The Richards Chemical Works, Inc.

National Labor Relations Board - Board Decisions

Dec 28, 1945

65 N.L.R.B. 14 (N.L.R.B. 1945)

In the Matter of THE RICIIARDS CHEMICAL WORKS, INC., and EM-
PLOYEE'S ASSOCIATION OF THE RICHARDS CHEMICAL WORKS
Case No.1-R-5817.Decided Decenyber X8,1945
Mr. Jack Geddy Goldberg, of Jersey City, N. J., for the Company.
Messrs. Sewell and Levey, by Mr. Jacob J. Levey, of Jersey City,
'N. J., for the Association.
Mr. John L. Sacqui, of Jersey City, N. J., for the AFL.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by the Employee's Association of The
Richards Chemical Works, herein called the Association, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of The Richards Chemical Works, Jersey City, New
Jersey, herein called the' Company, the National Labor Relations
Board provided for an appropriate, hearing upon due notice before
James C. Paradise, Trial Examiner. The hearing was held at Jersey
City, New Jersey, on October 16, 1945. By consent of all parties the
Trial Examiner permitted Chemical Workers Union No. 22951, A. F.
of L., herein called the AFL, to intervene. All parties participated
in the hearing and were afforded fail opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 TILE COMPANY
The Richards Chemical Works, Inc., is a New Jersey corporation
which is engaged in the manufacture of sulphonated oils, alcohols,
65 N I. R. B., No 3
14
THE RICHARDS CHEMICAL WORKS, INC. 15
germicides, detergents, and other chemicals. It operates a plant at
Jersey City, New Jersey. During the past year the value of the fin-
ished products produced at said plant exceeded $1,000,000, of which
approximately 75 percent was shipped to places outside the State of
New Jersey. During the past year the Company purchased materials
consisting principally of oils, acids, alkalis, fatty alcohols, polyglycols
and gums valued at in excess of $1,000,000, of which approximately 90
percent was shipped to the plant from places outside the State of
New Jersey.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
Employee's Association of The Richards Chemical Works is an
unaffiliated labor organization. Chemical Workers Union No. 22951
is a labor organization affiliated with the American Federation O
Labor. Both admit to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 28, 1945, the Association informed the Company that it
represented a majority of its employees and requested recognition.
The Company was then under a contract with the AFL which was,
to expire on August 22, 1945. It refused to accord recognition to the
Association. The contract with AFL terminated ' on its expiration
date and has not been renewed.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Association represents a
substantial number of employees in the unit hereinafter found to be
appropriate.'
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
The Association contends and the other parties agree that all
production and maintenance employees of the Company at its Jersey
City plant, excluding chemists, laboratory assistants, technicians,
office and clerical employees, timekeepers, company officers and ex-
ecutives, and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
The Field Examiner repotted that the petitioner submitted 93 authorization cards, of
which 89 bore the names of employees within the alleged appropriate unit. There are 101
employees in said unit.
679100-46-vol. 65-3
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of employees, or effectively recommend such action, constitute an
appropriate bargaining Unit .2
The only issue in this proceeding arises out of the contention of
the,AFL that the employees carried on the pay roll as foremen and
assistant foremen are supervisory employees who should be excluded
from the unit. It is contended by the Company and the Association
that the-only supervisory employees within the Board's customary,
definition are the company executives, and that the so-called foremen
and assistant foremen are without authority to hire, discharge, dis-
cipline; or to make effective recommendations with regard to changes
in the status of employees.
The operations at the Jersey City plant are scattered over eight
separate buildings which are from one to four stories in height. The
buildings are connected at all levels by passageways. The work is
subdivided among 14 separate departments, each of which has a fore-
man and some of which have one or more assistant foremen. The
number of employees in each of the departments varies from 2 to 16.
The foremen are hourly rated, punch time clocks, and are subject to
the same hours and working conditions as employees generally. Some
foremen participate in the work of their departments in the same
manner as other employees, while some spend part of their time
supervising and the balance in assisting in getting out the work.
All of the foremen have been' covered by the AFL's contracts since
1941. Indeed, many of them were officers, stewards, and negotiating
committee members of the AFL as they are now'of the Association.
The record indicates that active supervision over all departments
of the plant is exercised by Philip Kaplan, vice president in charge
of production, who issues daily instructions to each foreman. In-
dividual operations are followed closely by professional chemists em-
ployed by the Company, who check the day to day results of produc-
tion of certain chemicals and instruct employees how to proceed. The
foremen merely serve as conduits for the transmittal of orders to their
men and beyond that, their sole responsibility is to see that the work
is gotten out. The evidence indicates that they have no authority with
respect to personnel, the handling of grievances, or the formulation
of company policy, and that they cannot make effective recommenda-
tions with regard to discipline or changes in the status of employees 8
Accordingly, we find, on the basis of the evidence adduced in this case,
that these foremen and assistant foremen are not supervisory em-
ployees within the customary definition.
2 This is the same unit as NA as provided for in the contracts between the Company and
the AFL in effect from 1941 to 1945
3 Foreman report facts to Kaplan who makes an independent investigation thereof before
taking action
THE RICHARDS CHEMICAL WORKS, INC. 17
We find that all production and maintenance employees of the Com-
pany at its plant at Jersey City, New Jersey, excluding chemists,
laboratory assistants, technicians, office and clerical workers, time-
keepers, company officers and executives, and all supervisory employees
with authority to hire, promote, dl^icharge, 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 means of an election by secret ballot among
the 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
i be 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Boal:d 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 The Richards
Chemical Works, Inc., Jersey City, New Jersey, an election by secret
ballot shall be conducted as early as possible, but not later than sixty
(60) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Second Region, acting in
this natter as agent for the National Labor Relations Board, and
object to Article III, Sections 10 and 11, of said Rules and Regula-
t ions, among the employees in the unit found appropriate in Section
1V, above, who were employed 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 of, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding any 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 Employee's Asso-
ciation of The Richards Chemical Works, or by Chemical Workers
Union No. 22951, A. F. of L., for the purpose of collective bargaining,
or by neither.
DIR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.