Virginia-Carolina Chemical Corp.

National Labor Relations Board - Board Decisions

Apr 14, 1953

104 N.L.R.B. 69 (N.L.R.B. 1953)

VIRGINIA-CAROLINA CHEMICAL CORPORATION 69
The record as made requires a recommendation that the complaint be dismissed.
Upon the basis of the foregoing findings of fact , and upon the entire record of the case, I make
the following:
CONCLUSIONS OF LAW
1. International Association of Machinists, District Lodge No. 94, Local No. 311, is a labor
organization within the meaning of Section 2 (5) of the Act.
2. The Respondents have not engaged in unfair labor practices within the meaning of the Act.
[Recommendations omitted from publication.]
VIRGINIA - CAROLINA CHEMICAL CORPORATION and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, LODGE NO.
183, AFL, Petitioner
VIRGINIA-CAROLINA CHEMICAL CORPORATION andUNITED
GAS, COKE & CHEMICAL WORKERS OF AMERICA, C.I.O.,
Petitioner. Cases Nos. 11-RC-453 (formerly 10-RC-1950)
and 11-RC-454 (formerly 10-RC-1959). April 14, 1953.
SUPPLEMENTAL DECISION AND ORDER
On December 23, 1952, the National Labor Relations Board
issued its Decision and Direction of Elections' finding, inter
alia,z that the machinists and welders at the Employer's
Charleston, South Carolina, plant, may each constitute a sepa-
rate unit for purposes of collective bargaining. Accordingly,
elections by secret ballot were conducted on January 14, 1953,
under the direction and supervision of the Regional Director
for the Eleventh Region. On that date, the Regional Director
issued and duly served on the parties tallies of ballots. The
tally for the machinists voting group showed only 1 eligible
voter and he cast his vote for the Petitioner, the International
Association of Machinists, Lodge No. 183, herein called the IAM.
The tally for the welders group showed that of 2 eligible voters,
1 vote was cast for this Petitioner and none against . No objec-
tions to the elections having been timely filed, the Regional
Director, pursuant to Section 102.61 of the Board's Rules and
Regulations and the Decision and Direction of Elections, forth-
with issued separate certifications of representatives to the
IAM for the machinists and the welders groups.
On February 23, 1953, the Employer moved to rescind the
foregoing certifications on the grounds that (a) there was only
1 eligible employee in the machinists voting group, and it
therefore could not constitute an appropriate bargaining unit;
and (b) in the welders voting group only 1 of the eligible em-
ployees voted and therefore no representative vote was cast
in that election. The IAM filed a brief in opposition to this
motion.
1100 NLRB No. 206.
=The Board also found that all remaining production and maintenance employees, with
specified exclusions, may constitute a separate unit . International Union of Mine. Mill &
Smelter Workers . Local Union No. 863 , won the election held in this group by receiving 181
out of 248 votes cast.
104 NLRB No. 16.
283230 0 - 54 - 6
70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
At the time of the hearing herein, the Employer employed
2 machinists. It appears that thereafter and at the time of the
election only 1 such employee was employed. As it would be
contrary to the settled policy of the Board to certify a repre-
sentative for bargaining purposes in a unit consisting of only
1 employee, we find that, in view of the changed circum-
stances, a machinists unit is no longer appropriate. Accord-
ingly, we shall grant the Employer's motion to that extent,
and revoke the certification for a machinists unit.3
As for the welders unit, consisting of two employees, no
such policy considerations apply. Because no timely objections
to the election had been filed, we see no justification for dis-
turbing the IAM certification for the welders unit. Accordingly,
we shall deny the Employer' s motion in this respect.
ORDER
Upon the basis of the above findings of fact and the entire
record in this case, the National Labor Relations Board hereby
orders that the certification issued in Case No. 11-RC-453 to
International Association of Machinists, Lodge No. 183, AFL,
as the collective-bargaining representative of machinists of the
Virginia -Carolina Chemical Corporation, Richmond, Virginia,
be, and it hereby is, revoked, and that the Employer's motion in
all other respects be, and it hereby is, denied.
Members Houston and Styles took no part in the considera-
tion of the above Supplemental Decision and Order.
3As the effect of our decision is to deny severance of the . machinist from the production and
maintenance unit , he remains part of that unit which is now covered by the certification issued
to International Union of Mine, Mill & Smelter Workers, Local Union No. 863. The outcome
of the election in the production and maintenance unit would not have been affected by the
machinist's vote.
J. A., M. D., AND R. A. WASSERMAN d/b/a MARYLAND
SPORTSWEAR COMPANY and AMALGAMATED CLOTHING
WORKERS OF AMERICA, C.I.O. Case No. 10-CA-1421. April
15, 1953
DECISION AND ORDER
On January 23, 1953, Trial Examiner Lee J. Best issued his
Intermediate Report in the above-entitled proceeding finding
that the Respondent had engaged in and was engaging in certain
unfair labor practices in violation of Section 8 (a) (1) and (3) of
the Labor Management Relations Act, as amended, and recom-
mending that the Respondent cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the
Intermediate Report attached hereto. Thereafter, the Respondent
filed exceptions to the Intermediate Report and a supporting
brief.
104 NLRB No. 7.