
Union's request. Accordingly, we shall adhere to our usual practice
in fixing the elgibility date in our Direction of Election herein.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
"Matter of The Maryland Drydock Co ., 49 N. L. R. B. 733.
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PYRIDIUM CORPORATION 889
roll period immediately 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 Rela-
tions Act, and pursuant to Article III, Section 9, of the National
Labor Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Pyridium Cor-
poration, Harriman, New York, 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 Second Region, acting in this mat-
ter 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 unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing 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 or not they desire to be represented by
Chemical Workers Union, No. 23553, affiliated with the American
Federation of Labor, for the purposes of collective bargaining.