Atmospheric Nitrogen Corp.

National Labor Relations Board - Board Decisions

Aug 31, 1943

52 N.L.R.B. 342 (N.L.R.B. 1943)

In the Matter of ATMOSPHERIC NITROGEN CORPORATION and DISTRICT
#50, UNITED MINE WORKERS OF AMERICA
Case No. R-5805.-Decided August 31, 1943
Messrs. J. M. Gaston and E. L. Ray, of Henderson, Ky., for the
Company.
Mr. Earl`,S"uver, of St. Louis, Mo., and Mr. David Hunter, of Marion,
Ky., for District 50.
Mr: J. C. Claypool, of Evansville, Ind., and Mr. Thomas Berry,
of Robards, Ky., for the A. F. of L.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District #50, United Mine Workers
of America, herein called District 50, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Atmospheric Nitrogen Corporation, Henderson, Kentucky, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Harold Hudson,
Trial Examiner. Said hearing was held at Evansville, Indiana, on
August 6, 1943. The Company, District 50, and American Federation
of Labor, herein called the A. F. of L., appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing upon 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
I. THE BUSINESS OF THE COMPANY
Atmospheric Nitrogen Corporation is a Delaware corporation with
its principal office in New York City. The Company operates a plant
52 N. L. R B., No 46.
342
APMJOJSPHERIC NITROGEN CoRP'OiRAnoN 343
at Henderson, Kentucky, the only one involved herein, where it is
engaged in manufacturing anhydrous ammonia for the War Depart-
ment under a cost-plus-a-fixed-fee contract between the Company and
the Government. Approximately 50 percent of the raw materials
used in 'the Henderson plant is shipped from points outside the State
of Kentucky, and over 50 percent of the finished products is shipped
from the plant in question to points outside the State of Kentucky.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
District #50, United Mine Workers of America, and American
Federation of Labor, are labor organizations admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that on June 23, 1943, District 50 requested
recognition as exclusive bargaining agent for the Company's produc-
tion and maintenance employees, and that the Company refused to
grant such recognition unless and until District 50 was certified by
the Board.
A statement made by the Trial Examiner at the hearing indicated
that District 50 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 parties agree that all hourly paid production and maintenance
employees should be included in the unit. They also agree that guards
should be excluded. However, the Company contends that certain'
salaried employees, described below, should be included in the unit,
while the unions would exclude them.
Chemical department employees: Gas purification chemists, power-
house chemists, and main laboratory chemists comprise this group.
I The Trial Examiner 's statement shows that District 50 submitted 84 application cards,
all of which bear apparently genuine signatures , and all of which appear to have been
executed by persons in the employ of the Company . Sixty-two of the cards were dated
in June 1943 , 2 were dated in July 1943 , and 20 were undated The A F. of L sub-
mitted 8 application cards , all of which bear apparently genuine signatures , and all of
which appear to have been executed by persons in employ of the Company ; the cards
were dated in July and August 1943 . These are approximately 226 employees in the
appropriate unit.
1\
344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
These employees are apparently college trained and are paid a salary.
As a general rule they are confined to laboratories where they prepare
acids and make chemical analyses and tests. Neither union has at-
tempted to organize the chemists. Inasmuch as the duties and inter-
ests of the chemists are substantially different from those of the pro-
duction and maintenance employees, we shall exclude them from the,
unit.,
Stores department employees: There are four classifications of em-
ployees in this department, known as disbursing, receiving, material,
and kardex men. Their principal duties consist of keeping records
of the stores and maintaining and replenishing stock; they are salaried'
employees, working under the supervision of the storekeeper. Neither
union has attempted to organize them. Since the status and function
of these clerical employees differentiate them from the production and
maintenance employees we shall exclude them from the unit.3
Employees of the plant engineer's office: These employees form a
heterogeneous group consisting of a photographer, blueprint and
photostat operators, draftsmen, junior engineers, engineering clerks,
junior clerks, and clerks. They are under the supervision of the plant
engineer, are paid a salary, and their duties are either technical or
clerical in nature. Neither union has attempted to organize any of
these employees. We shall exclude them from the unit.
Miscellaneous employees: Runners are girl messengers who run er-
rands, handle mail, and provide escort service; they are salaried
employees under the supervision of the plant accountant. The time-
checkers' duties consist of checking time cards to confirm presence of
employees, preventing errors in accounting, and discouraging collusion
between employees and supervisors. They are salaried employees and
are also under the supervision of the plant accountant. Neither union
has attempted to organize the runners or timecheckers. Since their
work is of a clerical nature, we shall exclude them from the unit. We
shall also exclude the master mechanic's clerk from the unit since the
record reveals that his duties are also of a clerical nature. The intro-
m,entman works throughout the plant adjusting and maintaining
various electric control devices. He is a skilled technician, is paid a
salary, and is under the supervision of the assistant plant engineer.
He will be excluded from the unit.
We find that all hourly paid employees of the Company at Hender-
son, Kentucky, excluding all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, labora-
tory and technical, office and clerical employees, and guards, constitute
2 Matter of National Vulcanized Fibre Co., 36 N. L. R. B. 46.
Matter of Superior Tanning Co ., 43 N. L. R. B. 734.
i ATMOSPHERIC NITROGEN CORPORAnON 345
a unit appropriate for the purposes of collective bargaining 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 the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion herein, subject to the limitations and additions set forth in said
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIREarm that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Atmospheric Nitro-
gen Corporation, Henderson, Kentucky, 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 super-
vision of,the Regional Director for the Fourteenth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject 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
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 any who have since quit or been discharged for cause, to
determine whether they desire to be represented by District #50,
United Mine Workers of America, or by American Federation of
Labor, for the purposes of collective bargaining, or by neither.
CHAIRMAN Mii is took no part in the consideration of the above
Decision and Direction of Election.