Rohm & Haas Co.

National Labor Relations Board - Board Decisions

Aug 12, 1943

51 N.L.R.B. 1232 (N.L.R.B. 1943)

In the Matter of ROHM & HAAS COMPANY and INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL 541, OF BRISTOL, A. F. OF L.
Case No. R-5653.-Decided August 10, 1943
Mr. Kenneth Sourer, of Philadelphia, Pa., for the' Company.
Mr. Thomas Mallon, of Philadelphia, Pa., for the A. F. of L.
Mr. Samuel J. Rothbard, of Newark, N. J., for the C. I. O.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Operating Engi-
neers, Local 541, of Bristol, A. F. of L., herein called the A. F. of L.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Rohm & Haas Company, Bristol, Penn-
sylvania, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Geoffrey J. Cunniff, Trial Examiner. Said hearing was held at Tren-
ton, New Jersey, on July 9, 1943. The Company, the A. F. of L., and
Federation of Glass, Ceramic and Silica Sand Workers, C. I. 0.,
herein called the C. I. 0., 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 prejudicial error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board. The A. F. of L. and the C: I. O. filed briefs which
have been considered by the Board. As the briefs adequately pre-
sented the respective positions of the parties, oral argument requested
by the C. 1. 0. is hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Rohm & Haas Company is a Delaware corporation with its princi-
pal place of business at Bristol, Pennsylvania. It is engaged at its
51 N. L. R. B., No. 193.
1232
ROHM & HAAS COMPANY 1233
Bristol plant in the manufacture, sale, and distribution of chemicals,
chemical specialties, and plastics. During the year 1942, the Company
purchased raw material and it manufactured products, each in excess
of $750,000, in value. Approximately 75 percent of the raw mate-
rial was purchased from points outside the State of Pennsylvania, and
approximately 75 percent of the finished products was shipped to
points outside the State of Pennsylvania. The Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union of Operating Engineers, Local 541, of Bristol,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
Federation of Glass, Ceramic and Silica Sand Workers is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the' Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the A. F. of L. as the bargaining
representative for the unit which it claims appropriate unless it is
certified by the Board.
A statement of the Regional Director, introduced into evidence,
indicated that the A. F. of L. represents a substantial number of em-
ployees in the unit herein found 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 A. F. of L. has petitioned for a unit of all maintenance em-
ployees, excluding superintendents, foremen, office clerical employees,
guards, and production employees. The C.I. O. contends that only a
unit including both maintenance and production employees is appro-
priate in the Company's plant. The Company voiced no preference
but agreed that either type of unit would be feasible.
The C. I. O. bases its objection to the A. F. of L.'s proposed unit
' The, A. F. of L . submitted to the Regional Director 157 application -for-membership
cards which bear apparently genuine signatures , all of which appear on the Company's
June 1, 1943 , pay roll which contains the names of 242 employees in the appropriate unit.
The cards are dated in April, May , and June of 1943 The C . I. 0. submitted no cards, rely-
ing not on its own representation but solely on its allegation that the A . F. of L.'s proposed
unit is inappropriate.
1234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mainly on its assertion that other similar plants 2 are organized on
an industrial basis. The record discloses that the maintenance em-
ployees have in the past been recognized by the Company as a unit
apart from production employees, and that the unit was found work-
able; that only maintenance workers have been organized, and that the
extent of organization was dictated by the choice of the maintenance
employees. Maintenance employees have separate shops and separate
foremen from production employees; their skills are greater; their
interests are different. Accordingly, we find that all maintenance
employees, excluding production workers, office clerical workers,
guards, foremen 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
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
of the Company in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing the date of the Direction of Election herein, subject to the limi-
tations and additions set forth in the Direction. Since the C. I. O.
has made no showing of representation, we shall not accord it a place
on the ballot.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National La-
bor 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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Rohm & Haas
Company, Bristol, Pennsylvania, 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-Fourth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 10, of said Rules and Regulations, among the
employees of the Company within 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
2 The Company denies that its Bristol plant is similar to the plants referred to by the
C I 0 Plastic glass constitutes only a portion of the output of the Company' s Bristol
plant.
) ROHM & HAAS COMPANY 1235
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 per-
son at the polls, but excluding employees who have since quit or been
discharged for cause, to determine whether or not they desire to be
'represented by International Union of Operating Engineers, Local
541, of Bristol, A. F. of L., for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
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